68856 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Notices 

installation and thus provide 

accessibility and visibility of the full 

TIN on the outside sidewall: 

Pirelli’s internal policy allows dealers to 

sell these asymmetric tires only in pairs or 

in groups of four. As a result, these 

replacement tires are installed either on both 

sides of the rear axle or on all four locations. 

The odds of even one tire being mounted 

incorrectly are extremely remote, and the 

odds of two or four tires being mounted the 

wrong way are even more remote. 

All subject tires are either Pzero Nero M+S 

or Scorpion Zero Asimmetrico. Both product 

families are ultra high performance tires; 

their asymmetric tread design is one of the 

main features sought by consumers for the 

following reasons: Precision handling in all 

conditions; full and compact external 

shoulder blocks for increased safety and dry 

handling performance; and inner shoulders 

designed to maximize traction with deeper 

and more regular cuts. These benefits are 

obtained only if the tires are mounted with 

the outer sidewall pointing to the outside of 

the vehicle. Having paid a substantial price 

to obtain these performance characteristics, 

the customers seek to ensure that their tires 

are installed correctly. 

Pirelli’s product literature and training 

procedures reinforce the message on proper 

mounting. 

Pirelli provides extensive training to its 

authorized dealers, and that training focuses 

specifically on the need to mount asymmetric 

tires in the correct way. 

A second TIN number (on the inboard side 

of the tire) is not necessary either to ensure 

traceability or to allow consumers to operate 

their vehicles safely. 

Pirelli has not received a single complaint 

from any consumer, dealer, law enforcement 

agency, or other source that indicated any 

difficulty or problem in finding the full TIN, 

including the date code on its asymmetrical 

tires. 

Pirelli collects and tracks data on warranty 

claims for all of tires, including the tires at 

issue here. The warranty data confirm that 

these tires have performed extremely well in 

the field. The number of claims is very small, 

and there have been no claims involving 

property damage. 

In summation, for the reasons stated 

above, Pirelli believes that the described 

noncompliance concerning the tire 

labeling requirements of paragraphs 

S5.5 and S7.3 of FMVSS No. 139 is 

inconsequential and does not present a 

risk to motor vehicle safety. Thus, 

Pirelli requests that its petition, to 

exempt it from providing recall 

notification of noncompliance as 

required by 49 U.S.C. 30118 and 

remedying the recall noncompliance as 

required by 49 U.S.C. 30120, should be 

granted. In the supplement to its 

petition Pirelli additionally requested 

that if NHTSA decides that a complete 

exemption should not be granted, that at 

a minimum, NHTSA exempt the 

company from standard remedy 

requirements. Rather than replacing all 

tires subject to any such recall, Pirelli 

suggests that it would instead issue 

recall notices to all end users who can 

be located. Pirelli then would have its 

dealers inspect the tires. If the tires are 

properly mounted, with the TINs facing 

the outside of the vehicle, the tires 

would be left on the vehicle. If any tires 

were found to be mounted with the 

outer sidewalls facing inward (which is 

extremely unlikely), the tires would be 

remounted in the appropriate way. 

NHTSA notes that the statutory 

provisions (49 U.S.C. 30118(d) and 

30120(h)) that permit manufacturers to 

file petitions for a determination of 

inconsequentiality allow NHTSA to 

exempt manufacturers only from the 

duties found in sections 30118 and 

30120, respectively, to notify owners, 

purchasers, and dealers of a defect or 

noncompliance and to remedy the 

defect or noncompliance. 

Interested persons are invited to 

submit written data, views, and 

arguments on this petition. Comments 

must refer to the docket and notice 

number cited at the beginning of this 

notice and be submitted by any of the 

following methods: 

a. By mail addressed to: U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

b. By hand delivery to: U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. The Docket Section is open 

on weekdays from 10 am to 5 pm except 

Federal Holidays. 

c. Electronically: by logging onto the 

Federal Docket Management System 

(FDMS) Web site at http:// 

www.regulations.gov/. Follow the online 

instructions for submitting comments. 

Comments may also be faxed to 1–202– 

493–2251. 

Comments must be written in the 

English language, and be no greater than 

15 pages in length, although there is no 

limit to the length of necessary 

attachments to the comments. If 

comments are submitted in hard copy 

form, please ensure that two copies are 

provided. If you wish to receive 

confirmation that your comments were 

received, please enclose a stamped, selfaddressed postcard with the comments. 

