13206 Federal Register / Vol. 60, No. 47 / Friday, March 10, 1995 / Notices

banking facilities located in Texas. This

notice and request for comment is

provided pursuant to section 114 of the

Riegle-Neal Interstate Banking and

Branching Efficiency Act of 1994. It is

intended to provide interested persons

with an opportunity to provide

comments prior to the OCC’s issuance of

a final opinion letter responding to the

request.

DATES: Comments should be submitted

on or before April 10, 1995.

ADDRESSES: Comments should be sent to

the Communications Division, 250 E

Street SW., Third Floor, Washington,

DC 20219. Attention: Docket No. 95–05.

Comments will be available for

inspection and photocopying at the

same location. Appointments for

inspection of comments can be made by

calling (202) 874–4700.

FOR FURTHER INFORMATION CONTACT: Sue

E. Auerbach, Senior Attorney, Bank

Activities and Structure Division, (202)

874–5300.

SUPPLEMENTARY INFORMATION:

Background

Section 114 of the Riegle-Neal

Interstate Banking and Branching

Efficiency Act of 1994 (section 114),

Pub. L. 103–328 (12 U.S.C. 43),

generally requires the OCC to publish in

the Federal Register a descriptive notice

of certain requests that the OCC receives

for preemption determinations. The

OCC must publish this notice before it

issues any opinion letter or interpretive

rule concluding that Federal law

preempts the application to a national

bank of any State law regarding

community reinvestment, consumer

protection, fair lending, or the

establishment of intrastate branches

(four designated areas). The OCC must

give interested persons at least 30 days

to submit written comments, and must

consider the comments in developing

the final opinion letter or interpretive

rule. The OCC must publish in the

Federal Register any final opinion letter

or interpretive rule that concludes that

Federal law preempts State law in the

four designated areas. Section 114 also

provides certain exceptions, not

applicable to the present request, to the

Federal Register publication

requirements.

Specific Request for OCC Preemption

Determination

The OCC has been asked to determine

whether Federal law preempts the

application of Texas Rule 3.92, 7 Tex.

Admin. Code Section 3.92 (Rule),

‘‘Naming and Advertising of Branch

Facilities,’’ in its entirety, to national

banks. The Rule was adopted by the

Texas State Finance Commission on

August 19, 1994, pursuant to Texas

Civil Statutes Section 342–917,

‘‘Identification of Facilities,’’ which

generally provides that a bank may not

use any form of advertising that implies

or tends to imply that a branch facility

is a separate bank.

The Rule prohibits advertising of a

branch facility in a manner which

implies or fosters the perception that a

branch facility is a separate bank. While

the Rule applies to all banks located in

Texas, its provisions and prohibitions

would most directly affect those banks

that have what might be termed a

‘‘generic name’’ followed by a

‘‘geographic modifier’’ (e.g., First

National Bank of Dallas, Second State

Bank of Austin), rather than what the

Rule terms a ‘‘unique legal name’’ such

as ‘‘Jones National Bank’’ or ‘‘Smith

Bank.’’ The principal provisions of the

Rule include the following:

1. Upon acquisition of one bank to

serve as a branch of another bank, use

of the prior name of the extinguished

bank to identify the acquired bank

facility is prohibited on all signs,

advertising and bank documents.

2. A sign directing the public to a

branch facility must contain either the

legal name of the bank or a unique logo,

trademark, or service mark of the bank.

If a separate identifying name is used for

the branch facility that either contains

the word ‘‘bank’’ or does not contain the

word ‘‘branch’’ and further does not

identify the facility as a branch, then an

additional sign at the branch facility

must identify the legal name of the bank

and identify the facility as a branch.

This additional sign, for example, could

consist of lettering on the entrance door

or any other lettering visible to the

public.

3. The legal name of a bank is the full

bank name as reflected in its charter,

except that in signs and advertising a

bank may omit terms which are either

indicators of corporate status (N.A., Inc.,

Corp., L.B.A.) or geographic modifiers.

However, where a bank without a

unique legal name proposes to establish

a branch facility (other than one within

the city of domicile) within the same

city as or within a 30-mile radius of a

pre-existing facility of a bank with the

same or substantially similar legal

name, the bank must either include the

geographic modifier on its signs,

disclose the city of its domicile on all

signs directing the public to the branch,

or else put up a separate sign notifying

the public that the facility is a branch.

