[Federal Register Volume 73, Number 33 (Tuesday, February 19, 2008)]
[Rules and Regulations]
[Pages 9012-9014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3004]


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DEPARTMENT OF THE TREASURY

Comptroller of the Currency

12 CFR Part 8

[Docket No. OCC-2008-0001]
RIN 1557-AD06


Assessment of Fees

AGENCY: Office of the Comptroller of the Currency, Treasury.

ACTION: Interim final rule with request for comment.

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SUMMARY: The Office of the Comptroller of the Currency (OCC) is 
amending its assessment regulation to add two new asset-size categories 
to the table in 12 CFR 8.2(a) used to calculate each national bank's 
semiannual assessment. The addition of these categories is warranted to 
take account of significant structural changes in the national banking 
system since 1992, when the table was last revised, and will enable the 
OCC to realign our assessments to better reflect industry structure and 
OCC's corresponding expenses of operations. The OCC is issuing this 
rule as an interim rule with a request for comment so that such a 
realignment can occur promptly.

DATES: Effective Date: This rule is effective on February 19, 2008.
    Comment Date: Comments must be received by March 20, 2008.

ADDRESSES: Because paper mail in the Washington, DC area and at the OCC 
is subject to delay, commenters are encouraged to submit comments by e-
mail, if possible. Please use the title ``Assessment of Fees'' to 
facilitate the organization and distribution of the comments. You may 
submit comments by any of the following methods:
     Federal eRulemaking Portal--``Regulations.gov'': Go to 
http://www.regulations.gov, under the ``More Search Options'' tab click 
next to the ``Advanced Docket Search'' option where indicated, select 
``Comptroller of the Currency'' from the agency drop-down menu, then 
click ``Submit.'' In the ``Docket ID'' column, select ``OCC-2008-0001'' 
to submit or view public comments and to view supporting and related 
materials for this interim final rule. The ``How to Use This Site'' 
link on the Regulations.gov home page provides information on using 
Regulations.gov, including instructions for submitting or viewing 
public comments, viewing other supporting and related materials, and 
viewing the docket after the close of the comment period.
     E-mail: [email protected].
     Mail: Office of the Comptroller of the Currency, 250 E 
Street, SW., Mail Stop 1-5, Washington, DC 20219.
     Fax: (202) 874-4448.
     Hand Delivery/Courier: 250 E Street, SW., Attn: Public 
Information Room, Mail Stop 1-5, Washington, DC 20219.
    Instructions: You must include ``OCC'' as the agency name and 
``Docket Number OCC-2008-0001'' in your comment. In general, OCC will 
enter all comments received into the docket and publish them on the 
Regulations.gov Web site without change, including any business or 
personal information that you provide such as name and address 
information, e-mail addresses, or phone numbers. Comments received, 
including attachments and other supporting materials, are part of the 
public record and subject to public disclosure. Do not enclose any 
information in your comment or supporting materials that you consider 
confidential or inappropriate for public disclosure.
    You may review comments and other related materials that pertain to 
this interim final rule by any of the following methods:
     Viewing Comments Electronically: Go to http://www.regulations.gov, under the ``More Search Options'' tab click next 
to the ``Advanced Document Search'' option where indicated, select 
``Comptroller of the Currency'' from the agency drop-down menu, then 
click ``Submit.'' In the ``Docket ID'' column, select ``OCC-2008-0001'' 
to view public comments for this rulemaking action.
     Viewing Comments Personally: You may personally inspect 
and photocopy comments at the OCC's Public Information Room, 250 E 
Street, SW., Washington, DC. For security reasons, the OCC requires 
that visitors make an appointment to inspect comments. You may do so by 
calling (202) 874-5043. Upon arrival, visitors will be required to 
present valid government-issued photo identification and submit to 
security screening in order to inspect and photocopy comments.
     Docket: You may also view or request available background 
documents and project summaries using the methods described above.

FOR FURTHER INFORMATION CONTACT: Mitchell Plave, Counsel, Legislative 
and Regulatory Activities Division, (202) 874-5090; Stuart Feldstein, 
Assistant Director, Legislative and Regulatory Activities Division, 
(202) 874-5090; or Colette Baylson, Accounting Operations Manager, 
Financial Management, (202) 874-4403, Office of the Comptroller of the 
Currency, 250 E Street, SW., Washington, DC 20219.