Note that all comments received will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

Documents submitted to a docket may 

be viewed by anyone at the address and 

times given above. The documents may 

also be viewed on the Internet at http:// 

www.regulations.gov by following the 

online instructions for accessing the 

dockets. DOT’s complete Privacy Act 

Statement is available for review in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78). 

The petition, supporting materials, 

and all comments received before the 

close of business on the closing date 

indicated below will be filed and will be 

considered. All comments and 

supporting materials received after the 

closing date will also be filed and will 

be considered to the extent possible. 

When the petition is granted or denied, 

notice of the decision will be published 

in the Federal Register pursuant to the 

authority indicated below. 

Dates: Comment closing date: 

December 9, 2010. 

Authority: 49 U.S.C. 30118, 30120: 

delegations of authority at CFR 1.50 and 

501.8. 

Issued on: November 3, 2010. 

Claude H. Harris, 

Director, Office of Vehicle Safety Compliance. 

[FR Doc. 2010–28195 Filed 11–8–10; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

FEDERAL RESERVE SYSTEM 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

DEPARTMENT OF THE TREASURY 

Office of Thrift Supervision 

Agency Information Collection 

Activities: Submission for OMB 

Review; Joint Comment Request 

AGENCY: Office of the Comptroller of the 

Currency (OCC), Treasury; Board of 

Governors of the Federal Reserve 

System (Board); Federal Deposit 

Insurance Corporation (FDIC); and 

Office of Thrift Supervision (OTS), 

Treasury. 

ACTION: Notice of information collection 

to be submitted to OMB for review and 

approval under the Paperwork 

Reduction Act of 1995. 

SUMMARY: In accordance with the 

requirements of the Paperwork 

Reduction Act (PRA) of 1995 (44 U.S.C. 

chapter 35), the OCC, the Board, the 

FDIC, and the OTS (the ‘‘agencies’’) may 

not conduct or sponsor, and the 

respondent is not required to respond 

to, an information collection unless it 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Notices 68857 

displays a currently valid Office of 

Management and Budget (OMB) control 

number. On September 3, 2010, the 

agencies, under the auspices of the 

Federal Financial Institutions 

Examination Council (FFIEC), requested 

public comment for 60 days on a 

proposal to revise the Consolidated 

Reports of Condition and Income (Call 

Report) for banks, the Thrift Financial 

Report (TFR) for savings associations, 

the Report of Assets and Liabilities of 

U.S. Branches and Agencies of Foreign 

Banks (FFIEC 002), and the Report of 

Assets and Liabilities of a Non-U.S. 

Branch that is Managed or Controlled by 

a U.S. Branch or Agency of a Foreign 

(Non-U.S.) Bank (FFIEC 002S), all of 

which are currently approved 

collections of information. No 

comments were received on the 

proposal. The FFIEC and the agencies 

will implement the revisions to the 

reports as proposed. 

DATES: Comments must be submitted on 

or before December 9, 2010. 

ADDRESSES: Interested parties are 

invited to submit written comments to 

any or all of the agencies. All comments, 

which should refer to the OMB control 

number(s), will be shared among the 

agencies. 

OCC: You should direct all written 

comments to: Communications 

Division, Office of the Comptroller of 

the Currency, Mailstop 2–3, Attention: 

1557–0081, 250 E Street, SW., 

Washington, DC 20219. In addition, 

comments may be sent by fax to (202) 

874–5274, or by electronic mail to 

regs.comments@occ.treas.gov. You may 

personally inspect and photocopy 

comments at the OCC, 250 E Street, 

SW., Washington, DC 20219. For 

security reasons, the OCC requires that 

visitors make an appointment to inspect 

comments. You may do so by calling 

(202) 874–4700. Upon arrival, visitors 

will be required to present valid 

government-issued photo identification 

and to submit to security screening in 

order to inspect and photocopy 

comments. 

Board: You may submit comments, 

which should refer to ‘‘Consolidated 

Reports of Condition and Income (FFIEC 

031 and 041)’’ or ‘‘Report of Assets and 

Liabilities of U.S. Branches and 

Agencies of Foreign Banks (FFIEC 002) 

and Report of Assets and Liabilities of 

a Non-U.S. Branch that is Managed or 

Controlled by a U.S. Branch or Agency 

of a Foreign (Non-U.S.) Bank (FFIEC 

002S),’’ by any of the following methods: 

• Agency Web Site: http:// 

www.federalreserve.gov. Follow the 

instructions for submitting comments 

on the http://www.federalreserve.gov/ 

generalinfo/foia/ProposedRegs.cfm. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: 

regs.comments@federalreserve.gov. 