4. If a bank without a unique legal

name chooses not to place the signs as

described in the foregoing paragraph,

then the Rule requires the bank to

provide notice to all existing bank

facilities of other banks within the same

banking market as the proposed branch

location that have the same or

substantially similar legal name,

disregarding geographic modifiers,

specifically advising the recipient of the

name to be used in connection with the

proposed branch facility. Banks so

notified then have the opportunity to

file a protest regarding the name of the

proposed branch with the Texas State

Banking Commission (for state banks) or

with the OCC (for national banks).

5. While banks in Texas, like other

businesses, may operate under an

assumed or professional name, they may

not use an assumed name to evade the

Rule.

6. The Rule does not prescribe

specifics such as number, size, or

location of signs, size of lettering, and

so on. Further, it does not require that

branch names, signs, or advertising be

approved by any regulatory authority.

Request for Comments

The OCC requests comments on all

aspects of the request for a

determination of whether the

application of the Rule to national banks

is preempted by Federal law.

Dated: March 6, 1995.

Eugene A. Ludwig,

Comptroller of the Currency.

[FR Doc. 95–5879 Filed 3–9–95; 8:45 am]

BILLING CODE 4810–33–P

Fiscal Service

[Dept. Circ. 570, 1994 Rev., Supp. No. 13;

4–00236]

Harco National Insurance Company;

Surety Companies Acceptable on

Federal Bonds; Redomestication

Harco National Insurance Company

has redomesticated from the state of

New York to the State of Illinois

effective December 31, 1994. The

company was last listed as an

acceptable surety on Federal bonds at 59

FR 34158, July 1, 1994.

Federal bond-approving officers

should annotate their reference copies

of the Treasury Circular 570, 1994

revision, on page 34158 to reflect this

change.

Questions concerning this notice may

be directed to the Surety Bond Branch,

Funds Management Division, Financial

Management Service, Department of the

Treasury, 3700 East West Highway, Rm.

6F04, Hyattsville, MD 20782, telephone

(FTS/202) 874–6507.
Federal Register / Vol. 60, No. 47 / Friday, March 10, 1995 / Notices 13207

Dated: March 3, 1995.

Charles F. Schwan III,

Director, Funds Management Division,

Financial Management Service.

[FR Doc. 95–5859 Filed 3–9–95; 8:45 am]

BILLING CODE 4810–35–M

[Dept. Circ. 570, 1994—Rev., Supp. No. 11;

4–00236]

Municipal Bond Investors Assurance

Corporation; Surety Companies

Acceptable on Federal Bonds;

Termination of Authority

Notice is hereby given that the

Certificate of Authority issued by the

Treasury to Municipal Bond Investors

Assurance Corporation of Armonk, New

York, under the United States Code,

Title 31, Sections 9304–9308 to qualify

as an acceptable surety on Federal

bonds is terminated effective today.

The Company was last listed as an

acceptable surety on Federal bonds at 59

FR 34166, July 1, 1994, and

subsequently suspended effective

December 20, 1994, at 60 FR 531,

January 4, 1995.

With respect to any surety bonds

currently in force with Municipal Bond

Investors Assurance Corporation, bondapproving officers may let such bonds

run to expiration and need not secure

new bonds. However, no new bonds

should be accepted from the Company.

In addition, bonds that are continuous

in nature should not be renewed.

Questions concerning this notice may

be directed to the Department of the

Treasury, Financial Management

Service, Funds Management Division,

Surety Bond Branch, Hyattsville, MD

20782, telephone (202/FTS) 874–6779.

Dated: February 28, 1995.

Charles F. Schwan III,

Director, Funds Management Division,

Financial Management Service.

[FR Doc. 95–5860 Filed 3–9–95; 8:45 am]

BILLING CODE 4810–35–M

[Dept. Circ. 570, 1994 Rev., Supp. No. 12;

4–00236]

Reliance Surety Company; Surety

Companies Acceptable on Federal

Bonds

A Certificate of Authority as an

acceptable surety on Federal Bonds is

hereby issued to the following company

under Sections 9304 to 9308, Title 31,

of the United States Code. Federal bondapproving officers should annotate their

reference copies of the Treasury Circular

570, 1994 Revision, on page 34174 to

reflect this addition:

Reliance Surety Company. Business

Address: 4 Penn Center Plaza,

Philadelphia, Pennsylvania 19103.

