31222 Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Proposed Rules 

guarantee program and the transaction 

account guarantee program, unless the 

entity opts out. No later than 11:59 p.m., 

Eastern Standard Time, December 5, 

2008, each eligible entity must inform 

the FDIC if it desires to opt out of the 

debt guarantee program or the 

transaction account guarantee program, 

or both. Failure to opt out by 11:59 p.m., 

Eastern Standard Time, December 5, 

2008 constitutes a decision to continue 

in the program after that date. Prior to 

December 5, 2008 an eligible entity may 

opt in to either or both programs by 

informing the FDIC that it will not opt 

out of either or both programs. 

(2) Any insured depository institution 

that is participating in the transaction 

account guarantee program may elect to 

opt out of such program effective on 

January 1, 2010. Any such an election 

to opt out must be made in accordance 

with the procedures set forth in 

paragraph (g)(2) of this section. An 

election to opt out once made is 

irrevocable. 

* * * * * 

(g) Procedures for opting out. 

(1) Except as provided in paragraph 

(g)(2) of this section, the FDIC will 

provide procedures for opting out and 

for making an affirmative decision to 

opt in using FDIC’s secure e-business 

Web site, FDICconnect. Entities that are 

not insured depository institutions will 

select and solely use an affiliated 

insured depository institution to submit 

their opt-out election or their affirmative 

decision to opt in. 

(2) Pursuant to paragraph (c)(2) of this 

section a participating entity may opt 

out of the transaction account guarantee 

program by submitting to the FDIC on 

or before 11:59 p.m. EDST on October 

31, 2009 an e-mail conveying the 

entity’s election to opt out. The subject 

line of the e-mail must include: ‘‘TLGP 

Election to Opt Out—Cert. No. ____ .’’ 

The e-mail must be addressed to 

dcas@fdic.gov and must include the 

following: 

(i) Institution Name; 

(ii) FDIC Certificate number; 

(iii) City, State, ZIP; 

(iv) Name, Telephone Number and Email Address of a Contact Person; 

(v) A statement that the institution is 

opting out of the transaction account 

guarantee program effective January 1, 

2010; and 

(vi) Confirmation that no later than 

November 15, 2009 the institution will 

post a prominent notice in the lobby of 

its main office, each domestic branch 

and, if it offers Internet deposit services, 

on its Web site clearly indicating that 

funds held in non-interest bearing 

transaction accounts that are in excess 

of the standard maximum deposit 

insurance amount will not be 

guaranteed under the transaction 

account guarantee program after 

December 31, 2009. 

(h) * * * 

(5) Each insured depository 

institution that offers noninterestbearing transaction accounts must post 

a prominent notice in the lobby of its 

main office, each domestic branch and, 

if it offers Internet deposit services, on 

its Web site clearly indicating whether 

the institution is participating in the 

transaction account guarantee program. 

If the institution is participating in the 

transaction account guarantee program, 

the notice must state that funds held in 

noninterest-bearing transactions 

accounts at the entity are guaranteed in 

full by the FDIC. 

(i) These disclosures must be 

provided in simple, readily 

understandable text. Sample disclosures 

are as follows: 

For Participating Institutions 

[Institution Name] is participating in the 

FDIC’s Transaction Account Guarantee 

Program. Under that program, through June 

30, 2010, all noninterest-bearing transaction 

accounts are fully guaranteed by the FDIC for 

the entire amount in the account. Coverage 

under the Transaction Account Guarantee 

Program is in addition to and separate from 

the coverage available under the FDIC’s 

general deposit insurance rules. 

For Non-Participating Institutions 

[Institution Name] has chosen not to 

participate in the FDIC’s Transaction 

Account Guarantee Program. Customers of 

[Institution Name] with noninterest-bearing 

transaction accounts will continue to be 

insured for up to $250,000 under the FDIC’s 

general deposit insurance rules. 

(ii) If the institution uses sweep 

arrangements or takes other actions that 

result in funds being transferred or 

reclassified to an account that is not 

guaranteed under the transaction 

account guarantee program, for 

example, an interest-bearing account, 

the institution must disclose those 

actions to the affected customers and 

clearly advise them, in writing, that 

such actions will void the FDIC’s 

guarantee with respect to the swept, 

transferred, or reclassified funds. 

* * * * * 

5. Amend § 370.7 by revising 

paragraph (c) to read as follows: 

§ 370.7 Assessments for the Transaction 

Account Guarantee Program. 

* * * * * 

(c) Amount of assessment. 

