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20892

Proposed Rules

Federal Register
Vol. 76, No. 72
Thursday, April 14, 2011

This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.

FEDERAL RESERVE SYSTEM
12 CFR Parts 204, 217, and 230
[Regulations D, Q, and DD; Docket No. R–
1413]
RIN No. 7100–AD72

Prohibition Against Payment of
Interest on Demand Deposits
Board of Governors of the
Federal Reserve System.
ACTION: Notice of proposed rulemaking;
request for public comment.
AGENCY:

The Board is requesting
public comment on proposed
amendments that would repeal
Regulation Q, Prohibition Against
Payment of Interest on Demand
Deposits, effective July 21, 2011.
Regulation Q implements the statutory
prohibition against payment of interest
on demand deposits by institutions that
are member banks of the Federal
Reserve System set forth in Section 19(i)
of the Federal Reserve Act (‘‘Act’’).
Section 627 of the Dodd-Frank Wall
Street Reform and Consumer Protection
Act (‘‘Dodd-Frank Act’’) repeals Section
19(i) of the Federal Reserve Act effective
July 21, 2011. The proposed
amendments implement the Dodd-Frank
Act’s repeal of Section 19(i). The
proposed amendments would also
repeal the Board’s published
interpretation of Regulation Q. The
proposed amendments also remove
references to Regulation Q found in the
Board’s other regulations,
interpretations, and commentary.
DATES: Comments must be submitted by
May 16, 2011.
ADDRESSES: You may submit comments,
identified by Docket No. R–1413 and
RIN No. 7100–AD60, by any of the
following methods:
Agency Web site: http://
www.federalreserve.gov. Follow the
instructions for submitting comments at
http://www.federalreserve.gov/
generalinfo/foia/ProposedRegs.cfm.

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Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
E-mail:
regs.comments@federalreserve.gov.
Include the docket number in the
subject line of the message.
Fax: (202) 452–3819 or (202) 452–
3102.
Mail: Jennifer J. Johnson, Secretary,
Board of Governors of the Federal
Reserve System, 20th Street and
Constitution Avenue, NW., Washington,
DC 20551.
All public comments are available
from the Board’s Web site at http://
www.federalreserve.gov/generalinfo/
foia/ProposedRegs.cfm as submitted,
unless modified for technical reasons.
Accordingly, your comments will not be
edited to remove any identifying or
contact information.
Public comments may also be viewed
electronically or in paper in Room MP–
500 of the Board’s Martin Building (20th
and C Streets, NW.) between 9 a.m. and
5 p.m. on weekdays.
FOR FURTHER INFORMATION CONTACT:
Sophia H. Allison, Senior Counsel (202/
452–3565), Legal Division, or Joshua S.
Louria, Financial Analyst (202/263–
4885), Division of Monetary Affairs; for
users of Telecommunications Device for
the Deaf (TDD) only, contact (202/263–
4869); Board of Governors of the Federal
Reserve System, 20th and C Streets,
NW., Washington, DC 20551.
SUPPLEMENTARY INFORMATION:
I. Prohibition Against Payment of
Interest on Demand Deposits
Section 19(i) of the Federal Reserve
Act (‘‘Act’’) (12 U.S.C. 371a) generally
provides that no member bank ‘‘shall,
directly or indirectly, by any device
whatsoever, pay any interest on any
deposit which is payable on demand
* * *.’’ Section 19(i) was added to the
Act by Section 11 of the Banking Act of
1933 (48 Stat. 162, 181). Section 324 of
the Banking Act of 1935 (49 Stat. 684,
714) amended Section 19(a) of the Act
to authorize the Board, ‘‘for the purposes
of this section, to define the terms
‘‘demand deposits’’, ‘‘gross demand
deposits,’’ ‘‘deposits payable on
demand’’ [and] to determine what shall
be deemed to be a payment of interest,
and to prescribe such rules and
regulations as it may deem necessary to
effectuate the purposes of this section
and prevent evasions thereof * * *.’’

