80_FR_66127 80 FR 65919 - Temporary Liquidity Guarantee Program; Unlimited Deposit Insurance Coverage for Noninterest-Bearing Transaction Accounts

80 FR 65919 - Temporary Liquidity Guarantee Program; Unlimited Deposit Insurance Coverage for Noninterest-Bearing Transaction Accounts

FEDERAL DEPOSIT INSURANCE CORPORATION

Federal Register Volume 80, Issue 208 (October 28, 2015)

Page Range65919-65921
FR Document2015-27294

The FDIC is rescinding and removing its regulations implementing the Temporary Liquidity Guarantee Program (TLGP) and the unlimited deposit insurance coverage for ``noninterest-bearing transaction accounts'' provided by section 343 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, and related definitions. Because these programs have expired by their terms, the regulations implementing them are unnecessary and obsolete.

Federal Register, Volume 80 Issue 208 (Wednesday, October 28, 2015)
[Federal Register Volume 80, Number 208 (Wednesday, October 28, 2015)]
[Rules and Regulations]
[Pages 65919-65921]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27294]


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FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Parts 330 and 370

RIN 3064-AE34


Temporary Liquidity Guarantee Program; Unlimited Deposit 
Insurance Coverage for Noninterest-Bearing Transaction Accounts

AGENCY: Federal Deposit Insurance Corporation (FDIC).

ACTION: Final rule.

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

SUMMARY: The FDIC is rescinding and removing its regulations 
implementing the Temporary Liquidity Guarantee Program (TLGP) and the 
unlimited deposit insurance coverage for ``noninterest-bearing 
transaction accounts'' provided by section 343 of the Dodd-Frank Wall 
Street Reform and Consumer Protection Act, and related definitions. 
Because these programs have expired by their terms, the regulations 
implementing them are unnecessary and obsolete.

DATES: Effective Date: The final rule is effective October 28, 2015.

FOR FURTHER INFORMATION CONTACT: Schuyler Livingston, Economic Analyst, 
Division of Insurance and Research (202) 898-6830 or 
[email protected]; Marc Steckel, Deputy Director, Division of 
Resolutions and Receiverships (571) 858-8224 or [email protected]; Lisa 
D. Arquette, Associate Director, Division of Risk Management 
Supervision (202) 898-8633 or [email protected]; or Gregory S. Feder, 
Counsel, Legal Division (202) 898-8724 or [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In October 2008, acting in response to unprecedented disruptions to 
the nation's credit markets and pursuant to section 13(c)(4)(G) of the 
Federal Deposit Insurance Act (FDI Act),\1\ the Board of Directors of 
the Federal Deposit Insurance Corporation (FDIC) and the Board of 
Governors of the Federal Reserve System (FRB) recommended that the 
Secretary of the Treasury, following consultation with the President, 
make a determination that systemic risk existed in the nation's 
financial system. After the Treasury Secretary's determination of 
systemic risk, the FDIC was authorized to take action or to provide 
assistance as necessary to avoid or to mitigate the effects of the 
perceived risks to the financial system. Pursuant to this

[[Page 65920]]

authority, the FDIC issued part 370 of Title 12 of the Code of Federal 
Regulations (part 370) which established the TLGP. The TLGP was 
composed of two distinct components: The Debt Guarantee Program (DGP) 
and the Transaction Account Guarantee Program (TAGP). The DGP provided 
a temporary FDIC guarantee for all newly issued senior unsecured debt 
issued by participating entities up to prescribed limits; the TAGP 
provided a temporary FDIC guarantee for all funds held at FDIC-insured 
depository institutions in noninterest-bearing transaction accounts 
above the existing deposit insurance limit.
---------------------------------------------------------------------------

    \1\ 12 U.S.C. 1823(c)(4)(G).
---------------------------------------------------------------------------

    From its inception, the TLGP was intended to be a time-limited 
program. The FDIC's initial guarantee under the DGP expired on the 
earlier of the maturity date of the debt or June 30, 2012, for newly 
issued senior unsecured debt issued through June 30, 2009, by entities 
that opted into the DGP.\2\ To reduce market disruption at the 
conclusion of the DGP and to facilitate the orderly phase-out of the 
program, in 2009, the FDIC extended the issuance period for senior 
unsecured debt through October 31, 2009, and similarly extended the 
FDIC's guarantee on such obligations to the earlier of the stated 
maturity date of the debt or December 31, 2012.\3\ Later in 2009, the 
FDIC established a limited six-month emergency guarantee facility, 
available to participating entities on an application basis. Although 
no entities applied to avail themselves of the FDIC's emergency 
guarantee facility, the FDIC would have permitted approved entities to 
issue FDIC-guaranteed debt through April 30, 2010, for which the FDIC's 
guarantee would have expired on the earlier of the stated maturity date 
of the debt or December 31, 2012.\4\
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    \2\ 73 FR 72244 (Nov. 26, 2008).
    \3\ 74 FR 26521 (Jun. 3, 2009).
    \4\ 74 FR 54743 (Oct. 23, 2009).
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    Under the TAGP, the FDIC's guarantee of all noninterest-bearing 
transaction accounts originally was scheduled to expire on December 31, 
2009.\5\ In recognition of the continuing effects of economic turmoil, 
the FDIC twice extended the expiration deadline for the TAGP: First, 
until June 30, 2010,\6\ and, later, until December 31, 2010, ``unless 
the Board, for good cause, extends the program for an additional period 
of time not to exceed one year.'' \7\ On September 30, 2010, the FDIC 
indicated that the TAGP would not be extended beyond December 31, 
2010.\8\
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    \5\ 73 FR 72244 (Nov. 26, 2008).
    \6\ 74 FR 45093 (Sept. 1, 2009).
    \7\ 75 FR 36506 (Jun. 28, 2010).
    \8\ 75 FR 60341 (Sept. 30, 2010).
---------------------------------------------------------------------------