Include reporting form 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. 

FDIC: You may submit comments, 

which should refer to ‘‘Consolidated 

Reports of Condition and Income, 3064– 

0052,’’ by any of the following methods: 

• Agency Web Site: http:// 

www.fdic.gov/regulations/laws/federal/ 

propose.html. Follow the instructions 

for submitting comments on the FDIC 

Web site. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: comments@FDIC.gov. 

Include ‘‘Consolidated Reports of 

Condition and Income, 3064–0052’’ in 

the subject line of the message. 

• Mail: Gary A. Kuiper, (202) 898– 

3877, Counsel, Attn: Comments, Room 

F–1072, Federal Deposit Insurance 

Corporation, 550 17th Street, NW., 

Washington, DC 20429. 

• Hand Delivery: Comments may be 

hand delivered to the guard station at 

the rear of the 550 17th Street Building 

(located on F Street) on business days 

between 7 a.m. and 5 p.m. 

Public Inspection: All comments 

received will be posted without change 

to http://www.fdic.gov/regulations/laws/ 

federal/propose.html including any 

personal information provided. 

Comments may be inspected at the FDIC 

Public Information Center, Room E– 

1002, 3501 Fairfax Drive, Arlington, VA 

22226, between 9 a.m. and 5 p.m. on 

business days. 

OTS: You may submit comments, 

identified by ‘‘1550–0023 (TFR: 

Schedule DI Revisions),’’ by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail address: 

infocollection.comments@ots.treas.gov. 

Please include ‘‘1550–0023 (TFR: 

Schedule DI Revisions)’’ in the subject 

line of the message and include your 

name and telephone number in the 

message. 

• Fax: (202) 906–6518. 

• Mail: Information Collection 

Comments, Chief Counsel’s Office, 

Office of Thrift Supervision, 1700 G 

Street, NW., Washington, DC 20552, 

Attention: ‘‘1550–0023 (TFR: Schedule 

DI Revisions).’’ 

• Hand Delivery/Courier: Guard’s 

Desk, East Lobby Entrance, 1700 G 

Street, NW., from 9 a.m. to 4 p.m. on 

business days, Attention: Information 

Collection Comments, Chief Counsel’s 

Office, Attention: ‘‘1550–0023 (TFR: 

Schedule DI Revisions).’’ 

Instructions: All submissions received 

must include the agency name and OMB 

Control Number for this information 

collection. All comments received will 

be posted without change to the OTS 

Internet site at http://www.ots.treas.gov/ 

pagehtml.cfm?catNumber=67&an=1, 

including any personal information 

provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.ots.treas.gov/ 

pagehtml.cfm?catNumber=67&an=1. 

In addition, you may inspect 

comments at the Public Reading Room, 

1700 G Street, NW., by appointment. To 

make an appointment for access, call 

(202) 906–5922, send an e-mail to 

public.info@ots.treas.gov, or send a 

facsimile transmission to (202) 906– 

7755. (Prior notice identifying the 

materials you will be requesting will 

assist us in serving you.) We schedule 

appointments on business days between 

10 a.m. and 4 p.m. In most cases, 

appointments will be available the next 

business day following the date we 

receive a request. 

Additionally, commenters may send a 

copy of their comments to the OMB 

desk officer for the agencies by mail to 

the Office of Information and Regulatory 

Affairs, U.S. Office of Management and 

Budget, New Executive Office Building, 

Room 10235, 725 17th Street, NW., 

Washington, DC 20503, or by fax to 

(202) 395–6974. 

FOR FURTHER INFORMATION CONTACT: For 

further information about the revisions 

discussed in this notice, please contact 

any of the agency clearance officers 

whose names appear below. In addition, 

copies of the Call Report, FFIEC 002, 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
68858 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Notices 

1 75 FR 60497 (September 30, 2010). 

and FFIEC 002S forms can be obtained 

at the FFIEC’s Web site (http:// 

www.ffiec.gov/ffiec_report_forms.htm). 