(1) Except as provided in paragraph 

(c)(2) of this section any eligible entity 

that does not opt out of the transaction 

account guarantee program shall pay 

quarterly an annualized 10 basis point 

assessment on any deposit amounts 

exceeding the existing deposit insurance 

limit of $250,000, as reported on its 

quarterly Consolidated Reports of 

Condition and Income, Thrift Financial 

Report, or Report of Assets and 

Liabilities of U.S. Branches and 

Agencies of Foreign Banks (each, a ‘‘Call 

Report’’) in any noninterest-bearing 

transaction accounts (as defined in 

§ 370.2(h)), including any such amounts 

swept from a noninterest bearing 

transaction account into a noninterest 

bearing savings deposit account as 

provided in § 370.4(c). 

(2) Beginning on January 1, 2010, a 

participating entity that does not opt out 

of the transaction account guarantee 

program in accordance with 

§ 370.5(c)(2) shall pay quarterly an 

annualized 25 basis point assessment on 

any deposit amounts exceeding the 

existing deposit insurance limit of 

$250,000, as reported on its quarterly 

Call Report in any noninterest-bearing 

transaction accounts (as defined in 

§ 370.2(h)), including any such amounts 

swept from a noninterest bearing 

transaction account into a noninterest 

bearing savings deposit account as 

provided in § 370.4(c). 

(3) The assessments provided in this 

paragraph (c) shall be in addition to an 

institution’s risk-based assessment 

imposed under Part 327. 

* * * * * 

By order of the Board of Directors. 

Dated at Washington, DC, this 23rd day of 

June, 2009. 

Federal Deposit Insurance Corporation. 

Valerie J. Best, 

Assistant Executive Secretary. 

[FR Doc. E9–15377 Filed 6–29–09; 8:45 am] 

BILLING CODE 6714–01–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

32 CFR Part 724 

[No. USN–2008–0009] 

RIN 0703–AA86 

Naval Discharge Review Board 

AGENCY: Department of the Navy, DoD. 

ACTION: Proposed rule. 

SUMMARY: The Department of the Navy 

is amending its regulations to reflect the 

name change of the Naval Council of 

Personnel Boards to the Secretary of the 

Navy Council of Review Boards and to 

update other administrative information 

pertaining to the Naval Discharge 

Review Board. 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Proposed Rules 31223 

DATES: Comment date: Interested parties 

should submit written comments on or 

before August 31, 2009. 

ADDRESSES: You may submit comments, 

identified by docket number and/or 

Regulatory Information Number (RIN) 

and title, by any of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket or RIN number for this Federal 

Register document. The general policy 

for comments and other submissions 

from members of the public is to make 

these submissions available for public 

viewing on the Internet at http:// 

regulations.gov as they are received 

without change, including any personal 

identifiers or contact information. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Commander Tanya M. Cruz, 

JAGC, U.S. Navy, Office of the Judge 

Advocate General (Administrative Law), 

Department of the Navy, 1322 Patterson 

Ave., SE., Suite 3000, Washington Navy 

Yard, DC 20374–5066, telephone: 703– 

614–7403. 

SUPPLEMENTARY INFORMATION: The 

Department of the Navy is amending 32 

CFR part 724 to reflect the name change 

of the Naval Council of Personnel 

Boards to the Secretary of the Navy 

Council of Review Boards and to update 

other administrative information 

pertaining to the Naval Discharge 

Review Board. 

Interested persons are invited to 

comment in writing on this amendment. 

All written comments received will be 

considered in making the proposed 

amendments to 32 CFR part 724. It has 

been determined that this proposed rule 

amendment is not a major rule within 

the criteria specified in Executive Order 

12866, as amended by Executive Order 

13258, and does not have substantial 

impact on the public. 

Matters of Regulatory Procedure 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ 

It has been determined that 32 CFR 

part 724 is not a significant regulatory 

action. The rule does not: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of the recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in this Executive Order. 

Unfunded Mandates Reform Act (Sec. 

202, Pub. L. 104–4) 

It has been certified that 32 CFR part 

724 does not contain a Federal Mandate 

that may result in the expenditure by 

State, local, and tribal governments, in 

aggregate, or by the private sector, of 

$100 million or more in any one year. 

Public Law 96–511. ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been certified that 32 CFR part 

724 does not impose any reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35). 

Federalism (Executive Order 13132) 

It has been certified that 32 CFR part 

724 does not have federalism 

implications, as set forth in Executive 

Order 13132. This rule does not have 

substantial direct effects on: 

(1) The States; 

(2) The relationship between the 

National Government and the States; or 

(3) The distribution of power and 

responsibilities among the various 

levels of government. 