SUPPLEMENTARY INFORMATION: 

Background

    The National Bank Act authorizes the OCC to fund the expenses of 
its operations through assessments on national banks.\1\ Under this 
authority, the OCC collects semiannual assessments from national banks 
in accordance with part 8 of our regulations and with the OCC's Notice 
of the Comptroller of the Currency Fees (Notice of Fees).\2\
    Part 8 currently establishes ten categories, or brackets, each of 
which

[[Page 9013]]

comprises a range of size values for a national bank's total assets. 
Each national bank's assessment is the sum of a base amount, which is 
the same for every national bank in that asset-size bracket, plus a 
marginal amount, which is computed by applying a marginal assessment 
rate to the amount of total assets in excess of the lower boundary of 
the asset-size bracket.\3\ The marginal assessment rate declines as 
asset size increases, reflecting economies of scale in bank examination 
and supervision, which factor into the OCC's overall cost of 
operations. Both the base amounts and the marginal rates applicable to 
each asset-size bracket are published at least once a year in the OCC's 
Notice of Fees.\4\
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    \1\ 12 U.S.C. 482.
    \2\ Under part 8, the OCC also collects assessments from Federal 
branches and Federal agencies. The changes provided for in this 
interim rule will also apply to assessments of Federal branches and 
Federal agencies.
    \3\ See 12 CFR 8.2(a) (listing the asset-size brackets).
    \4\ See, e.g., OCC Bulletin 2007-46, ``Notice of the Comptroller 
of the Currency Fees for Year 2008'' (December 1, 2007). The OCC's 
regulations provide for the annual publication of the Notice of Fees 
and also authorize the publication of interim, or amended, notices 
of fees ``from time to time throughout the year as necessary.'' 12 
CFR 8.8.
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    The current asset-size brackets, which were adopted in 1992\5\ no 
longer reflect the structure and distribution of assets in the national 
banking system as a whole. For example, since 1992, there has been a 
significant increase not only in the amount of assets held by the 
largest banks, but also in the assets held by national banks in other 
asset-size brackets, resulting in a general upward shift in the 
distribution of the population of national banks on the asset-size 
bracket table in 12 CFR 8.2(a). The growth in the average assets held 
by national banks reflect the consolidation in the banking industry 
that has occurred since 1992.
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    \5\ 57 FR 22413 (May 28, 1992).
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    Given these developments, the existing asset-size brackets do not 
reflect the structure of the national banking system. Updating the 
asset-size brackets therefore enables the OCC to adjust the assessment 
framework to better reflect industry structure and the OCC's 
corresponding expenses of operations.

Description of the Interim Rule

    For these reasons, the interim rule expands the number of asset-
size assessment brackets in the table at 12 CFR 8.2(a) by revising the 
current top bracket, presently $40 billion and above, to cover banks 
with assets between $40 billion and $250 billion. In addition, the 
interim rule creates a new top bracket that will apply to banks with 
assets in excess of $250 billion.
    The OCC also is making a conforming change to delete the word 
``ten'' from the description of the asset-size brackets in Sec.  
8.2(a)(1) of the assessment rules since it no longer accurately 
describes the number of brackets.

Effective Date; Solicitation of Comments

    This interim rule will become effective immediately upon 
publication in the Federal Register. Pursuant to the Administrative 
Procedure Act, at 5 U.S.C. 553(b)(B), notice and an opportunity for 
public comment are not required prior to the issuance of a final rule 
if an agency, for good cause, finds that ``notice and public procedure 
thereon are impracticable, unnecessary, or contrary to the public 
interest.'' \6\ Similarly, there is good cause to publish a rule with 
an immediate effective date if the rule ``grants or recognizes an 
exemption or relieves a restriction.'' 5 U.S.C. 553(d)(1) 553(d)(3).
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    \6\ 5 U.S.C. 553(b)(B).
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    As we have described, the asset brackets in the assessments table 
in 12 CFR 8.2(a), which were last revised in 1992, do not reflect the 
structure of the national banking industry, and therefore the framework 
for assessing national banks for the expenses of OCC's operations is no 
longer current. Completion of notice and comment rulemaking procedures 
prior to issuing this interim rule would require delaying 
implementation of the new asset brackets beyond the next scheduled 
assessment date, which is March 31, 2008. Such a delay is inconsistent 
with the public interest since it would result in national banks' 
continued payment of assessments under a framework that the OCC has 
determined is no longer representative of current industry structure 
and the OCC's corresponding expenses of operation. Issuance of this 
interim rule furthers the public interest and reduces regulatory burden 
because it will allow the OCC, as appropriate, to issue an amended 
Notice of Fees that better reflects the structure of the national 
banking system and allocates the OCC's expenses of operation on that 
basis. For the same reasons, the OCC finds good cause to publish this 
rule with an immediate effective date. See 5 U.S.C. 553(d)(1), 
553(d)(3).
    Although notice and comment are not required prior to the effective 
date of this rule, the OCC invites comments on all aspects of this 
interim rule and intends to revise the interim rule if necessary or 
appropriate in light of the comments received.