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The Board promulgated Regulation Q
on August 29, 1933 to implement
Section 19(i) of the Act. In the past,
Regulation Q also contained provisions
implementing then-current statutory
provisions regulating the rates of
interest payable on various types of
interest-bearing deposits. The
Depository Institutions Deregulation Act
of 1982 phased out these statutory
interest rate limitations effective in
March 1986. After that time, Regulation
Q consisted primarily or exclusively of
provisions related to implementing
Section 19(i)’s prohibition of the
payment of interest on demand deposits
by member banks.
Section 627 of the Dodd-Frank Act
repeals Section 19(i) of the Act in its
entirety, effective one year from the date
of enactment. Accordingly, the Board
will no longer have statutory authority
to promulgate Regulation Q effective
July 21, 2011. The Board therefore
proposes to repeal Regulation Q,
effective July 21, 2011. For the same
reason, the Board proposes to repeal its
published interpretation of Regulation Q
currently set forth at 12 CFR 217.101
(Premiums on deposits). The Board is
proposing a conforming technical
amendment to section 204.10 of
Regulation D, 12 CFR part 204, to
eliminate references to Regulation Q.
The Board is also proposing conforming
technical amendments to the official
staff commentary to Regulation DD, 12
CFR part 230. Specifically, comments
230.2(n)–1 and 230.7(a)(1)–5 would be
revised to eliminate references to the
definition of ‘‘interest’’ in Regulation Q.
The Dodd-Frank Act did not repeal
the Board’s authority under Section
19(a) of the Act to ‘‘determine what shall
be deemed to be a payment of interest.’’
The Board believes, however, that the
primary reason for this authority was to
enforce Section 19(i)’s prohibition of the
payment of interest on demand
deposits. Accordingly, the Board
believes that there will be no reason to
retain the definition of ‘‘interest’’ in
Regulation Q following the repeal of
Section 19(i). The Board recognizes that
there may be other laws or regulations
that currently refer to Regulation Q or
that incorporate the definition of
‘‘interest’’ currently set forth in Section
217.2(d) of Regulation Q. The Board
believes, however, that such other laws
and regulations can substantively
incorporate the Regulation Q definition

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20893

Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Proposed Rules
of ‘‘interest’’ at any time if necessary, or
can delete references to Regulation Q
that will be obsolete after July 21, 2011.
Accordingly, the Board does not
propose retaining the definition of
‘‘interest’’ currently set forth in
Regulation Q.
The Board seeks comments on all
aspects of the proposal. In addition, the
Board specifically seeks comments on
the following:
1. Does the repeal of Regulation Q
have significant implications for the
balance sheets and income of depository
institutions? What are the anticipated
effects on bank profits, on the allocation
of deposit liabilities among product
offerings, and on the rates offered and
fees assessed on demand deposits,
sweep accounts, and compensating
balance arrangements?
2. Does the repeal of Regulation Q
have any implications for short-term
funding markets such as the overnight
federal funds market and Eurodollar
markets, or for institutions such as
institution-only money market mutual
funds that are active investors in shortterm funding markets?
3. Is the repeal of Regulation Q likely
to result in strong demand for interestbearing demand deposits?
4. Does the repeal of Regulation Q
have any implications for competitive
burden on smaller depository
institutions?
II. Form of Comment Letters
Comment letters should refer to
Docket No. R–1413 and RIN No. 7100–
AD70 and, when possible, should use a
standard typeface with a font size of 10
or 12; this will enable the Board to
convert text submitted in paper form to
machine-readable form through
electronic scanning, and will facilitate
automated retrieval of comments for
review. Comments may be mailed
electronically to
regs.comments@federalreserve.gov.

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III. Initial Regulatory Flexibility
Analysis

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PART 204—RESERVE
REQUIREMENTS OF DEPOSITORY
INSTITUTIONS
1.The authority citation for part 204 is
amended to read as follows:
Authority: 12 U.S.C. 248(a), 248(c), 461,
601, 611, and 3105.

2. In § 204.10—Payment of interest on
balances, paragraph (c) is revised to
read as follows:
§ 204.10

In accordance with the Paperwork
Reduction Act (PRA) of 1995 (44 U.S.C.
3506; 5 CFR Part 1320 Appendix A.1),
the Board reviewed the proposed rule
under the authority delegated to the
Board by the Office of Management and
Budget (OMB). The proposed rule
contains no requirements subject to the
PRA.
List of Subjects
12 CFR Part 204
Banks, banking, Reporting and
recordkeeping requirements.