    Over the course of the DGP's existence, 122 entities issued TLGP 
debt. At its peak, the DGP guaranteed $345.8 billion of outstanding 
debt. The DGP guarantee on all TLGP debt that had not already matured 
expired on December 31, 2012. Therefore, at the end of 2012, no debt 
guaranteed by the FDIC under the DGP remained.
    The FDIC collected $10.4 billion in fees and surcharges under the 
DGP. As of December 31, 2012, the FDIC had paid $153 million in losses 
resulting from six participating entities defaulting on debt issued 
under the DGP. The majority of these losses ($113 million) arose from 
banks with outstanding DGP notes that failed in 2011 and were placed 
into receivership.
    The FDIC collected $1.2 billion in fees under the TAGP. Cumulative 
estimated TAGP losses on failures as of December 31, 2012, totaled $2.1 
billion.
    Overall, TLGP fees exceeded the losses from the program. From the 
inception of the TLGP, it was the FDIC's policy to recognize revenue to 
the Deposit Insurance Fund (DIF) for any portion of guarantee fees in 
excess of amounts needed to cover potential losses upon expiration of 
the TLGP guarantee period (December 31, 2012) or earlier. In total, 
$9.3 billion in TLGP fees were deposited into the DIF.
    On July 21, 2010, the Dodd-Frank Wall Street Reform and Consumer 
Protection Act (Dodd-Frank Act) was enacted.\9\ Section 343 of the 
Dodd-Frank Act provided for unlimited deposit insurance for 
noninterest-bearing transaction accounts for two years starting 
December 31, 2010, after which, by its terms, the section was repealed. 
This unlimited coverage for ``noninterest-bearing transaction 
accounts'' as defined in the Dodd-Frank Act was similar to, but not 
identical to, the protection provided for such account owners under the 
FDIC's TAGP. On November 15, 2010, the FDIC published a final rule in 
the Federal Register amending 12 CFR part 330 to implement section 343 
of the Dodd-Frank Act, providing for unlimited deposit insurance for 
``noninterest-bearing transaction accounts'' for two years starting 
December 31, 2010.\10\ The final rule added a new definition of 
noninterest-bearing transaction account to the FDIC's regulations at 
Sec.  330.1(r) (now Sec.  330.1(s)). The final rule also added new 
Sec.  330.16 to provide for full insurance coverage, regardless of the 
standard maximum deposit insurance limit, to noninterest-bearing 
transaction accounts from December 31, 2010, through December 31, 2012.
---------------------------------------------------------------------------

    \9\ Public Law 111-203 (July 21, 2010).
    \10\ 75 FR 69577 (Nov. 15, 2010) (adding 12 CFR 303.1(r), 
303.16). The FDIC used its proposed rule implementing the Dodd-Frank 
coverage for noninterest-bearing transaction accounts as a vehicle 
for the FDIC's Board of Directors to announce that it would not 
continue the TAGP beyond December 31, 2010. 75 FR 60341(Sept. 30, 
2010).
---------------------------------------------------------------------------

    On January 27, 2011, the FDIC published a final rule in the Federal 
Register (1) amending the definition of ``noninterest-bearing 
transaction account'' to include IOLTA accounts; (2) requiring that 
notice be posted regarding the scope of coverage of the Dodd-Frank Act 
transaction account guarantee program at the bank's main office, in 
branch lobbies, and on its Web site; and (3) requiring that notice be 
provided to holders of NOW accounts that such accounts are no longer 
covered.\11\
---------------------------------------------------------------------------

    \11\ 76 FR 4813 (Jan. 27, 2011) (amending 12 CFR 303.1(r), 
303.16).
---------------------------------------------------------------------------

    The expiration dates for the DGP and the TAGP were stated clearly 
in the FDIC's TLGP regulation. Because December 31, 2010 (the 
expiration date of the TAGP) and December 31, 2012 (the expiration of 
the DGP) have passed, all of the FDIC's obligations under either 
component of the TLGP have expired. With the expiration of both the DGP 
and the TAGP, part 370 is unnecessary and obsolete.
    Similarly, Sec.  330.16(a) clearly provides that the unlimited 
deposit insurance for noninterest-bearing transaction accounts under 
the Dodd-Frank Act expired on December 31, 2012. After that date, by 
its terms, the section was repealed. As such, Sec.  330.16 and the 
definition of ``noninterest-bearing transaction account'' at Sec.  
330.1(s) are unnecessary and obsolete.