Solicitation of Comments on Use of Plain Language

    The OCC also requests comment on whether the interim rule is 
written clearly and is easy to understand. On June 1, 1998, the 
President issued a memorandum directing each agency in the Executive 
branch to write its rules in plain language. This directive applies to 
all new proposed and interim rulemaking documents issued on or after 
January 1, 1999. In addition, Public Law 106-102 requires each Federal 
agency to use plain language in all proposed and interim rules 
published after January 1, 2000. The OCC invites comments on how to 
make this rule clearer. For example, you may wish to discuss:
    (1) Whether we have organized the material to suit your needs;
    (2) Whether the requirements of the rule are clear; or
    (3) Whether there is something else we could do to make the rule 
easier to understand.

Regulatory Flexibility Act Analysis

    The Regulatory Flexibility Act (Pub. L. 96-354, Sept. 19, 1980) 
(RFA) applies only to rules for which an agency publishes a general 
notice of proposed rulemaking pursuant to 5 U.S.C. 553(b).\7\ Because 
the OCC has determined for good cause that the Administrative Procedure 
Act does not require public notice and comment on this interim rule, we 
are not publishing a general notice of proposed rulemaking. Thus, the 
RFA does not apply to this interim rule.
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    \7\ 5 U.S.C. 601(2).
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Executive Order 12866

    The OCC has determined that this interim rule is not a significant 
regulatory action under Executive Order 12866.

Unfunded Mandates Reform Act of 1995 Determinations

    Section 202 of the Unfunded Mandates Reform Act of 1995 \8\ 
(Unfunded Mandates Act) requires that an agency prepare a budgetary 
impact statement before promulgating any rule likely to result in a 
Federal mandate that may result in the expenditure by state, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any one year. If a budgetary impact statement is 
required, section 205 of the Unfunded Mandates Act also requires the 
agency to identify and consider a reasonable number of regulatory 
alternatives before promulgating the rule. The OCC has determined that 
this interim rule will not result in expenditures by state, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any one year.

[[Page 9014]]

Accordingly, the OCC has not prepared a budgetary impact statement or 
specifically addressed the regulatory alternatives considered.
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    \8\ 2 U.S.C. 1532.
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Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3506; 5 CFR Part 1320 Appendix A.1), we have reviewed the interim rule 
to assess any information collections. There are no collections of 
information as defined by the Paperwork Reduction Act in the interim 
rule.

Lists of Subjects in 12 CFR Part 8

    Assessment of fees.

Authority and Issuance

0
For the reasons set forth in the preamble, part 8 of chapter I of title 
12 of the Code of Federal Regulations is amended as follows:

PART 8--ASSESSMENT OF FEES

0
1. The authority citation for part 8 continues to read as follows:

    Authority: 12 U.S.C. 93a, 481, 482, 1867, 3102, and 3108; and 15 
U.S.C. 78c and 78l.


0
2. Section 8.2 is amended by:
0
a. Revising paragraph (a) introductory text, including the table; and
0
b. Removing the word ``ten'' in paragraph (a)(1) in the first sentence, 
to read as follows:


Sec.  8.2  Semiannual assessment.

    (a) Each national bank shall pay to the Comptroller of the Currency 
a semiannual assessment fee, due by March 31 and September 30 of each 
year, for the six month period beginning on January 1 and July 1 before 
each payment date. The Comptroller of the Currency will calculate the 
amount due under this section and provide a notice of assessments to 
each national bank no later than 7 business days prior to March 31 and 
September 30 of each year. The semiannual assessment will be calculated 
as follows:

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  If the bank's total assets (consolidated                       The semiannual assessment is:
   domestic and foreign subsidiaries) are:   -------------------------------------------------------------------
---------------------------------------------   This amount--base
        Over--             But not over--             amount          Plus marginal rates     Of excess over--
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Column A                         Column B               Column E               Column C              Column D
Million                           Million     .....................  .....................            Million
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                $0                     $2                    $X1                      0
                 2                     20                     X2                     Y1                    $2
                20                    100                     X3                     Y2                    20
               100                    200                     X4                     Y3                   100
               200                  1,000                     X5                     Y4                   200
             1,000                  2,000                     X6                     Y5                 1,000
             2,000                  6,000                     X7                     Y6                 2,000
             6,000                 20,000                     X8                     Y7                 6,000
            20,000                 40,000                     X9                     Y8                20,000
            40,000                250,000                    X10                     Y9                40,000
           250,000     .....................                 X11                    Y10               250,000
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* * * * *

    Dated: February 11, 2008.
John C. Dugan,
Comptroller of the Currency.
[FR Doc. E8-3004 Filed 2-15-08; 8:45 am]
BILLING CODE 4810-33-P