List of Subjects in 32 CFR Part 724 

Administrative practice and 

procedure, Archives and records, and 

Military personnel. 

For the reasons set forth in the 

preamble, the Department of the Navy 

proposes to amend 32 CFR part 724 as 

follows: 

PART 724—NAVAL DISCHARGE 

REVIEW BOARD 

1. The authority citation for part 724 

continues to read as follows: 

Authority: 5 U.S.C. 301; 10 U.S.C. 1553. 

2. Section 724.116 is amended by 

revising the section heading to read as 

follows: 

§ 724.116 Counsel/Representative. 

* * * * * 

§ 724.118 [Amended] 

3. Section 724.118 is amended by 

removing ‘‘and medical’’ in the second 

sentence. 

4. Section 724.201 is revised to read 

as follows: 

§ 724.201 Authority. 

The Naval Discharge Review Board, 

established pursuant to 10 U.S.C. 1553, 

is a component of the Secretary of the 

Navy Council of Review Boards. On 

December 6, 2004, the Assistant 

Secretary of the Navy (Manpower & 

Reserve Affairs) approved the change in 

name from Naval Council of Personnel 

Boards to Secretary of the Navy Council 

of Review Boards. By SECNAVINST 

5730.7 series, the Assistant Secretary of 

the Navy (Manpower and Reserve 

Affairs) is authorized and directed to act 

for the Secretary of the Navy within his/ 

her assigned area of responsibility and 

exercises oversight over the Secretary of 

the Naval Council of Review Boards. 

SECNAVINST 5420.135 series states the 

organization, mission, duties and 

responsibilities of the Secretary of the 

Naval Council of Review Boards to 

include the Naval Discharge Review 

Board. The Chief of Naval Operations 

established the Office of Naval 

Disability Evaluation and the Navy 

Council of Personnel Boards on 1 

October 1976 (OPNAVNOTE 5450 Ser 

09b26/535376 of 9 Sep 1976 (Canc frp: 

Apr 77)). The Chief of Naval Operations 

approved the change in name of the 

Office of Naval Disability Evaluation 

and Navy Council of Personnel Boards 

to Naval Council of Personnel Boards on 

1 February 1977 (OPNAVNOTE 5450 

Ser 099b26/32648 of 24 Jan 1977 (Canc 

frp: Jul 77)) with the following mission 

Statement: 

To administer and supervise assigned 

boards and councils. 

§ 724.221 [Amended] 

5. Section 724.221 is amended in 

paragraph (a) by removing ‘‘or at 

another site within the forty-eight 

contiguous states.’’ 

§ 724.222 [Amended] 

6. Section 724.222 is amended by 

revising paragraph (b) to read as follows: 

§ 724.222 Personal appearance discharge 

hearing sites. 

* * * * * 

(b) In addition, as permitted by 

available resources, NDRB Panels may 

travel to other selected sites within the 

contiguous 48 states for the purpose of 

conducting reviews. 

§ 724.223 [Amended] 

7. Section 724.223 is amended in 

paragraph (d) by removing ‘‘NCPB’’ and 

adding ‘‘NDRB’’ in its place. 


sroberts on PROD1PC70 with PROPOSALS
31224 Federal Register / Vol. 74, No. 124 / Tuesday, June 30, 2009 / Proposed Rules 

Subpart C—Director, Secretary of the 

Navy Council of Review Boards and 

President Naval Discharge Review 

Board; Responsibilities in Support of 

the Naval Discharge Review Board 

8. The Subpart C heading is revised to 

read as set forth above. 

9. Section 724.302 is amended as 

follows: 

a. The section heading is revised to 

read as set forth below; and 

b. Paragraph (h) is amended by 

removing ‘‘Naval Council of Personnel 

Boards’’ and adding ‘‘Secretary of the 

Navy Council of Review Boards’’ in its 

place. 

§ 724.302 Functions: Director, Secretary of 

the Navy Council of Review Boards. 

* * * * * 

§ 724.303 [Amended] 

10. Section 724.303 is amended in 

paragraph (e) by removing ‘‘5211.5C’’ 

and adding ‘‘5211.5 series’’ in its place. 

§ 724.501 [Amended] 

11. Section 724.501 is amended as 

follows: 

a. Removing paragraph (b), and 

redesignating paragraphs (c) through (p) 

as paragraphs (b) through (o) 

respectively; and 

b. Newly redesignated paragraph (e) is 

amended by removing ‘‘withdrawn’’ and 

adding ‘‘withdraw’’ in its place. 