II. The Final Rule

    For the reasons set forth in the preceding section, the FDIC is 
issuing the final rule, which will rescind part 370, Sec.  330.16, and 
Sec.  330.1(s) and remove them from the FDIC's regulations.

III. Regulatory Analysis

A. Administrative Procedure Act

1. Notice and Opportunity for Public Comment
    Pursuant to section 553(b)(3)(B) of the Administrative Procedure 
Act (APA), providing notice and an opportunity for public comment is 
not required prior to the issuance of a substantive rule if an agency 
for good cause finds that notice and public procedure thereon are 
impracticable, unnecessary, or contrary to the public interest. In this 
instance,

[[Page 65921]]

the FDIC invokes this good cause exception to Section 553 of the APA.
    The FDIC believes that good cause exists for issuing a final rule 
without providing notice and an opportunity for public comment because 
such an exercise is ``unnecessary.'' By the express terms of both 
regulations, the underlying programs described in part 370 and Sec.  
330.16 have expired, and, because of that, the rescission of these 
rules can have no effect on the banking industry or the public. 
Moreover, the rescission of part 370, Sec.  330.1(s), and Sec.  330.16 
is not ``substantive'' as the programs that these regulations 
implemented have expired and they affect no substantive rights or 
obligations.
2. Effective Date
    In addition, section 553(d)(3) of the APA provides that an agency, 
for good cause found and published with the rule, does not have to 
comply with the requirement that a substantive rule be published not 
less than 30 days before its effective date. The FDIC invokes this good 
cause exception because the rescission of part 370, Sec.  330.1(s), and 
Sec.  330.16 is not ``substantive'' as the programs that these 
regulations implemented have expired and they affect no substantive 
rights or obligations.\12\
---------------------------------------------------------------------------

    \12\ 5 U.S.C. 553(d)(3).
---------------------------------------------------------------------------

B. The Economic Growth and Regulatory Paperwork Reduction Act

    Under section 2222 of the Economic Growth and Regulatory Paperwork 
Reduction Act of 1996 (EGRPRA),\13\ the FDIC is required to review all 
of its regulations, at least once every 10 years, in order to identify 
any outdated or otherwise unnecessary regulations imposed on insured 
institutions. The FDIC completed the last comprehensive review of its 
regulations under EGRPRA in 2006 and has commenced the next decennial 
review. Rescission of part 370 and Sec.  330.16 is consistent with the 
required regulatory response to the EGRPRA review process: To eliminate 
unnecessary regulations to the extent such action is appropriate.
---------------------------------------------------------------------------

    \13\ 12 U.S.C. 3311.
---------------------------------------------------------------------------

C. Small Business Regulatory Enforcement Fairness Act

    The Office of Management and Budget has determined that the Final 
Rule is not a ``major rule'' within the meaning of the relevant 
sections of the Small Business Regulatory Enforcement Act of 1996 
(SBREFA).\14\ As required by law, the FDIC will file the appropriate 
reports with Congress and the General Accounting Office so that the 
Final Rule may be reviewed.
---------------------------------------------------------------------------

    \14\ Public Law 104-121 (Mar. 29, 1996), as amended by Public 
Law 110-28 (May 25, 2007).
---------------------------------------------------------------------------

D. Paperwork Reduction Act

    Existing collections of information shall be discontinued or 
modified, as appropriate, to the extent that this rule obviates or 
alters any collection of information.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act \15\ (RFA) applies only to rules for 
which an agency publishes a general notice of proposed rulemaking 
pursuant to 5 U.S.C. 553(b), or any other law.\16\ As discussed above, 
consistent with section 553(b)(3)(B) of the APA, the FDIC has 
determined for good cause that general notice and opportunity for 
public comment would be unnecessary. Therefore, pursuant to 5 U.S.C. 
601(2), the RFA does not apply.
---------------------------------------------------------------------------

    \15\ Public Law 96-354 (Sept. 19, 1980).
    \16\ 5 U.S.C. 601(2).
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List of Subjects

12 CFR Part 330

    Bank deposit insurance, Banks, Banking, Reporting and recordkeeping 
requirements, Savings and loan associations, Trusts and trustees.

12 CFR Part 370

    Banks, Banking, Bank deposit insurance, Holding companies, National 
banks, Reporting and recordkeeping requirements, Savings associations.

Authority and Issuance

    For the reasons set forth in the preamble above, under the 
authority of 12 U.S.C. 1821, the Board of Directors of the Federal 
Deposit Insurance Corporation amends chapter III of title 12 of the 
Code of Federal Regulations as follows:

PART 330--DEPOSIT INSURANCE COVERAGE

0
1. The authority citation for part 330 continues to read as follows:

    Authority: 12 U.S.C. 1813(l), 1813(m), 1817(i), 1818(q), 
1819(a)(Tenth), 1820(f), 1820(g), 1821(a), 1821(d), 1822(c).


