[Federal Register Volume 74, Number 248 (Tuesday, December 29, 2009)]
[Rules and Regulations]
[Pages 68664-68665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30846]


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DEPARTMENT OF THE TREASURY

Office of Thrift Supervision

12 CFR Part 502

[OTS No. 2009-0023]


Technical Amendments

AGENCY: Office of Thrift Supervision, Treasury.

ACTION: Final rule.

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SUMMARY: The Office of Thrift Supervision (OTS) is amending its 
regulations to incorporate technical and conforming amendments.

DATES: Effective Date: December 29, 2009.

FOR FURTHER INFORMATION CONTACT: Sandra E. Evans, Legal Information 
Assistant (Regulations), (202) 906-6086, or Marvin Shaw, Senior 
Attorney, (202) 906-6639, Regulations and Legislation Division, Chief 
Counsel's Office, Office of Thrift Supervision, 1700 G Street, NW., 
Washington, DC 20552.

SUPPLEMENTARY INFORMATION: OTS is amending its regulations to 
incorporate technical and conforming amendments to Part 502--
Assessments and Fees. The final rule makes two changes to part 502. 
First, the final rule revises section 502.26(a)(1) with respect to the 
base assessment amount for a savings and loan holding company (SHLC). 
Specifically, the final rule increases the base assessment amount from 
$3,000 to $3,500. The increase reflects the change in the Thrift 
Bulletin TB 48-27 that provides for an adjustment for inflation that is 
permissible under part 502. Second, the final rule revises section 
502.29 with respect to the condition component for a SLHC. 
Specifically, the final rule replaces the term ``unsatisfactory'' with 
the phrase ``a composite rating of 4 or 5.'' The new phrase reflects a 
change in an agency guidance titled Savings and Loan Holding Company 
Rating System issued in the Federal Register.\1\
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    \1\ 72 FR 72442, December 20, 2007.
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Administrative Procedure Act; Riegle Community Development and 
Regulatory Improvement Act of 1994

    OTS finds that there is good cause to dispense with prior notice 
and comment on this final rule and with the 30-day delay of effective 
date mandated by the Administrative Procedure Act.\2\ OTS believes that 
these procedures are unnecessary and contrary to public interest 
because the rule merely makes

[[Page 68665]]

a technical change to an existing provision.
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    \2\ 5 U.S.C. 553.
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    Section 302 of the Riegle Community Development and Regulatory 
Improvement Act of 1994 provides that regulations that impose 
additional reporting, disclosure, or other new requirements may not 
take effect before the first day of the quarter following 
publication.\3\ This section does not apply because this final rule 
imposes no additional requirements and makes only technical changes to 
existing regulations.
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    \3\ Pub. L. No. 103-325, 12 U.S.C. 4802.
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Regulatory Flexibility Act

    Pursuant to section 605(b) of the Regulatory Flexibility Act,\4\ 
the OTS Director certifies that this technical corrections regulation 
will not have a significant economic impact on a substantial number of 
small entities.
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    \4\ Pub. L. No. 96-354, 5 U.S.C. 601.
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Executive Order 12866

    OTS has determined that this rule is not a ``significant regulatory 
action'' for purposes of Executive Order 12866.

Unfunded Mandates Reform Act of 1995

    OTS has determined that the requirements of this final rule will 
not result in expenditures by State, local, and tribal governments, or 
by the private sector, of $100 million or more in any one year. 
Accordingly, a budgetary impact statement is not required under section 
202 of the Unfunded Mandates Reform Act of 1995

List of Subjects in 12 CFR Part 502

    Assessments, Reporting and recordkeeping requirements, Savings 
associations.

0
Accordingly, the Office of Thrift Supervision amends title 12, chapter 
V of the Code of Federal Regulations, as set forth below.

PART 502--ASSESSMENTS AND FEES

0
1. The authority citation for part 502 continues to read as follows:

    Authority: 5 U.S.C. 552, 559; 12 U.S.C. 1462a, 1463, 1467, 
1467a.


0
2. Revise Sec.  502.26(a)(1) as follows:


Sec.  502.26  How does OTS calculate the semi-annual assessment for 
savings and loan holding companies?

    (a) * * *
    (1) OTS will assess a base assessment amount of $3,500 on 
responsible savings and loan holding companies. The base assessment 
amount reflects OTS's estimate of the base costs of conducting on- and 
off-site supervision of a noncomplex, low risk savings and loan holding 
company structure. OTS will periodically revise this amount to reflect 
changes in inflation based on a readily available index. OTS will 
establish the revised amount of the base assessment in a Thrift 
Bulletin.
* * * * *


0
3. Revise Sec.  502.29(a) as follows:


Sec.  502.29  How does OTS determine the condition component for a 
savings and loan holding company?

    (a) If the most recent examination rating assigned to the 
responsible savings and loan holding company (or most recent 
examination rating assigned to any savings and loan holding company in 
the holding company structure) is a composite rating of 4 or 5, OTS 
will assess a charge under the condition component. The amount of the 
condition component is equal to 100 percent of the sum of the base 
assessment amount, the risk/complexity component, and any 
organizational form component.
* * * * *

    Dated: December 18, 2009.

    By the Office of Thrift Supervision.
John E. Bowman,
Acting Director.
[FR Doc. E9-30846 Filed 12-28-09; 8:45 am]
BILLING CODE 6720-01-P