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repealed the statutory prohibition 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. 

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 

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. 

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 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E Airspace at Cocoa, FL, as 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 76, No. 73 / Friday, April 15, 2011 / Proposed Rules 21267 

the Merritt Island Non-Directional 

Beacon (NDB) has been 

decommissioned and new Standard 

Instrument Approach Procedures have 

been developed at Merritt Island 

Airport. This action would enhance the 

safety and airspace management of 

Instrument Flight Rules (IFR) operations 

at the airport. 

DATES: Comments must be received on 

or before May 31, 2011. 

ADDRESSES: Send comments on this rule 

to: U.S. Department of Transportation, 

Docket Operations, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Ave., SE., Washington, DC 

20590–0001; Telephone: 1–800–647– 

5527; Fax: 202–493–2251. You must 

identify the Docket Number FAA–2011– 

0070; Airspace Docket No. 10–ASO–43, 

at the beginning of your comments. You 

may also submit and review received 

comments through the Internet at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–6364. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested persons are invited to 

comment on this rule by submitting 

such written data, views, or arguments, 

as they may desire. Comments that 

provide the factual basis supporting the 

views and suggestions presented are 

particularly helpful in developing 

reasoned regulatory decisions on the 

proposal. Comments are specifically 

invited on the overall regulatory, 

aeronautical, economic, environmental, 

and energy-related aspects of the 

proposal. 

Communications should identify both 

docket numbers (FAA Docket No. FAA– 

2011–0070; Airspace Docket No. 10– 

ASO–43) and be submitted in triplicate 

to the Docket Management System (see 

ADDRESSES section for address and 

phone number). You may also submit 

comments through the Internet at 

http://www.regulations.gov. 

Annotators wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2011–0070; Airspace 

Docket No. 10–ASO–43.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

All communications received before 

the specified closing date for comments 

will be considered before taking action 

on the proposed rule. The proposal 

contained in this notice may be changed 

in light of the comments received. A 

report summarizing each substantive 

public contact with FAA personnel 

concerned with this rulemaking will be 

filed in the docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded from and 

comments submitted through http:// 

www.regulations.gov. Recently 

published rulemaking documents can 

also be accessed through the FAA’s web 

page at http://www.faa.gov/ 

airports_airtraffic/air_traffic/ 

publications/airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received and any final disposition in 

person in the Dockets Office (see the 

ADDRESSES section for address and 

phone number) between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal Holidays. An informal docket 

may also be examined during normal 

business hours at the office of the 

Eastern Service Center, Federal Aviation 

Administration, Room 210, 1701 

Columbia Avenue, College Park, Georgia 

30337. 

Persons interested in being placed on 

a mailing list for future NPRM’s should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, to request a copy of 

Advisory circular No. 11–2A, Notice of 

Proposed Rulemaking Distribution 

System, which describes the application 

procedure. 

The Proposal 

The FAA is considering an 

amendment to Title 14, Code of Federal 

Regulations (14 CFR) part 71 to amend 

Class E airspace extending upward from 

700 feet above the surface to support 

new standard instrument approach 

procedures developed at Merritt Island 

Airport, Cocoa, FL. Airspace 

reconfiguration is necessary due to the 

decommissioning of the Merritt Island 

NDB and cancellation of the NDB 

approach, and for continued safety and 

management of IFR operations at the 

airport. 

Class E airspace designations are 

published in Paragraph 6005 of FAA 

order 7400.9U, dated August 18, 2010, 

and effective September 15, 2010, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in the Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore, (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a Regulatory Evaluation 

as the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this 

proposed rule, when promulgated, 

would not have a significant economic 

impact on a substantial number of small 

entities under the criteria of the 

Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This proposed 

rulemaking is promulgated under the 

authority described in Subtitle VII, Part 

A, Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This proposed regulation is 

within the scope of that authority as it 

would amend Class E airspace at Merritt 

Island Airport, Cocoa, FL. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR Part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

1. The authority citation for Part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, effective 

September 15, 2010, is amended as 

follows: 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
21268 Federal Register / Vol. 76, No. 73 / Friday, April 15, 2011 / Proposed Rules 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ASO FL E5 Cocoa, FL [Amended] 

Merritt Island Airport, FL 

(Lat. 28°20′30′′ N., long. 80°41′08′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.3-mile 

radius of the Merritt Island Airport and 

within 2.5 miles each side of the 303° bearing 

from the Merritt Island Airport, extending 

from the 6.3-mile radius to 7 miles northwest 

of the airport; excluding that airspace within 

the Titusville, FL, and Melbourne, FL, Class 

E airspace areas. 

Issued in College Park, Georgia, on April 6, 

2011. 

Mark D. Ward, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2011–9223 Filed 4–14–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

Docket No. FAA–2010–0987; Airspace 

Docket No. 10–ANM–14 

Proposed Establishment of Class E 

Airspace; Lincoln, OR 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

establish Class E airspace at Lincoln, 

OR. Controlled airspace is necessary to 

accommodate aircraft using a new Area 

Navigation (RNAV) Global Positioning 

System (GPS) standard instrument 

approach procedures at Samaritan North 

Lincoln Hospital Heliport, Lincoln, OR. 

The FAA is proposing this action to 

enhance the safety and management of 

aircraft operations at the heliport. 

DATES: Comments must be received on 

or before May 31, 2011. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590; telephone (202) 

366–9826. You must identify FAA 

Docket No. FAA–2010–0987; Airspace 

Docket No. 10–ANM–14, at the 

beginning of your comments. You may 

also submit comments through the 

Internet at http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers (FAA Docket No. FAA 

2010–0987 and Airspace Docket No. 10– 

ANM–14) and be submitted in triplicate 

to the Docket Management System (see 

ADDRESSES section for address and 

phone number). You may also submit 

comments through the Internet at http://

www.regulations.gov. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2010–0987 and 

Airspace Docket No. 10–ANM–14’’. The 

postcard will be date/time stamped and 

returned to the commenter. 

All communications received on or 

before the specified closing date for 

comments will be considered before 

taking action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s web page at http://

www.faa.gov/airports_airtraffic/ 

air_traffic/publications/ 

airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office (see the 

ADDRESSES section for the address and 

phone number) between 9 a.m. and 

5 p.m., Monday through Friday, except 

federal holidays. An informal docket 

may also be examined during normal 

business hours at the Northwest 

Mountain Regional Office of the Federal 

Aviation Administration, Air Traffic 

Organization, Western Service Center, 

Operations Support Group, 1601 Lind 

Avenue, SW., Renton, WA 98057. 

Persons interested in being placed on 

a mailing list for future NPRMs should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) Part 71 to establish Class E 

airspace extending upward from 700 

feet or more above the surface at 

Samaritan North Lincoln Hospital 

Heliport, Lincoln, OR. Controlled 

airspace is necessary to accommodate 

aircraft using the new RNAV (GPS) 

standard instrument approach 

procedures at Samaritan North Lincoln 

Hospital Heliport. This action would 

enhance the safety and management of 

aircraft operations at Samaritan North 

Lincoln Hospital Heliport, Lincoln, OR. 

Class E airspace designations are 

published in paragraph 6005, of FAA 

Order 7400.9U, dated August 18, 2010, 

and effective September 15, 2010, which 

is incorporated by reference in 14 CFR 

Part 71.1. The Class E airspace 

designation listed in this document will 

be published subsequently in this 

Order. 

The FAA has determined this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. 

Therefore, this proposed regulation; (1) 

is not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified this proposed rule, when 

promulgated, would not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 


jlentini on DSKJ8SOYB1PROD with PROPOSALS