Sec.  330.1  [Amended]

0
2. Remove and reserve Sec.  330.1(s).


Sec.  330.16  [Removed and Reserved]

0
3. Remove and reserve Sec.  330.16.

PART 370--[Removed and Reserved]

0
4. Remove and reserve part 370.

    Dated at Washington, DC, this 22nd day of October 2015.

    By order of the Board of Directors.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2015-27294 Filed 10-27-15; 8:45 am]
BILLING CODE 6714-01-P



                                                            Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Rules and Regulations                                      65919

                                           brokers, dealers, persons providing                      persons providing insurance,                          FEDERAL DEPOSIT INSURANCE
                                           insurance, investment companies, and                     investment companies, or investment                   CORPORATION
                                           investment advisers).                                    advisers).
                                                                                                                                                          12 CFR Parts 330 and 370
                                           ■ 3. Amend § 334.3 by adding paragraph                     (b) * * *
                                           (m) to read as follows:                                    (3) State savings association has the               RIN 3064–AE34

                                           § 334.3    Definitions.                                  same meaning as in section 3(b)(3) of                 Temporary Liquidity Guarantee
                                           *    *     *     *    *                                  the Federal Deposit Insurance Act, 12                 Program; Unlimited Deposit Insurance
                                             (m) State savings association has the                  U.S.C. 1813(b)(3).                                    Coverage for Noninterest-Bearing
                                           same meaning as in section 3(b)(3) of                    *     *     *    *     *                              Transaction Accounts
                                           the Federal Deposit Insurance Act, 12
                                                                                                    ■ 8. In appendix J to part 334, amend                 AGENCY:  Federal Deposit Insurance
                                           U.S.C. 1813(b)(3).
                                                                                                    supplement A under the heading                        Corporation (FDIC).
                                           Subparts C through E—[Removed and                        ‘‘Alerts, Notifications or Warnings from              ACTION: Final rule.
                                           Reserved]                                                a Consumer Reporting Agency’’ by
                                                                                                    revising paragraph 3 to read as follows:              SUMMARY:   The FDIC is rescinding and
                                           ■ 3. Remove and reserve subparts C, D,                                                                         removing its regulations implementing
                                           and E.                                                   Appendix J to Part 334—Interagency                    the Temporary Liquidity Guarantee
                                                                                                    Guidelines on Identity Theft Detection,               Program (TLGP) and the unlimited
                                           Subpart I—Records Disposal                               Prevention, and Mitigation
                                                                                                                                                          deposit insurance coverage for
                                                                                                    *       *     *       *      *                        ‘‘noninterest-bearing transaction
                                           ■ 4. Revise the heading for subpart I to
                                           read as set forth above.                                 Supplement A to Appendix J                            accounts’’ provided by section 343 of
                                                                                                                                                          the Dodd-Frank Wall Street Reform and
                                           § 334.82    [Removed and Reserved]
                                                                                                    *       *     *       *      *                        Consumer Protection Act, and related
                                           ■   5. Remove and reserve § 334.82.                      Alerts, Notifications or Warnings from a              definitions. Because these programs
                                                                                                    Consumer Reporting Agency                             have expired by their terms, the
                                           Subpart J—Identity Theft Red Flags                       *       *     *       *      *                        regulations implementing them are
                                                                                                                                                          unnecessary and obsolete.
                                           ■ 6. Amend § 334.90 by revising                          ■ 3. A consumer reporting agency                      DATES: Effective Date: The final rule is
                                           paragraphs (a) and (b)(5) and adding                     provides a notice of address                          effective October 28, 2015.
                                           paragraph (b)(11) to read as follows:                    discrepancy, as defined in 12 CFR
                                                                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                           § 334.90 Duties regarding the detection,
                                                                                                    1022.82(b).                                           Schuyler Livingston, Economic Analyst,
                                           prevention, and mitigation of identity theft.            *     *    *    *      *                              Division of Insurance and Research
                                              (a) Scope This section applies to a                                                                         (202) 898–6830 or slivingston@fdic.gov;
                                           financial institution or creditor that is                PART 391—REGULATIONS                                  Marc Steckel, Deputy Director, Division
                                           an insured state nonmember bank, State                   TRANSFERRED FROM THE OFFICE OF                        of Resolutions and Receiverships (571)
                                           savings association whose deposits are                   THRIFT SUPERVISION                                    858–8224 or msteckel@fdic.gov; Lisa D.
                                           insured by the Federal Deposit                                                                                 Arquette, Associate Director, Division of
                                           Insurance Corporation, insured state                     ■ 9. The authority citation for part 391              Risk Management Supervision (202)
                                           licensed branch of a foreign bank, or a                  continues, in part, to read as follows:               898–8633 or larquette@fdic.gov; or
                                           subsidiary of such entities (except                          Authority: 12 U.S.C. 1819.                        Gregory S. Feder, Counsel, Legal
                                           brokers, dealers, persons providing                                                                            Division (202) 898–8724 or gfeder@
                                           insurance, investment companies, and                     *       *     *       *      *                        fdic.gov.
                                                                                                      Subpart C also issued under 12 U.S.C.
                                           investment advisers).                                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                    1462a; 1463; 1464; 1828; 1831p–1; and 1881–
                                              (b) * * *
                                                                                                    1884; 15 U.S.C. 1681m; 1681w.                         I. Background
                                              (5) Creditor has the same meaning as
                                           in 15 U.S.C. 1681m(e)(4).                                *       *     *       *      *                           In October 2008, acting in response to
                                           *      *     *     *    *                                                                                      unprecedented disruptions to the
                                                                                                    Subpart C—[Removed and Reserved]
                                              (11) State savings association has the                                                                      nation’s credit markets and pursuant to
                                           same meaning as in section 3(b)(3) of                                                                          section 13(c)(4)(G) of the Federal
                                           the Federal Deposit Insurance Act, 12                    ■ 10. Remove and reserve subpart C,                   Deposit Insurance Act (FDI Act),1 the
                                           U.S.C. 1813(b)(3).                                       consisting of §§ 391.20 through 391.23                Board of Directors of the Federal
                                                                                                    and an appendix.                                      Deposit Insurance Corporation (FDIC)
                                           *      *     *     *    *
                                           ■ 7. Amend § 334.91 by revising                            Dated at Washington, DC, this 22nd day of           and the Board of Governors of the
                                           paragraph (a) and adding paragraph                       October, 2015.                                        Federal Reserve System (FRB)
                                           (b)(3) to read as follows:                                 By order of the Board of Directors.                 recommended that the Secretary of the
                                                                                                    Federal Deposit Insurance Corporation.                Treasury, following consultation with
                                           § 334.91 Duties of card issuers regarding                                                                      the President, make a determination that
                                           change of address.                                       Robert E. Feldman,
                                                                                                                                                          systemic risk existed in the nation’s
                                              (a) Scope This section applies to an                  Executive Secretary.                                  financial system. After the Treasury
                                           issuer of a debit or credit card (card                   [FR Doc. 2015–27291 Filed 10–27–15; 8:45 am]          Secretary’s determination of systemic
                                           issuer) that is an insured state                                                                               risk, the FDIC was authorized to take
Lhorne on DSK5TPTVN1PROD with RULES