Copies of the TFR can be obtained from 

the OTS’s Web site (http:// 

www.ots.treas.gov/ 

main.cfm?catNumber=2&catParent=0). 

OCC: Mary H. Gottlieb, OCC 

Clearance Officer, (202) 874–5090, 

Legislative and Regulatory Activities 

Division, Office of the Comptroller of 

the Currency, 250 E Street, SW., 

Washington, DC 20219. 

Board: Cynthia Ayouch, Acting 

Federal Reserve Board Clearance 

Officer, (202) 452–3829, Division of 

Research and Statistics, Board of 

Governors of the Federal Reserve 

System, 20th and C Streets, NW., 

Washington, DC 20551. 

Telecommunications Device for the Deaf 

(TDD) users may call (202) 263–4869. 

FDIC: Gary A. Kuiper, Counsel, (202) 

898–3877, Legal Division, Federal 

Deposit Insurance Corporation, 550 17th 

Street, NW., Washington, DC 20429. 

OTS: Ira L. Mills, OTS Clearance 

Officer, at Ira.Mills@ots.treas.gov, (202) 

906–6531, or facsimile number (202) 

906–6518, Regulations and Legislation 

Division, Chief Counsel’s Office, Office 

of Thrift Supervision, 1700 G Street, 

NW., Washington, DC 20552. 

SUPPLEMENTARY INFORMATION: The 

agencies are proposing to revise the Call 

Report, the TFR, the FFIEC 002, and the 

FFIEC 002S, which are currently 

approved collections of information. 

1. Report Title: Consolidated Reports 

of Condition and Income (Call Report). 

Form Number: Call Report: FFIEC 031 

(for banks with domestic and foreign 

offices) and FFIEC 041 (for banks with 

domestic offices only). 

Frequency of Response: Quarterly. 

Affected Public: Business or other forprofit. 

OCC 

OMB Number: 1557–0081. 

Estimated Number of Respondents: 

1,494 national banks. 

Estimated Time per Response: 50.15 

burden hours. 

Estimated Total Annual Burden: 

299,696 burden hours. 

Board 

OMB Number: 7100–0036. 

Estimated Number of Respondents: 

841 State member banks. 

Estimated Time per Response: 55.54 

burden hours. 

Estimated Total Annual Burden: 

186,837 burden hours. 

FDIC 

OMB Number: 3064–0052. 

Estimated Number of Respondents: 

4,800 insured State nonmember banks. 

Estimated Time per Response: 40.18 

burden hours. 

Estimated Total Annual Burden: 

771,456 burden hours. 

The estimated time per response for 

the Call Report is an average that varies 

by agency because of differences in the 

composition of the institutions under 

each agency’s supervision (e.g., size 

distribution of institutions, types of 

activities in which they are engaged, 

and existence of foreign offices). The 

average reporting burden for the Call 

Report is estimated to range from 16 to 

655 hours per quarter, depending on an 

individual institution’s circumstances 

and without considering proposed 

revisions to the Call Report that the 

OCC, the Board, and the FDIC have 

separately proposed to implement in 

March 2011.1

2. Report Title: Thrift Financial 

Report (TFR). 

Form Number: OTS 1313 (for savings 

associations). 

Frequency of Response: Quarterly; 

Annually. 

Affected Public: Business or other forprofit. 

OTS 

OMB Number: 1550–0023. 

Estimated Number of Respondents: 

753 savings associations. 

Estimated Time per Response: 37.5 

burden hours. 

Estimated Total Annual Burden: 

179,676 burden hours. 

3. Report Titles: Report of Assets and 

Liabilities of U.S. Branches and 

Agencies of Foreign Banks; Report of 

Assets and Liabilities of a Non-U.S. 

Branch that is Managed or Controlled by 

a U.S. Branch or Agency of a Foreign 

(Non-U.S.) Bank. 

Form Numbers: FFIEC 002; FFIEC 

002S. 

Board 

OMB Number: 7100–0032. 

Frequency of Response: Quarterly. 

Affected Public: U.S. branches and 

agencies of foreign banks. 

Estimated Number of Respondents: 

FFIEC 002–240; FFIEC 002S–60. 

Estimated Time per Response: FFIEC 

002–25.07 hours; FFIEC 002S–6 hours. 

Estimated Total Annual Burden: 

FFIEC 002–24,067 hours; FFIEC 002S– 

1,440 hours. 

