80_FR_65819 80 FR 65612 - Removal of Transferred OTS Regulations Regarding Electronic Operations

80 FR 65612 - Removal of Transferred OTS Regulations Regarding Electronic Operations

FEDERAL DEPOSIT INSURANCE CORPORATION

Federal Register Volume 80, Issue 207 (October 27, 2015)

Page Range65612-65614
FR Document2015-27292

The Federal Deposit Insurance Corporation (``FDIC'') is adopting a final rule to rescind and remove from the Code of Federal Regulations the transferred regulation entitled ``Electronic Operations.'' This regulation was included in the regulations that were transferred to the FDIC from the Office of Thrift Supervision (``OTS'') on July 21, 2011, in connection with the implementation of applicable provisions of title III of the Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act''). There is no corresponding FDIC Electronic Operations rule and the rule is deemed obsolete, unnecessary, and burdensome. Therefore, the FDIC has decided to rescind and remove the regulation in its entirety.

Federal Register, Volume 80 Issue 207 (Tuesday, October 27, 2015)
[Federal Register Volume 80, Number 207 (Tuesday, October 27, 2015)]
[Rules and Regulations]
[Pages 65612-65614]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27292]


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FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Part 390

RIN 3064-AE19


Removal of Transferred OTS Regulations Regarding Electronic 
Operations

AGENCY: Federal Deposit Insurance Corporation.

ACTION: Final rule.

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SUMMARY: The Federal Deposit Insurance Corporation (``FDIC'') is 
adopting a final rule to rescind and remove from the Code of Federal 
Regulations the transferred regulation entitled ``Electronic 
Operations.'' This regulation was included in the regulations that were 
transferred to the FDIC from the Office of Thrift Supervision (``OTS'') 
on July 21, 2011, in connection with the implementation of applicable 
provisions of title III of the Dodd-Frank Wall Street Reform and 
Consumer Protection Act (``Dodd-Frank Act''). There is no corresponding 
FDIC Electronic Operations rule and the rule is deemed obsolete, 
unnecessary, and burdensome. Therefore, the FDIC has decided to rescind 
and remove the regulation in its entirety.

DATES: The final rule is effective on November 27, 2015.

FOR FURTHER INFORMATION CONTACT: Jennifer Maree, Legal Division, (202) 
898-6543; Frederick Coleman, Division of Risk Management Supervision, 
(703) 254-0452.

SUPPLEMENTARY INFORMATION:

I. Background

A. The Dodd-Frank Act

    Title III of the Dodd-Frank Act \1\ provided for a substantial 
reorganization of the regulation of State and Federal savings 
associations and their holding companies. Beginning July 21, 2011, the 
transfer date established by section 311 of the Dodd-Frank Act, 
codified at 12 U.S.C. 5411, the powers, duties, and functions formerly 
performed by the OTS were divided among the FDIC, as to State savings 
associations, the Office of the Comptroller of the Currency (``OCC''), 
as to Federal savings associations, and the Board of Governors of the 
Federal Reserve System (``FRB''), as to savings and loan holding 
companies. Section 316(b) of the Dodd-Frank Act, codified at 12 U.S.C. 
5414(b), provides the manner of treatment for all orders, resolutions, 
determinations, regulations, and advisory materials that had been 
issued, made, prescribed, or allowed to become effective by the OTS. 
The section provides that if such materials were in effect on the day 
before the transfer date, they continue to be in effect and are 
enforceable by or against the appropriate successor agency until they 
are modified, terminated, set aside, or superseded in accordance with 
applicable law by such successor agency, by any court of competent 
jurisdiction, or by operation of law.
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    \1\ Dodd-Frank Wall Street Reform and Consumer Protection Act, 
Public Law 111-203, 124 Stat. 1376 (2010).
---------------------------------------------------------------------------