                                                                                                    BILLING CODE 6714–01–P
                                           nonmember bank, state savings                                                                                  action or to provide assistance as
                                           association whose deposits are insured                                                                         necessary to avoid or to mitigate the
                                           by the Federal Deposit Insurance                                                                               effects of the perceived risks to the
                                           Corporation, insured state licensed                                                                            financial system. Pursuant to this
                                           branch of a foreign bank, or a subsidiary
                                           of such entities (except brokers, dealers,                                                                       1 12   U.S.C. 1823(c)(4)(G).



                                      VerDate Sep<11>2014    15:03 Oct 27, 2015   Jkt 238001   PO 00000   Frm 00039   Fmt 4700   Sfmt 4700   E:\FR\FM\28OCR1.SGM    28OCR1


                                           65920            Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Rules and Regulations

                                           authority, the FDIC issued part 370 of                   indicated that the TAGP would not be                  final rule added a new definition of
                                           Title 12 of the Code of Federal                          extended beyond December 31, 2010.8                   noninterest-bearing transaction account
                                           Regulations (part 370) which                                Over the course of the DGP’s                       to the FDIC’s regulations at § 330.1(r)
                                           established the TLGP. The TLGP was                       existence, 122 entities issued TLGP                   (now § 330.1(s)). The final rule also
                                           composed of two distinct components:                     debt. At its peak, the DGP guaranteed                 added new § 330.16 to provide for full
                                           The Debt Guarantee Program (DGP) and                     $345.8 billion of outstanding debt. The               insurance coverage, regardless of the
                                           the Transaction Account Guarantee                        DGP guarantee on all TLGP debt that                   standard maximum deposit insurance
                                           Program (TAGP). The DGP provided a                       had not already matured expired on                    limit, to noninterest-bearing transaction
                                           temporary FDIC guarantee for all newly                   December 31, 2012. Therefore, at the                  accounts from December 31, 2010,
                                           issued senior unsecured debt issued by                   end of 2012, no debt guaranteed by the                through December 31, 2012.
                                           participating entities up to prescribed                  FDIC under the DGP remained.                             On January 27, 2011, the FDIC
                                           limits; the TAGP provided a temporary                       The FDIC collected $10.4 billion in                published a final rule in the Federal
                                           FDIC guarantee for all funds held at                     fees and surcharges under the DGP. As                 Register (1) amending the definition of
                                           FDIC-insured depository institutions in                  of December 31, 2012, the FDIC had                    ‘‘noninterest-bearing transaction
                                           noninterest-bearing transaction accounts                 paid $153 million in losses resulting                 account’’ to include IOLTA accounts; (2)
                                           above the existing deposit insurance                     from six participating entities defaulting            requiring that notice be posted regarding
                                           limit.                                                   on debt issued under the DGP. The                     the scope of coverage of the Dodd-Frank
                                                                                                    majority of these losses ($113 million)               Act transaction account guarantee
                                              From its inception, the TLGP was                      arose from banks with outstanding DGP                 program at the bank’s main office, in
                                           intended to be a time-limited program.                   notes that failed in 2011 and were                    branch lobbies, and on its Web site; and
                                           The FDIC’s initial guarantee under the                   placed into receivership.                             (3) requiring that notice be provided to
                                           DGP expired on the earlier of the                           The FDIC collected $1.2 billion in fees            holders of NOW accounts that such
                                           maturity date of the debt or June 30,                    under the TAGP. Cumulative estimated                  accounts are no longer covered.11
                                           2012, for newly issued senior unsecured                  TAGP losses on failures as of December                   The expiration dates for the DGP and
                                           debt issued through June 30, 2009, by                    31, 2012, totaled $2.1 billion.                       the TAGP were stated clearly in the
                                           entities that opted into the DGP.2 To                       Overall, TLGP fees exceeded the                    FDIC’s TLGP regulation. Because
                                           reduce market disruption at the                          losses from the program. From the                     December 31, 2010 (the expiration date
                                           conclusion of the DGP and to facilitate                  inception of the TLGP, it was the FDIC’s              of the TAGP) and December 31, 2012
                                           the orderly phase-out of the program, in                 policy to recognize revenue to the                    (the expiration of the DGP) have passed,
