[Federal Register Volume 73, Number 207 (Friday, October 24, 2008)]
[Proposed Rules]
[Pages 63406-63407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25376]


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FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Part 360


Processing of Deposit Accounts in the Event of an Insured 
Depository Institution Failure and Large-Bank Deposit Insurance 
Determination Modernization; Limited Opportunity To Resubmit Comment

AGENCY: Federal Deposit Insurance Corporation (FDIC).

ACTION: Notice of limited opportunity to resubmit comment.

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SUMMARY: The FDIC invites the commenter who filed a public comment at 
http://www.regulations.gov on April 14, 2008, relating to the FDIC's 
Notice of Proposed Rulemaking involving ``Processing of Deposit 
Accounts in the Event of an Insured Depository Institution Failure and 
Large-Bank Deposit Insurance Determination Modernization'' to resubmit 
to the FDIC his or her comment relating to this action. We are taking 
this action because due to a technical software error, a public comment 
submitted via http://www.regulations.gov was not transmitted to the 
FDIC. Therefore, the FDIC will provide this commenter with a limited 
opportunity to resubmit his or her comment to the FDIC on or before 
November 24, 2008.

DATES: The commenter whose comment was not transmitted to the FDIC in 
accordance with the situation described above may resubmit his or her 
comment on or before November 24, 2008.

ADDRESSES: The affected commenter may submit his or her comment by any 
of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Agency Web Site: http://www.FDIC.gov/regulations/laws/federal. Follow instructions for submitting comments on the FDIC's Web 
Site.
     E-mail: [email protected]. Include ``Resubmitted 
Comments'' in the subject line of the message.
     Mail: Robert E. Feldman, Executive Secretary, Attention: 
Comments, Federal Deposit Insurance Corporation, 550 17th Street, NW., 
Washington, DC 20429
     Hand Delivery/Courier: 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. (EST).
     Public Inspection: All comments received will be posted 
without change to http://www.fdic.gov/regulations/laws/federal/ 
including any personal information provided. Paper copies of public 
comments may be ordered from the Public Information Center by telephone 
at (877) 275-3342 or (703) 562-2200.

FOR FURTHER INFORMATION CONTACT: A. Ann Johnson, Counsel, Legal 
Division, (202) 898-3573 or [email protected].

SUPPLEMENTARY INFORMATION: In January 2003, the interagency eRulemaking 
Program launched http://www.regulations.gov to provide citizens with an 
online portal to learn about proposed regulations and to submit their 
comments on the rulemaking process. For the first time, American 
citizens could access and comment on all proposed Federal regulations 
from a single Web site.
    A software problem at http://www.regulations.gov resulted in the 
non-transmittal of public comments to some federal agencies from March 
22,

[[Page 63407]]

2008 through September 8, 2008. The software error affected only a few 
federal agencies, one of which was the FDIC. The FDIC has been assured 
that the software problem has been corrected and that safeguards are 
now in place to ensure this error will not occur for future 
rulemakings.\1\
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    \1\ Questions about the Federal eRulemaking Portal may be 
directed to John Moses, Chief, eRulemaking Program Branch, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460, (202) 566-1352, [email protected].
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    Specifically, because of the software problem, the FDIC has been 
notified that a total of two public comments relevant to FDIC 
rulemakings were filed using the Federal eRulemaking Portal at http://www.regulations.gov, but were not submitted to the FDIC.\2\ The FDIC 
was advised that one of the missing comments was filed on April 14, 
2008. This comment related to the FDIC's Notice of Proposed Rulemaking 
involving ``Processing of Deposit Accounts in the Event of an Insured 
Depository Institution Failure and Large-Bank Deposit Insurance 
Determination Modernization.'' \3\ The Federal eRulemaking Portal at 
http://www.regulations.gov has been unable to retrieve this comment or 
identify the commenter.
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    \2\ The other missing comment was filed on July 9, 2008. This 
missing comment related to the FDIC's Interim Final Rule and Request 
for Comment involving ``Financial Education Programs That Include 
the Provision of Bank Products and Services.'' 73 FR 35337 (June 23, 
2008). The FDIC subsequently finalized this interim final rule. 73 
FR 55431 (Sept. 25, 2008). The commenter whose comment was not 
received by the FDIC and which is related to that rulemaking is 
invited to submit his or her comment to the FDIC through procedures 
outlined in a second Notice of Limited Opportunity to Resubmit 
Comment published by the FDIC in the Federal Register on October 24, 
2008.
    \3\ See Notice of Proposed Rulemaking involving ``Processing of 
Deposit Accounts in the Event of an Insured Depository Institution 
Failure and Large-Bank Deposit Insurance Determination 
Modernization.'' 73 FR 2364 (Jan. 14, 2008). The FDIC subsequently 
bifurcated the proposed rule, and published an Interim Rule with 
Request for Comments relating to the ``Processing of Deposit 
Accounts in the Event of an Insured Depository Institution Failure'' 
(73 FR 41170 (July 17, 2008)) and a Final Rule relating to ``Large-
Bank Deposit Insurance Determination Modernization'' (73 FR 41180 
(July 17, 2008)).
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    The FDIC considered all public comments relating to the proposed 
rule and posted the comments for public review on its Web site at 
http://www.fdic.gov/regulations/laws/federal/. In large measure, the 
proposed rule has been finalized. To ensure fairness in its rulemaking 
process, however, the FDIC invites the commenter to resubmit his or her 
comment if they (1) Commented about either of this proposed rule on the 
date indicated, (2) used the Federal eRulemaking Portal to file their 
original comments, and (3) do not believe that their comment was 
received by the FDIC. If a commenter is unsure whether his or her 
comment was received by the FDIC, the commenter may verify receipt of 
the comment by checking the FDIC's Web site for the comment at http://www.fdic.gov/regulations/laws/federal/ or by contacting the FDIC's 
Public Information Center using the contact information indicated 
above.

    Dated the 20th of October 2008.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
 [FR Doc. E8-25376 Filed 10-23-08; 8:45 am]
BILLING CODE 6714-01-P