    Section 316(c) of the Dodd-Frank Act, codified at 12 U.S.C. 
5414(c), further directed the FDIC and the OCC to consult with one 
another and to publish a list of the continued OTS regulations which 
would be enforced by the FDIC and the OCC, respectively. On June 14, 
2011, the FDIC's Board of Directors approved a ``List of OTS 
Regulations to be Enforced by the OCC and the FDIC Pursuant to the 
Dodd-Frank Wall Street Reform and Consumer Protection Act.'' This list 
was published by the FDIC and the OCC as a Joint Notice in the Federal 
Register on July 6, 2011.\2\
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    \2\ 76 FR 39247 (July 6, 2011).
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    Although section 312(b)(2)(B)(i)(II) of the Dodd-Frank Act, 
codified at 12 U.S.C. 5412(b)(2)(B)(i)(II), granted the OCC rulemaking 
authority relating to both State and Federal savings associations, 
nothing in the Dodd-Frank Act affected the FDIC's existing authority to 
issue regulations under the Federal Deposit Insurance Act (``FDI Act'') 
and other laws as the ``appropriate Federal banking agency'' or under 
similar statutory terminology. Section 312(c) of the Dodd-Frank Act 
amended the definition of ``appropriate Federal banking agency'' 
contained in section 3(q) of the FDI Act, 12 U.S.C. 1813(q), to add 
State savings associations to the list of entities for which the FDIC 
is designated as the ``appropriate Federal banking agency.'' As a 
result, when the FDIC acts as the designated ``appropriate Federal 
banking agency'' (or under similar terminology) for State savings 
associations, as it does here, the FDIC is authorized to issue, modify 
and rescind regulations involving such associations, as well as for 
State nonmember banks and insured branches of foreign banks.
    As noted, on June 14, 2011, pursuant to this authority, the FDIC's 
Board of Directors reissued and redesignated certain transferring OTS 
regulations. These transferred OTS regulations were published as new 
FDIC regulations in the Federal Register on August 5, 2011.\3\ When it 
republished the transferred OTS regulations as new FDIC regulations, 
the FDIC specifically noted that its staff would evaluate the 
transferred OTS rules and might later recommend incorporating the 
transferred OTS regulations into other FDIC rules, amending them, or 
rescinding them, as appropriate.
---------------------------------------------------------------------------

    \3\ 76 FR 47652 (Aug. 5, 2011).
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    One of the OTS rules transferred to the FDIC requires State savings 
associations to notify the FDIC at least 30 days before establishing a 
transactional Web site. The OTS rule, formerly found at 12 CFR part 
555, subpart B (``part 555, subpart B''), was transferred to the FDIC 
with only technical changes and is now found in the FDIC's rules at 12 
CFR part 390, subpart L (``part 390, subpart L''), entitled 
``Electronic Operations.'' The FDIC has no such corresponding rule. 
After careful review of part 390, subpart L, the FDIC has decided to 
rescind part 390, subpart L, in its entirety, because, as discussed 
below, it is obsolete, unnecessary, and burdensome.

II. Proposed Rule

A. Removal of Part 390, Subpart L (Former OTS Part 555, Subpart B)

    On July 21, 2014, the FDIC published a Notice of Proposed 
Rulemaking (``Proposed Rule'') regarding the removal of part 390, 
subpart L, which governs electronic operations of State savings 
associations.\4\ The Proposed Rule would have removed part 390, subpart 
L, from the CFR in an effort to streamline FDIC regulations for all 
FDIC-supervised institutions. As discussed in the Proposed Rule, the 
FDIC carefully reviewed the transferred rule, part 390, subpart L, and 
determined that it should be rescinded because it is obsolete, 
unnecessary, and burdensome.
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    \4\ 79 FR 42231 (July 21, 2014).
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III. Comments

    The FDIC issued the Proposed Rule with a 60-day comment period, 
which closed on September 19, 2014. No comments on the Proposed Rule 
were received by the FDIC. Consequently, the final rule (``Final 
Rule'') is adopted as proposed without any changes.