Banks, banking, Reporting and
recordkeeping requirements.
12 CFR Part 230
Advertising, Banks, Banking,
Consumer protection, Reporting and
recordkeeping requirements, Truth in
savings.
For the reasons set forth in the
preamble, under the authority of section
627 of Public Law 111–203, 124 Stat.
1376 (July 21, 2010), the Board is
proposing to amend 12 CFR parts 204,
217, and 230 to read as follows:

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Payment of interest on balances.

*

*
*
*
*
(c) Pass-through balances. A passthrough correspondent that is an eligible
institution may pass back to its
respondent interest paid on balances
held on behalf of that respondent. In the
case of balances held by a pass-through
correspondent that is not an eligible
institution, a Reserve Bank shall pay
interest only on the required reserve
balances held on behalf of one or more
respondents, and the correspondent
shall pass back to its respondents
interest paid on balances in the
correspondent’s account.
*
*
*
*
*
PART 217—PROHIBITION AGAINST
PAYMENT OF INTEREST ON DEMAND
DEPOSITS (REGULATION Q)

IV. Paperwork Reduction Act Analysis

12 CFR Part 217

In accordance with Section 3(a) of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq. (RFA), the Board has reviewed
the proposed amendments to Regulation
Q. A final regulatory flexibility analysis
will be conducted after consideration of
comments received during the public
comment period.
1. Statement of the objectives of the
proposal. The Board is proposing to
repeal Regulation Q, which implements
the statutory prohibition set forth in
Section 19(i) of the Act, effective July
21, 2011. The proposed repeal
implements Section 627 of the Dodd-

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Frank Act, which repeals Section 19(i)
of the Act effective July 21, 2011.
2. Small entities affected by the
proposal. The proposal would affect all
member banks of the Federal Reserve
System, regardless of size, that hold
demand deposits. The proposal would
permit, but not require, member banks
to pay interest on demand deposits
maintained at those institutions. As
such, the Board expects that the
proposal would have a positive impact
on such entities because it would
eliminate an obsolete regulatory
provision and because member banks
are not obligated to offer interest-bearing
demand deposits following the repeal of
Regulation Q. The Board is requesting
comment on whether the repeal of
Regulation Q has any implications for
competitive burden on smaller member
banks.
3. Other federal rules. The Board
believes that no federal rules duplicate,
overlap, or conflict with the proposed
amendments to Regulation Q.
4. Significant alternatives to the
proposed revisions. The Board
welcomes comment on any significant
alternatives that would minimize the
impact of the proposal on small entities.

3. Part 217 is removed and reserved.
PART 230—TRUTH IN SAVINGS
(REGULATION DD)
Supplement I to Part 230—Official Staff
Interpretations
4. The authority citation for part 230
continues to read as follows:
Authority: 12 U.S.C. 4301 et seq.

5. In Supplement I to Part 230:
A. Under Section 230.2—Definitions,
paragraph (n) Interest, is revised.
B. Under Section 230.7—Payment of
interest, subsection (a)(1) Permissible
methods, paragraph(5) is revised.
The revisions read as follows:
Supplement I to Part 230—Official Staff
Interpretations
Section 230.2 Definitions
(n) Interest
1. Relation to bonuses. Bonuses are not
interest for purposes of this regulation.

*

*

*

*

*

Section 230.7 Payment of interest
(a)(1) Permissible methods

*

*

*

*

*

5. Maturity of time accounts. Institutions
are not required to pay interest after time
accounts mature. Examples include:

*

*

*

*

*

By order of the Board of Governors of the
Federal Reserve System, acting through the

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20894

Federal Register / Vol. 76, No. 72 / Thursday, April 14, 2011 / Proposed Rules

Secretary under delegated authority, April 8,
2011.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 2011–9002 Filed 4–13–11; 8:45 am]
BILLING CODE 6210–01–P

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2011–0360; Directorate
Identifier 2010–CE–061–AD]
RIN 2120–AA64

Airworthiness Directives; Univair
Aircraft Corporation Models (ERCO)
415–C, 415–CD, 415–D, E, G; (Forney)
F–1 and F–1A; (Alon) A–2 and A2–A;
and (Mooney) M10 Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:

We propose to supersede an
existing airworthiness directive (AD)
that applies to Univair Aircraft
Corporation Models (ERCO) 415–C,
415–CD, 415–D, E, G; (Forney) F–1 and
F–1A; (Alon) A–2 and A2–A; and
(Mooney) M10 Airplanes. The existing
AD currently requires an inspection of
the aileron balance assembly and
ailerons for cracks and excessive
looseness of associated parts with the
required repair or replacement of
defective parts as necessary. Since we
issued that AD, we received a report of
a Univair Aircraft Corporation Model
ERCO 415–D Ercoupe that crashed after
an in-flight breakup due to possible
aileron flutter. This proposed AD would
add airplanes to the Applicability
section and require inspections of the
ailerons, inspections of the aileron
balance assembly and aileron rigging for
looseness or wear with a required repair
or replacement of parts as necessary,
and a reporting of the inspection results.
We are issuing this proposed AD to
prevent failure of the aileron assembly
and associated parts, which could result
in loss of control.
DATES: We must receive comments on
this proposed AD by May 31, 2011.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
http://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–

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30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this AD, contact Univair Aircraft
Corporation, 2500 Himalaya Road,
Aurora, Colorado 80011; telephone:
303–375–8882, fax: 303 375–8888;
Internet: http://univairparts.com. You
may review copies of the referenced
service information at the FAA, Small
Airplane Directorate, 901 Locust,
Kansas City, Missouri 64106. For
information on the availability of this
material at the FAA, call 816–329–4148.
Examining the AD Docket
You may examine the AD docket on
the Internet at http://
www.regulations.gov; or in person at the
Docket Management Facility between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Office
(phone: 800–647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
Roger Caldwell, Aerospace Engineer,
FAA, Denver Aircraft Certification
Office, 26805 East 68th Ave., Room 214,
Denver, Colorado 80249–6361;
telephone: (303) 342–1086; fax: (303)
342–1088; e-mail:
roger.caldwell@faa.gov.
SUPPLEMENTARY INFORMATION:

Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2011–0360; Directorate Identifier
2010–CE–061–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD because of those
comments.
We will post all comments we
receive, without change, to http://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.

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Discussion
We issued AD 52–02–02 (21 FR 9447,
December 4, 1956) for Ercoupe Model
415 Series and Models E and G
Airplanes. That AD requires an initial
and repetitive inspection of the aileron
balance assembly, including the aileron
hinges, screws and control system, the
ailerons for cracks in support structure
and skin, and the repair or replacement
of damaged parts. That AD resulted
from several Ercoupe accidents. We
issued that AD as a precautionary
measure.
Actions Since Existing AD Was Issued
Since we issued AD 52–02–02, we
received a report of a Univair Aircraft
Corporation Model ERCO 415–D
Ercoupe that crashed after an in-flight
breakup. Witnesses of the accident
noted that while the airplane was
banking both ailerons were ‘‘fluttering’’
at a high frequency, and as the bank
angle of the airplane increased to almost
90 degrees, the left wing of the airplane
‘‘folded back’’ and separated from the
fuselage. We have received nine other
documented cases of structural failures
of the wing and associated components
of the airframe.
There are several Univair airplane
models that have similar type design to
that of above-referenced incidents, are
not part of the compliance of AD 52–02–
02, and should be subjected to the
requirements of AD 52–02–02.
Relevant Service Information
We reviewed Ercoupe Service
Memorandum Nos. 35, 56, and 57 (all
not dated). The Ercoupe Service
Memorandum No. 35 describes
procedures for use in rigging or making
adjustments to the rigging. The Ercoupe
Service Memorandum No. 56 describes
procedures for the inspection of control
surfaces for cracks and excessive play
and checking controls for excessive
movement. The Ercoupe Service
Memorandum No. 57 describes
procedures for aileron balance weight
inspection and removal.
FAA’s Determination
We are proposing this AD because we
evaluated all the relevant information
and determined the unsafe condition
described previously is likely to exist or
develop in other products of the same
type design.
Proposed AD Requirements
This proposed AD would add
airplanes to the Applicability section of
AD 52–02–02 and require inspections of
the ailerons, add airplanes to the
Applicability section, add repetitive
inspections of the aileron bell crank and

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