                                           2009, the FDIC extended the issuance                     Deposit Insurance Fund (DIF) for any                  all of the FDIC’s obligations under either
                                           period for senior unsecured debt                         portion of guarantee fees in excess of                component of the TLGP have expired.
                                           through October 31, 2009, and similarly                  amounts needed to cover potential                     With the expiration of both the DGP and
                                           extended the FDIC’s guarantee on such                    losses upon expiration of the TLGP                    the TAGP, part 370 is unnecessary and
                                           obligations to the earlier of the stated                 guarantee period (December 31, 2012) or               obsolete.
                                           maturity date of the debt or December                    earlier. In total, $9.3 billion in TLGP                  Similarly, § 330.16(a) clearly provides
                                           31, 2012.3 Later in 2009, the FDIC                       fees were deposited into the DIF.                     that the unlimited deposit insurance for
                                           established a limited six-month                             On July 21, 2010, the Dodd-Frank                   noninterest-bearing transaction accounts
                                           emergency guarantee facility, available                  Wall Street Reform and Consumer                       under the Dodd-Frank Act expired on
                                           to participating entities on an                          Protection Act (Dodd-Frank Act) was                   December 31, 2012. After that date, by
                                           application basis. Although no entities                  enacted.9 Section 343 of the Dodd-Frank               its terms, the section was repealed. As
                                           applied to avail themselves of the                       Act provided for unlimited deposit                    such, § 330.16 and the definition of
                                           FDIC’s emergency guarantee facility, the                 insurance for noninterest-bearing                     ‘‘noninterest-bearing transaction
                                           FDIC would have permitted approved                       transaction accounts for two years                    account’’ at § 330.1(s) are unnecessary
                                           entities to issue FDIC-guaranteed debt                   starting December 31, 2010, after which,              and obsolete.
                                           through April 30, 2010, for which the                    by its terms, the section was repealed.               II. The Final Rule
                                           FDIC’s guarantee would have expired on                   This unlimited coverage for
                                                                                                    ‘‘noninterest-bearing transaction                        For the reasons set forth in the
                                           the earlier of the stated maturity date of
                                                                                                    accounts’’ as defined in the Dodd-Frank               preceding section, the FDIC is issuing
                                           the debt or December 31, 2012.4
                                                                                                    Act was similar to, but not identical to,             the final rule, which will rescind part
                                              Under the TAGP, the FDIC’s                            the protection provided for such                      370, § 330.16, and § 330.1(s) and remove
                                           guarantee of all noninterest-bearing                     account owners under the FDIC’s TAGP.                 them from the FDIC’s regulations.
                                           transaction accounts originally was                      On November 15, 2010, the FDIC
                                           scheduled to expire on December 31,                                                                            III. Regulatory Analysis
                                                                                                    published a final rule in the Federal
                                           2009.5 In recognition of the continuing                  Register amending 12 CFR part 330 to                  A. Administrative Procedure Act
                                           effects of economic turmoil, the FDIC                    implement section 343 of the Dodd-
                                           twice extended the expiration deadline                                                                         1. Notice and Opportunity for Public
                                                                                                    Frank Act, providing for unlimited                    Comment
                                           for the TAGP: First, until June 30,                      deposit insurance for ‘‘noninterest-
                                           2010,6 and, later, until December 31,                    bearing transaction accounts’’ for two                   Pursuant to section 553(b)(3)(B) of the
                                           2010, ‘‘unless the Board, for good cause,                years starting December 31, 2010.10 The               Administrative Procedure Act (APA),
                                           extends the program for an additional                                                                          providing notice and an opportunity for
                                           period of time not to exceed one year.’’ 7                 8 75 FR 60341 (Sept. 30, 2010).                     public comment is not required prior to
                                           On September 30, 2010, the FDIC                            9 Public Law 111–203 (July 21, 2010).               the issuance of a substantive rule if an
                                                                                                                                                          agency for good cause finds that notice
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                                                                                                      10 75 FR 69577 (Nov. 15, 2010) (adding 12 CFR