§ 724.502 [Amended] 

12. Section 724.502 is amended as 

follows: 

a. Paragraph (c) is amended by 

removing ‘‘Suite 905, 801 North 

Randolph Street, Arlington, VA 22203’’ 

and adding ‘‘720 Kennon Ave SE, Suite 

309, Washington, DC 20374–5023’’ in its 

place; and 

b. Paragraph (d) is amended by 

removing ‘‘696–4881’’ and adding ‘‘685– 

6600’’ in its place. 

§ 724.504 [Amended] 

13. Section 724.504 is amended in 

paragraph (a) by adding ‘‘if required’’ 

after ‘‘health record.’’ 

14. Section 724.601 is revised to read 

as follows: 

§ 724.601 General. 

The NDRB is a component of the 

Secretary of the Navy Council of Review 

Boards and has its offices located in the 

NCR. The NDRB conducts documentary 

reviews and personal appearance 

reviews in the NCR. Hearings may be 

conducted outside the NCR at the 

NDRB’s discretion contingent upon 

availability of resources and manpower. 

15. Section 724.701 is amended as 

follows: 

a. The introductory text is amended 

by removing ‘‘Naval Council of 

Personnel Boards’’ and adding 

‘‘Secretary of the Navy Council of 

Review Boards’’ in its place; and 

b. Paragraph (c) is revised to read as 

follows: 

§ 724.701 Composition. 

* * * * * 

(c) Normally, at least three of the five 

members of the NDRB shall belong to 

the service from which the applicant 

whose case is under review was 

discharged. 

* * * * * 

16. Section 724.703 is revised to read 

as follows: 

§ 724.703 Legal counsel. 

Normally, the NDRB shall function 

without the immediate attendance of 

legal counsel. In the event that a legal 

advisory opinion is deemed appropriate 

by the NDRB, such opinion shall be 

obtained routinely by reference to the 

Counsel assigned to the Office of the 

Director, Secretary of the Navy Council 

of Review Boards. In addition, the 

NDRB may request advisory opinions 

from staff offices of the Department of 

the Navy, including, but not limited to 

the General Counsel and the Judge 

Advocate General. 

Dated: June 23, 2009. 

T.M. Cruz, 

Lieutenant Commander, Judge Advocate 

General’s Corps, U.S. Navy, Alternate Federal 

Register Liaison Officer. 

[FR Doc. E9–15463 Filed 6–29–09; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 600 

[Docket No. 080102007–81097–01] 

RIN 0648–AW18 

Magnuson-Stevens Fishery 

Conservation and Management Act; 

Regional Fishery Management 

Councils; Operations 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule, extension of 

comment period. 

SUMMARY: NMFS extends the comment 

period for proposed regulations that 

address the operations and 

administration of regional fishery 

management councils (Councils). 

DATES: Comments must be received by 

November 2, 2009. 

ADDRESSES: You may submit comments, 

identified by ‘‘RIN 0648–AW18,’’ by any 

one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Fax: 301–713–1175. 

• Mail: Alan Risenhoover, Director, 

Office of Sustainable Fisheries, National 

Marine Fisheries Service, 1315 EastWest Highway, SSMC3, Silver Spring, 

MD 20910. Please mark the outside of 

the envelope ‘‘Council Operations.’’ 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter n/a in the required 

fields, if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe pdf 

file formats only. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this proposed 

rule may be submitted to the Office of 

Sustainable Fisheries at the mailing 

address or fax number specified above 

and by e-mail to 

DavidlRostker@omb.eop.gov, or fax to 

(202) 395–7285. 

FOR FURTHER INFORMATION CONTACT: 

William D. Chappell, 301–713–2337. 

SUPPLEMENTARY INFORMATION: Section 

302 of the Magnuson-Stevens Act 

includes provisions for the 

establishment and administration of the 

Councils. The Magnuson-Stevens Act 

was reauthorized on January 12, 2007, 

with amendments throughout, and this 

proposed rule would implement some 

of the changes that were made to 

Section 302. Additionally, several issues 

regarding Council operations and 

membership have prompted proposed 

changes to the regulations. Key aspects 

of this proposed rule are: requirements 

relative to the Council Coordinating 

Committee; requirements for Scientific 

and Statistical Committees (SSCs) and 

financial interest reporting for SSC 

members; an update of Council and 

committee meeting announcement 


sroberts on PROD1PC70 with PROPOSALS