General Description of Reports 

These information collections are 

mandatory: 12 U.S.C. 161 (for national 

banks), 12 U.S.C. 324 (for State member 

banks), 12 U.S.C. 1817 (for insured State 

nonmember commercial and savings 

banks), 12 U.S.C. 1464 (for savings 

associations), and 12 U.S.C. 3105(c)(2), 

1817(a), and 3102(b) (for U.S. branches 

and agencies of foreign banks). Except 

for selected data items, the Call Report, 

the TFR, and the FFIEC 002 are not 

given confidential treatment. The FFIEC 

002S is given confidential treatment [5 

U.S.C. 552(b)(4)]. 

Abstracts 

Call Report and TFR: Institutions 

submit Call Report and TFR data to the 

agencies each quarter for the agencies’ 

use in monitoring the condition, 

performance, and risk profile of 

individual institutions and the industry 

as a whole. Call Report and TFR data 

provide the most current statistical data 

available for evaluating institutions’ 

corporate applications, for identifying 

areas of focus for both on-site and offsite examinations, and for monetary and 

other public policy purposes. The 

agencies use Call Report and TFR data 

in evaluating interstate merger and 

acquisition applications to determine, as 

required by law, whether the resulting 

institution would control more than ten 

percent of the total amount of deposits 

of insured depository institutions in the 

United States. Call Report and TFR data 

are also used to calculate all 

institutions’ deposit insurance and 

Financing Corporation assessments, 

national banks’ semiannual assessment 

fees, and the OTS’s assessments on 

savings associations. 

FFIEC 002 and FFIEC 002S: On a 

quarterly basis, all U.S. branches and 

agencies of foreign banks are required to 

file the FFIEC 002, which is a detailed 

report of condition with a variety of 

supporting schedules. This information 

is used to fulfill the supervisory and 

regulatory requirements of the 

International Banking Act of 1978. The 

data are also used to augment the bank 

credit, loan, and deposit information 

needed for monetary policy and other 

public policy purposes. The FFIEC 002S 

is a supplement to the FFIEC 002 that 

collects information on assets and 

liabilities of any non-U.S. branch that is 

managed or controlled by a U.S. branch 

or agency of the foreign bank. Managed 

or controlled means that a majority of 

the responsibility for business decisions 

(including, but not limited to, decisions 

with regard to lending or asset 

management or funding or liability 

management) or the responsibility for 

recordkeeping in respect of assets or 

liabilities for that foreign branch resides 

at the U.S. branch or agency. A separate 

FFIEC 002S must be completed for each 

managed or controlled non-U.S. branch. 

The FFIEC 002S must be filed quarterly 

along with the U.S. branch or agency’s 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Notices 68859 

2To administer the TLGP, the FDIC Board 

approved an interim rule on October 23, 2008, an 

amendment to the interim rule on November 4, 

2008, and a final rule on November 21, 2008. See 

73 FR 64179 (October 29, 2008), 73 FR 66160 

(November 7, 2008), and 73 FR 72244 (November 

26, 2008), respectively. 

3See 74 FR 45093 (September 1, 2009), 75 FR 

20257 (April 19, 2010), and 75 FR 36506 (June 28, 

2010). 

4As defined in Section 343, a ‘‘noninterestbearing transaction account’’ is an account ‘‘(I) with 

respect to which interest is neither accrued nor 

paid; (II) on which the depositor or account holder 

is permitted to make withdrawals by negotiable or 

transferable instrument, payment orders of 

withdrawal, telephone or other electronic media 

transfers, or other similar items for the purpose of 

making payments or transfers to third parties or 

others; and (III) on which the insured depository 

institution does not reserve the right to require 

advance notice of an intended withdrawal.’’ In 

contrast, under the FDIC’s TAG program, the term 

‘‘noninterest-bearing transaction account’’ includes 

not only those accounts within the scope of Section 

343 but also accounts commonly known as Interest 

on Lawyers Trust Accounts (or functionally 

equivalent accounts) and negotiable order of 

withdrawal accounts with interest rates no higher 

than 0.25 percent for which the institution at which 

the account is held has committed to maintain the 

interest rate at or below 0.25 percent. 

5 75 FR 54227 (September 3, 2010). 

6The Deposit Insurance Fund’s reserve ratio is 

the fund’s balance divided by estimated insured 

deposits. 7 75 FR 54227 (September 3, 2010). 