                                             2 73 FR 72244 (Nov. 26, 2008).                         303.1(r), 303.16). The FDIC used its proposed rule    and public procedure thereon are
                                             3 74                                                   implementing the Dodd-Frank coverage for              impracticable, unnecessary, or contrary
                                                  FR 26521 (Jun. 3, 2009).
                                                                                                    noninterest-bearing transaction accounts as a
                                             4 74 FR 54743 (Oct. 23, 2009).
                                                                                                    vehicle for the FDIC’s Board of Directors to          to the public interest. In this instance,
                                             5 73 FR 72244 (Nov. 26, 2008).
                                                                                                    announce that it would not continue the TAGP
                                             6 74 FR 45093 (Sept. 1, 2009).
                                                                                                    beyond December 31, 2010. 75 FR 60341(Sept. 30,         11 76 FR 4813 (Jan. 27, 2011) (amending 12 CFR
                                             7 75 FR 36506 (Jun. 28, 2010).                         2010).                                                303.1(r), 303.16).



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                                                            Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Rules and Regulations                                               65921

                                           the FDIC invokes this good cause                         reports with Congress and the General                      By order of the Board of Directors.
                                           exception to Section 553 of the APA.                     Accounting Office so that the Final Rule                 Federal Deposit Insurance Corporation.
                                              The FDIC believes that good cause                     may be reviewed.                                         Robert E. Feldman,
                                           exists for issuing a final rule without                                                                           Executive Secretary.
                                           providing notice and an opportunity for                  D. Paperwork Reduction Act
                                                                                                                                                             [FR Doc. 2015–27294 Filed 10–27–15; 8:45 am]
                                           public comment because such an                             Existing collections of information
                                                                                                                                                             BILLING CODE 6714–01–P
                                           exercise is ‘‘unnecessary.’’ By the                      shall be discontinued or modified, as
                                           express terms of both regulations, the                   appropriate, to the extent that this rule
                                           underlying programs described in part                    obviates or alters any collection of
                                           370 and § 330.16 have expired, and,                      information.                                             DEPARTMENT OF TRANSPORTATION
                                           because of that, the rescission of these                 E. Regulatory Flexibility Act
                                           rules can have no effect on the banking                                                                           Federal Aviation Administration
                                           industry or the public. Moreover, the                      The Regulatory Flexibility Act 15
                                           rescission of part 370, § 330.1(s), and                  (RFA) applies only to rules for which an                 14 CFR Part 39
                                           § 330.16 is not ‘‘substantive’’ as the                   agency publishes a general notice of
                                                                                                                                                             [Docket No. FAA–2015–4205; Directorate
                                           programs that these regulations                          proposed rulemaking pursuant to 5                        Identifier 2015–NM–149–AD; Amendment
                                           implemented have expired and they                        U.S.C. 553(b), or any other law.16 As                    39–18301; AD 2015–21–08]
                                           affect no substantive rights or                          discussed above, consistent with section
                                           obligations.                                             553(b)(3)(B) of the APA, the FDIC has                    RIN 2120–AA64
                                                                                                    determined for good cause that general
                                           2. Effective Date                                        notice and opportunity for public                        Airworthiness Directives; The Boeing
                                              In addition, section 553(d)(3) of the                 comment would be unnecessary.                            Company Airplanes
                                           APA provides that an agency, for good                    Therefore, pursuant to 5 U.S.C. 601(2),                  AGENCY:  Federal Aviation
                                           cause found and published with the                       the RFA does not apply.                                  Administration (FAA), DOT.
                                           rule, does not have to comply with the
                                                                                                    List of Subjects                                         ACTION: Final rule; request for
                                           requirement that a substantive rule be
                                           published not less than 30 days before                                                                            comments.
                                                                                                    12 CFR Part 330
                                           its effective date. The FDIC invokes this                  Bank deposit insurance, Banks,                         SUMMARY:   We are adopting a new
                                           good cause exception because the                         Banking, Reporting and recordkeeping                     airworthiness directive (AD) for certain
                                           rescission of part 370, § 330.1(s), and                  requirements, Savings and loan                           The Boeing Company Model 737–100,
                                           § 330.16 is not ‘‘substantive’’ as the                   associations, Trusts and trustees.                       –200, –200C, –300, –400, and –500
                                           programs that these regulations                                                                                   series airplanes. This AD requires
                                           implemented have expired and they                        12 CFR Part 370                                          repetitive eddy current inspections for
                                           affect no substantive rights or                            Banks, Banking, Bank deposit                           any cracking in the inspar upper skin,
                                           obligations.12                                           insurance, Holding companies, National                   and related investigative and corrective