IV. Explanation of the Final Rule

    As discussed in the Proposed Rule, the OTS enacted the Electronic 
Operations rule, part 390, subpart L,

[[Page 65613]]

unilaterally. This rule required savings associations to file a written 
notice with the OTS at least 30 days before establishing a 
transactional Web site. Neither the FDIC, the OCC, nor the FRB has a 
regulatory notice requirement similar to the Electronic Operations rule 
that requires insured depository institutions to notify the respective 
agency if they intend to establish transactional Web sites. Rescinding 
and removing the Electronic Operations rule will serve to streamline 
the FDIC's rules and eliminate obsolete, unnecessary, and burdensome 
regulations. It will also facilitate uniform supervision regarding 
notification requirements for electronic operation for all FDIC-
supervised insured depository institutions. Accordingly, the Final Rule 
removes and rescinds part 390, subpart L, in its entirety.

V. Administrative Law Matters

A. The Paperwork Reduction Act

    In accordance with the requirements of the Paperwork Reduction Act 
(``PRA'') of 1995, 44 U.S.C. 3501-3521, the FDIC may not conduct or 
sponsor, and the respondent is not required to respond to, an 
information collection unless it displays a currently valid Office of 
Management and Budget (``OMB'') control number.
    The Final Rule rescinds and removes from FDIC regulations part 390, 
subpart L, because it is obsolete, unnecessary, and burdensome. This 
rule was transferred with only nominal changes to the FDIC from the OTS 
when the OTS was abolished by title III of the Dodd-Frank Act. In 
republishing this rule, the FDIC made only technical changes to 
existing OTS regulations. The FDIC does not have a regulatory notice 
requirement similar to the Electronic Operations rule that requires 
insured depository institutions to notify the FDIC if they intend to 
set up transactional Web sites and, therefore, never established an 
information collection to account for the paperwork burden imposed on 
the public.
    The Final Rule will neither create any new information collection 
nor modify any of the FDIC's existing information collections. 
Accordingly, the FDIC will not submit any information collection 
request to OMB.

B. The Regulatory Flexibility Act

    The Regulatory Flexibility Act (``RFA''),\5\ generally requires an 
agency to consider whether a final rule will have a significant 
economic impact on a substantial number of small entities (defined in 
regulations promulgated by the Small Business Administration to include 
banking organizations with total assets of less than or equal to $500 
million).\6\ Pursuant to section 605(b) of the RFA, a final regulatory 
flexibility analysis is not required if the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities, and publishes its certification and a short 
explanatory statement in the Federal Register together with the rule. 
For the reasons provided below, the FDIC certifies that the Final Rule 
will not have a significant economic impact on a substantial number of 
small entities. Accordingly, a regulatory flexibility analysis is not 
required.
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    \5\ 5 U.S.C. 601 et seq.
    \6\ 78 FR 37409, 37411 (June 20, 2013).
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    As discussed in the Proposed Rulemaking, part 390, subpart L, was 
transferred from part 555, subpart B, which governed notification 
provisions for savings associations that intended to establish 
transactional Web sites. Part 555, subpart B became effective on 
January 1, 1999, and all savings associations were required to comply 
with it. The FDIC's Final Rule rescinds and removes part 390, subpart 
L, because it is obsolete, unnecessary, and burdensome. Since the 
Electronic Operations rule is being rescinded, the Final Rule will 
reduce the paperwork and other regulatory burdens on State savings 
associations by eliminating the requirement to provide the FDIC with 
notice before establishing a transactional Web site. Therefore, the 
Final Rule will have no significant economic impact on any State 
savings association.

C. Small Business Regulatory Enforcement Fairness Act

    The Office of Management and Budget has determined that the Final 
Rule is not a ``major rule'' within the meaning of the Small Business 
Regulatory Enforcement Fairness Act of 1996 (``SBREFA''), 5 U.S.C. 801 
et seq.