FFIEC 002. The data from both reports 

are used for: (1) Monitoring deposit and 

credit transactions of U.S. residents; (2) 

monitoring the impact of policy 

changes; (3) analyzing structural issues 

concerning foreign bank activity in U.S. 

markets; (4) understanding flows of 

banking funds and indebtedness of 

developing countries in connection with 

data collected by the International 

Monetary Fund and the Bank for 

International Settlements that are used 

in economic analysis; and (5) assisting 

in the supervision of U.S. offices of 

foreign banks. The Federal Reserve 

System collects and processes these 

reports on behalf of the OCC, the Board, 

and the FDIC. 

Current Actions 

The agencies are proposing to add two 

items to the schedules in the Call 

Report, the TFR, and the FFIEC 002 for 

collecting data related to deposit 

insurance assessments and to revise the 

instructions for an existing item in these 

schedules effective December 31, 2010. 

These changes respond to amendments 

made to the Federal Deposit Insurance 

Act (FDI Act) by Section 343 of the 

Dodd-Frank Wall Street Reform and 

Consumer Protection Act (Dodd-Frank 

Act) (Pub. L. 111–203, July 21, 2010) 

pertaining to the insurance of 

transaction accounts. 

In October 2008, the FDIC Board of 

Directors adopted the Transaction 

Account Guarantee (TAG) program as 

one of two components of a Temporary 

Liquidity Guarantee Program (TLGP).2

Under the TAG program the FDIC 

guarantees all funds held at 

participating insured depository 

institutions (beyond the maximum 

deposit insurance limit) in qualifying 

noninterest-bearing transaction 

accounts, which include certain 

interest-bearing NOW accounts. 

Originally set to expire on December 31, 

2009, the TAG program has since been 

extended, with certain modifications, 

through December 31, 2010, with the 

possibility of an additional 12-month 

extension, through December 31, 2011.3

Section 343 of the Dodd-Frank Act 

amends the FDI Act with respect to the 

insurance coverage of noninterestbearing transaction accounts. These 

amendments take effect December 31, 

2010, and require the FDIC to ‘‘fully 

insure the net amount that any 

depositor at an insured depository 

institution maintains in a noninterestbearing transaction account,’’ thereby in 

effect replacing the FDIC’s TAG 

program. Section 343 includes a 

definition of ‘‘noninterest-bearing 

transaction account’’ that differs from 

the definition of this term in the FDIC’s 

TAG program regulations.4 In addition, 

the unlimited insurance coverage of 

these accounts applies to all insured 

depository institutions, not just those 

institutions that elected to obtain 

insurance coverage for noninterestbearing transaction accounts through 

the FDIC’s TAG program. Under Section 

343, the unlimited insurance coverage 

of noninterest-bearing transaction 

accounts would be in effect through 

December 31, 2012. 

As a result of this statutory change in 

deposit insurance coverage for 

noninterest-bearing transaction 

accounts, the agencies requested 

comment on September 3, 2010 on a 

proposal to add two items to the 

schedules in the Call Report, the TFR, 

and the FFIEC 002 in which data are 

collected for deposit insurance 

assessment purposes (Schedule RC–O, 

Schedule DI, and Schedule O, 

respectively) effective December 31, 

2010.5 As of that report date, all insured 

depository institutions, including those 

institutions that had not elected to 

participate in the FDIC’s TAG program, 

would begin to report the quarter-end 

amount and number of noninterestbearing transaction accounts (as defined 

in the Dodd-Frank Act, not as defined 

in the FDIC’s TAG program regulations) 

of more than $250,000. These data are 

needed in order for the FDIC to estimate 

the quarter-end amount of insured 

deposits for reserve ratio calculation 

purposes 6 and to determine the 

appropriate level of the Deposit 

Insurance Fund’s contingent loss 

reserve for anticipated failures of 

insured depository institutions. Unless 

the unlimited insurance coverage of 

noninterest-bearing transaction accounts 

under Section 343 of the Dodd-Frank 

Act is extended, the two proposed new 

items would be collected only through 

the December 31, 2012, report date. 