                                           B. The Economic Growth and                               banks, Reporting and recordkeeping                       actions if necessary. This AD was
                                           Regulatory Paperwork Reduction Act                       requirements, Savings associations.                      prompted by a report that an operator
                                             Under section 2222 of the Economic                     Authority and Issuance                                   discovered a crack in a certain section
                                           Growth and Regulatory Paperwork                                                                                   of the inspar upper skin, just forward of
                                                                                                      For the reasons set forth in the                       the rear spar on the right wing. We are
                                           Reduction Act of 1996 (EGRPRA),13 the                    preamble above, under the authority of
                                           FDIC is required to review all of its                                                                             issuing this AD to detect and correct any
                                                                                                    12 U.S.C. 1821, the Board of Directors                   cracking in the inspar upper skin and
                                           regulations, at least once every 10 years,               of the Federal Deposit Insurance
                                           in order to identify any outdated or                                                                              rear spar upper chord, which could
                                                                                                    Corporation amends chapter III of title                  result in the inability of the structure to
                                           otherwise unnecessary regulations                        12 of the Code of Federal Regulations as
                                           imposed on insured institutions. The                                                                              carry limit load, or result in a fuel leak,
                                                                                                    follows:                                                 which could prevent continued safe
                                           FDIC completed the last comprehensive
                                           review of its regulations under EGRPRA                                                                            flight and landing.
                                                                                                    PART 330—DEPOSIT INSURANCE
                                           in 2006 and has commenced the next                       COVERAGE                                                 DATES: This AD is effective November
                                           decennial review. Rescission of part 370                                                                          12, 2015.
                                           and § 330.16 is consistent with the                      ■ 1. The authority citation for part 330                    The Director of the Federal Register
                                           required regulatory response to the                      continues to read as follows:                            approved the incorporation by reference
                                           EGRPRA review process: To eliminate                        Authority: 12 U.S.C. 1813(l), 1813(m),                 of a certain publication listed in this AD
                                           unnecessary regulations to the extent                    1817(i), 1818(q), 1819(a)(Tenth), 1820(f),               as of November 12, 2015.
                                           such action is appropriate.                              1820(g), 1821(a), 1821(d), 1822(c).                         The Director of the Federal Register
                                                                                                                                                             approved the incorporation by reference
                                           C. Small Business Regulatory                             § 330.1        [Amended]                                 of a certain other publication listed in
                                           Enforcement Fairness Act                                     2. Remove and reserve § 330.1(s).
                                                                                                    ■                                                        this AD as of April 9, 2014 (79 FR
                                             The Office of Management and Budget                                                                             12368, March 5, 2014). We must receive
                                           has determined that the Final Rule is                    § 330.16        [Removed and Reserved]
                                                                                                                                                             comments on this AD by December 14,
                                           not a ‘‘major rule’’ within the meaning                  ■   3. Remove and reserve § 330.16.                      2015.
                                           of the relevant sections of the Small                                                                             ADDRESSES: You may send comments,
                                           Business Regulatory Enforcement Act of                   PART 370—[Removed and Reserved]
                                                                                                                                                             using the procedures found in 14 CFR
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                                           1996 (SBREFA).14 As required by law,                     ■   4. Remove and reserve part 370.                      11.43 and 11.45, by any of the following
                                           the FDIC will file the appropriate                                                                                methods:
                                                                                                     Dated at Washington, DC, this 22nd day of
                                             12 5                                                   October 2015.                                               • Federal eRulemaking Portal: Go to
                                                 U.S.C. 553(d)(3).
                                             13 12U.S.C. 3311.                                                                                               http://www.regulations.gov. Follow the
                                             14 Public Law 104–121 (Mar. 29, 1996), as                  15 Public   Law 96–354 (Sept. 19, 1980).             instructions for submitting comments.
                                           amended by Public Law 110–28 (May 25, 2007).                 16 5   U.S.C. 601(2).                                   • Fax: 202–493–2251.


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Document Created: 2018-02-27 08:57:41
Document Modified: 2018-02-27 08:57:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective Date: The final rule is effective October 28, 2015.
ContactSchuyler Livingston, Economic Analyst, Division of Insurance and Research (202) 898-6830 or [email protected]; Marc Steckel, Deputy Director, Division of Resolutions and Receiverships (571) 858-8224 or [email protected]; Lisa D. Arquette, Associate Director, Division of Risk Management Supervision (202) 898-8633 or [email protected]; or Gregory S. Feder, Counsel, Legal Division (202) 898-8724 or [email protected]
FR Citation80 FR 65919 
RIN Number3064-AE34
CFR Citation12 CFR 330
12 CFR 370
CFR AssociatedBank Deposit Insurance; Banks; Banking; Reporting and Recordkeeping Requirements; Savings and Loan Associations; Trusts and Trustees; Holding Companies; National Banks and Savings Associations

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