Phone: (215) 864–4000. Underwriting

Limitation b/: $1,262,000. Surety

Licenses c/: AL, AK, AZ, AR, CO, DE,

DC, GA, HI, ID, IL, IN, IA, KS, KY, LA,

MD, MA, MN, MS, MO, MT, NE, NV,

NJ, NM, NC, ND, OH, OK, OR, PA, RI,

SC, SD, TN, TX, UT, VA, WV, WI, WY.

Incorporated in: Delaware.

Certificates of Authority expire on

June 30 each year, unless revoked prior

to that date. The Certificates are subject

to subsequent annual renewal as long as

the companies remain qualified (31 CFR

Part 223). A list of qualified companies

is published annually as of July 1 in

Treasury Department Circular 570, with

details as to underwriting limitations,

areas in which licensed to transact

surety business and other information.

Copies of the Circular may be

obtained from the Surety Bond Branch,

Funds Management Division, Financial

Management Service, Department of the

Treasury, Hyattsville, MD, telephone

(202) 874–6905.

Dated: March 3, 1995.

Charles F. Schwan III,

Director, Funds Management Division,

Financial Management Service.

[FR Doc. 95–5861 Filed 3–9–95; 8:45 am]

BILLING CODE 4810–35–M

Public Information Collection

Requirements Submitted to OMB for

Review

March 2, 1995.

The Department of Treasury has

submitted the following public

information collection requirement(s) to

OMB for review and clearance under the

Paperwork Reduction Act of 1980,

Public Law 96–511. Copies of the

submission(s) may be obtained by

calling the Treasury Bureau Clearance

Officer listed. Comments regarding this

information collection should be

addressed to the OMB reviewer listed

and to the Treasury Department

Clearance Officer, Department of the

Treasury, Room 2110, 1425 New York

Avenue, NW., Washington, DC 20220.

Comptroller of the Currency (OCC)

OMB Number: 1557–0124.

Form Number: TA–1.

Type of Review: Revision.

Title: Uniform Form for Registration

and Amendment to Registration as a

Transfer Agent.

Description: This form is used by

national banks and national bank

subsidiaries for registration and

amendment to registration as a transfer

agent.

Respondents: Businesses or other forprofit.

Estimated Number of Recordkeepers:

105.

Estimated Burden Hours Per

Recordkeeper: 1 hour, 15 minutes.

Frequency of Response: On occasion.

Estimated Total Recordkeeping

Burden: 46 hours.

Clearance Officer: John Ference (202)

874–4697, Comptroller of the Currency,

250 E Street, S.W., Washington, DC

20219.

OMB Reviewer: Milo Sunderhauf

(202) 395–7340, Office of Management

and Budget, Room 10226, New

Executive Office Building, Washington,

DC 20503.

Lois K. Holland,

Departmental Reports Management Officer.

[FR Doc. 95–5874 Filed 3–9–95; 8:45 am]

BILLING CODE 4810–33–P

Public Information Collection

Requirements Submitted to OMB for

Review

March 3, 1995.

The Department of Treasury has

submitted the following public

information collection requirement(s) to

OMB for review and clearance under the

Paperwork Reduction Act of 1980,

Public Law 96–511. Copies of the

submission(s) may be obtained by

calling the Treasury Bureau Clearance

Officer listed. Comments regarding this

information collection should be

addressed to the OMB reviewer listed

and to the Treasury Department

Clearance Officer, Department of the

Treasury, Room 2110, 1425 New York

Avenue, NW., Washington, DC 20220.

Internal Revenue Service (IRS)

OMB Number: 1545–0367.

Form Number: IRS Forms 4804 and

4801.

Type of Review: Revision.

Title: Transmittal of Information

Returns Reported Magnetically/

Electronically (4804); Transmittal of

Information Returns Reported

Magnetically/ Electronically

(Continuation of Form 4804) (4802).

Description: 26 U.S.C. 6041 and 6042

require all persons engaged in a trade or

business and making payments of

taxable income must file reports of this

income with the Internal Revenue

Service (IRS). In certain cases, this

information must be filed on magnetic

media. Forms 4804 and 4802 are used

to provide a signature and balancing

totals for magnetic media filers of

information returns.

Respondents: Individuals or

households, Business or other for-profit,