Institutions participating in the 

FDIC’s TAG program should note that, 

for purposes of determining their TAG 

program assessments for the fourth 

calendar quarter of 2010 (which will be 

payable on March 30, 2011), they must 

complete the existing TAG program data 

items—Call Report Schedule RC–O, 

Memorandum items 4.a and 4.b; TFR 

Schedule DI, items DI570 and DI575; or 

FFIEC 002 Schedule O, Memorandum 

items 4.a and 4.b, as appropriate—for 

the final time in their December 31, 

2010, reports. These items capture the 

average daily amount and average daily 

number for the quarter of qualifying 

noninterest-bearing transaction accounts 

of more than $250,000 as defined in the 

FDIC’s TAG program regulations. 

As a result of the unlimited insurance 

coverage for noninterest-bearing 

transaction accounts effective December 

31, 2010, the agencies also requested 

comment on September 3, 2010, on a 

proposed revision of the instructions for 

reporting estimated uninsured deposits 

in Call Report Schedule RC–O, 

Memorandum item 2; TFR Schedule DI, 

item DI210; and FFIEC 002 Schedule O, 

Memorandum item 2.7 These items are 

required to be completed by institutions 

with $1 billion or more in total assets. 

At present, balances in TAG program 

qualifying noninterest-bearing 

transaction accounts of more than 

$250,000 are treated as uninsured 

deposits for purposes of reporting 

estimated uninsured deposits because 

the TAG program was instituted as a 

component of the TLGP, which resulted 

from a systemic risk determination. 

Thus, TAG program insurance coverage 

and assessments are separate from the 

regular deposit insurance program 

administered by the FDIC. Under the 

Dodd-Frank Act, the extension of 

unlimited insurance coverage to 

noninterest-bearing transaction accounts 

at all insured depository institutions 

falls within the FDIC’s regular deposit 

insurance program. Therefore, in 

response to this statutory change in 

insurance coverage, the instructions for 

reporting estimated uninsured deposits 

in the Call Report, TFR, and FFIEC 002 

items identified above would be revised 

to indicate that balances of more than 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
68860 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Notices 

$250,000 in noninterest-bearing 

transaction accounts (as defined in the 

Dodd-Frank Act) should be treated as 

insured, rather than uninsured, 

deposits. Unless the unlimited 

insurance coverage of noninterestbearing transaction accounts under 

Section 343 of the Dodd-Frank Act is 

extended, this instructional revision 

would be in effect only through the 

December 31, 2012, report date. 

The agencies received no comments 

on their proposal to collect the quarterend amount and number of noninterestbearing transaction accounts (as defined 

in the Dodd-Frank Act) of more than 

$250,000 and to revise the instructions 

for reporting estimated uninsured 

deposits in the Call Report, the TFR, 

and the FFIEC 002 effective December 

31, 2010. Accordingly, the agencies will 

implement these revisions as proposed, 

subject to OMB approval. 

Request for Comment 

Public comment is requested on all 

aspects of this joint notice. Comments 

are invited on: 

(a) Whether the proposed revisions to 

the collections of information that are 

the subject of this notice are necessary 

for the proper performance of the 

agencies’ functions, including whether 

the information has practical utility; 

(b) The accuracy of the agencies’ 

estimates of the burden of the 

information collections as they are 

proposed to be revised, including the 

validity of the methodology and 

assumptions used; 

(c) Ways to enhance the quality, 

utility, and clarity of the information to 

be collected; 

(d) Ways to minimize the burden of 

information collections on respondents, 

including through the use of automated 

collection techniques or other forms of 

information technology; and 

(e) Estimates of capital or start up 

costs and costs of operation, 

maintenance, and purchase of services 

to provide information. 

Comments submitted in response to 

this joint notice will be shared among 

the agencies. All comments will become 

a matter of public record. 

Dated: November 3, 2010. 

Michele Meyer, 

Assistant Director, Legislative and Regulatory 

Activities Division, Office of the Comptroller 

of the Currency. 

Board of Governors of the Federal Reserve 

System, November 3, 2010. 

Jennifer J. Johnson, 

Secretary of the Board. 

Dated at Washington, DC, on November 3, 

2010. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

Dated: November 3, 2010. 

Ira L. Mills, 

Paperwork Clearance Officer, Office of Chief 

Counsel, Office of Thrift Supervision. 

[FR Doc. 2010–28208 Filed 11–8–10; 8:45 am] 

BILLING CODE 4810–33–P; 6210–01–P; 6714–01–P; 

6720–01–P 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1