D. Plain Language

    Section 722 of the Gramm-Leach-Bliley Act, 12 U.S.C. 4809, requires 
each Federal banking agency to use plain language in all of its 
proposed and final rules published after January 1, 2000. In the 
Proposed Rule, the FDIC invited comments on whether the Proposed Rule 
was clearly stated and effectively organized, and how the FDIC might 
make it easier to understand. Although the FDIC did not receive any 
comments, the FDIC sought to present the Final Rule in a simple and 
straightforward manner.

E. The Economic Growth and Regulatory Paperwork Reduction Act

    Under section 2222 of the Economic Growth and Regulatory Paperwork 
Reduction Act of 1996 (``EGRPRA''), the FDIC is required to review all 
of its regulations, at least once every 10 years, in order to identify 
any outdated or otherwise unnecessary regulations imposed on insured 
institutions.\7\ The FDIC completed the last comprehensive review of 
its regulations under EGRPRA in 2006 and is commencing the next 
decennial review, which is expected to be completed by 2016. The 
Proposed Rule solicited comments on whether the proposed rescission of 
part 390, subpart L would impose any outdated or unnecessary regulatory 
requirements on insured depository institutions. No comments on this 
issue were received. Upon review, the FDIC does not believe that 
rescinding part 390, subpart L, imposes any outdated or unnecessary 
regulatory requirements on any insured depository institutions. Rather, 
because the Electronic Operations rule is being rescinded, the Final 
Rule eliminates an outdated and unnecessary regulatory burden on State 
savings associations by eliminating the requirement to provide the FDIC 
with notice before establishing a transactional Web site.
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    \7\ Public Law 104-208, 110 Stat. 3009 (1996).
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List of Subjects in 12 CFR Part 390

    Banks, banking; electronic operations; savings associations.

Authority and Issuance

    For the reasons stated in the preamble, the Board of Directors of 
the FDIC amends 12 CFR part 390 of the Code of Federal Regulations as 
follows:

PART 390--REGULATIONS TRANSFERRED FROM THE OFFICE OF THRIFT 
SUPERVISION

0
1. The authority citation for part 390 is revised to read as follows:

    Authority: 12 U.S.C. 1819.

    Subpart A also issued under 12 U.S.C. 1820.
    Subpart B also issued under 12 U.S.C. 1818.
    Subpart C also issued under 5 U.S.C. 504; 554-557; 12 U.S.C. 
1464; 1467; 1468; 1817; 1818; 1820; 1829; 3349, 4717; 15 U.S.C. 78 
l; 78o-5; 78u-2; 28 U.S.C. 2461 note; 31 U.S.C. 5321; 42 U.S.C. 
4012a.
    Subpart D also issued under 12 U.S.C. 1817; 1818; 1820; 15 
U.S.C. 78 l.
    Subpart E also issued under 12 U.S.C. 1813; 1831m; 15 U.S.C. 78.
    Subpart F also issued under 5 U.S.C. 552; 559; 12 U.S.C. 2901 et 
seq.

[[Page 65614]]

    Subpart G also issued under 12 U.S.C. 2810 et seq., 2901 et 
seq.; 15 U.S.C. 1691; 42 U.S.C. 1981, 1982, 3601-3619.
    Subpart H also issued under 12 U.S.C. 1464; 1831y.
    Subpart I also issued under 12 U.S.C. 1831x.
    Subpart J also issued under 12 U.S.C. 1831p-1.
    Subpart M also issued under 12 U.S.C. 1818.
    Subpart N also issued under 12 U.S.C. 1821.
    Subpart O also issued under 12 U.S.C. 1828.
    Subpart P also issued under 12 U.S.C. 1470; 1831e; 1831n; 1831p-
1; 3339.
    Subpart Q also issued under 12 U.S.C. 1462; 1462a; 1463; 1464.
    Subpart R also issued under 12 U.S.C. 1463; 1464; 1831m; 1831n; 
1831p-1.
    Subpart S also issued under 12 U.S.C. 1462; 1462a; 1463; 1464; 
1468a; 1817; 1820; 1828; 1831e; 1831o; 1831p-1; 1881-1884; 3207; 
3339; 15 U.S.C. 78b; 78 l; 78m; 78n; 78p; 78q; 78w; 31 U.S.C. 5318; 
42 U.S.C. 4106.
    Subpart T also issued under 12 U.S.C. 1462a; 1463; 1464; 15 
U.S.C. 78c; 78 l; 78m; 78n; 78w.
    Subpart U also issued under 12 U.S.C. 1462a; 1463; 1464; 15 
U.S.C. 78c; 78 l; 78m; 78n; 78p; 78w; 78d-1; 7241; 7242; 7243; 7244; 
7261; 7264; 7265.
    Subpart V also issued under 12 U.S.C. 3201-3208.
    Subpart W also issued under 12 U.S.C. 1462a; 1463; 1464; 15 
U.S.C. 78c; 78 l; 78m; 78n; 78p; 78w.
    Subpart X also issued under 12 U.S.C. 1462; 1462a; 1463; 1464; 
1828; 3331 et seq.
    Subpart Y also issued under 12 U.S.C. 1831o.
    Subpart Z also issued under 12 U.S.C. 1462; 1462a; 1463; 1464; 
1828 (note).

Subpart L--[Removed and Reserved]

0
2. Remove and reserve subpart L, consisting of Sec. Sec.  390.220 
through 390.222.

    Dated at Washington, DC, this 22nd day of October, 2015.

    By order of the Board of Directors.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2015-27292 Filed 10-26-15; 8:45 am]
BILLING CODE 6714-01-P



                                            65612            Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Rules and Regulations

                                            CFR 591.205 not located within another                  associations, and the Board of                         Directors reissued and redesignated
                                            locality pay area.                                      Governors of the Federal Reserve                       certain transferring OTS regulations.
                                            [FR Doc. 2015–27380 Filed 10–26–15; 8:45 am]            System (‘‘FRB’’), as to savings and loan               These transferred OTS regulations were
                                            BILLING CODE 6325–39–P
                                                                                                    holding companies. Section 316(b) of                   published as new FDIC regulations in
                                                                                                    the Dodd-Frank Act, codified at 12                     the Federal Register on August 5, 2011.3
                                                                                                    U.S.C. 5414(b), provides the manner of                 When it republished the transferred
                                                                                                    treatment for all orders, resolutions,                 OTS regulations as new FDIC
                                            FEDERAL DEPOSIT INSURANCE
                                                                                                    determinations, regulations, and                       regulations, the FDIC specifically noted
                                            CORPORATION
                                                                                                    advisory materials that had been issued,               that its staff would evaluate the
                                            12 CFR Part 390                                         made, prescribed, or allowed to become                 transferred OTS rules and might later
                                                                                                    effective by the OTS. The section                      recommend incorporating the
                                            RIN 3064–AE19                                           provides that if such materials were in                transferred OTS regulations into other
                                                                                                    effect on the day before the transfer                  FDIC rules, amending them, or
                                            Removal of Transferred OTS                              date, they continue to be in effect and                rescinding them, as appropriate.
                                            Regulations Regarding Electronic                        are enforceable by or against the                         One of the OTS rules transferred to
                                            Operations                                              appropriate successor agency until they                the FDIC requires State savings
                                            AGENCY:  Federal Deposit Insurance                      are modified, terminated, set aside, or                associations to notify the FDIC at least
                                            Corporation.                                            superseded in accordance with                          30 days before establishing a
                                            ACTION: Final rule.                                     applicable law by such successor                       transactional Web site. The OTS rule,
                                                                                                    agency, by any court of competent                      formerly found at 12 CFR part 555,
                                            SUMMARY:    The Federal Deposit                         jurisdiction, or by operation of law.                  subpart B (‘‘part 555, subpart B’’), was
                                            Insurance Corporation (‘‘FDIC’’) is                        Section 316(c) of the Dodd-Frank Act,               transferred to the FDIC with only
                                            adopting a final rule to rescind and                    codified at 12 U.S.C. 5414(c), further                 technical changes and is now found in
                                            remove from the Code of Federal                         directed the FDIC and the OCC to                       the FDIC’s rules at 12 CFR part 390,
                                            Regulations the transferred regulation                  consult with one another and to publish                subpart L (‘‘part 390, subpart L’’),
                                            entitled ‘‘Electronic Operations.’’ This                a list of the continued OTS regulations                entitled ‘‘Electronic Operations.’’ The
                                            regulation was included in the                          which would be enforced by the FDIC                    FDIC has no such corresponding rule.
                                            regulations that were transferred to the                and the OCC, respectively. On June 14,                 After careful review of part 390, subpart
                                            FDIC from the Office of Thrift                          2011, the FDIC’s Board of Directors                    L, the FDIC has decided to rescind part
                                            Supervision (‘‘OTS’’) on July 21, 2011,                 approved a ‘‘List of OTS Regulations to                390, subpart L, in its entirety, because,
                                            in connection with the implementation                   be Enforced by the OCC and the FDIC                    as discussed below, it is obsolete,
                                            of applicable provisions of title III of the            Pursuant to the Dodd-Frank Wall Street                 unnecessary, and burdensome.
                                            Dodd-Frank Wall Street Reform and                       Reform and Consumer Protection Act.’’
                                                                                                                                                           II. Proposed Rule
                                            Consumer Protection Act (‘‘Dodd-Frank                   This list was published by the FDIC and
                                            Act’’). There is no corresponding FDIC                  the OCC as a Joint Notice in the Federal               A. Removal of Part 390, Subpart L
                                            Electronic Operations rule and the rule                 Register on July 6, 2011.2                             (Former OTS Part 555, Subpart B)
                                            is deemed obsolete, unnecessary, and                       Although section 312(b)(2)(B)(i)(II) of                On July 21, 2014, the FDIC published
                                            burdensome. Therefore, the FDIC has                     the Dodd-Frank Act, codified at 12                     a Notice of Proposed Rulemaking
                                            decided to rescind and remove the                       U.S.C. 5412(b)(2)(B)(i)(II), granted the               (‘‘Proposed Rule’’) regarding the
                                            regulation in its entirety.                             OCC rulemaking authority relating to                   removal of part 390, subpart L, which
                                                                                                    both State and Federal savings                         governs electronic operations of State
                                            DATES: The final rule is effective on
                                                                                                    associations, nothing in the Dodd-Frank                savings associations.4 The Proposed
                                            November 27, 2015.
                                                                                                    Act affected the FDIC’s existing                       Rule would have removed part 390,
                                            FOR FURTHER INFORMATION CONTACT:                        authority to issue regulations under the
                                            Jennifer Maree, Legal Division, (202)                                                                          subpart L, from the CFR in an effort to
                                                                                                    Federal Deposit Insurance Act (‘‘FDI                   streamline FDIC regulations for all
                                            898–6543; Frederick Coleman, Division                   Act’’) and other laws as the ‘‘appropriate
                                            of Risk Management Supervision, (703)                                                                          FDIC-supervised institutions. As
                                                                                                    Federal banking agency’’ or under                      discussed in the Proposed Rule, the
                                            254–0452.                                               similar statutory terminology. Section                 FDIC carefully reviewed the transferred
                                            SUPPLEMENTARY INFORMATION:                              312(c) of the Dodd-Frank Act amended                   rule, part 390, subpart L, and
                                            I. Background                                           the definition of ‘‘appropriate Federal                determined that it should be rescinded
                                                                                                    banking agency’’ contained in section                  because it is obsolete, unnecessary, and
                                            A. The Dodd-Frank Act                                   3(q) of the FDI Act, 12 U.S.C. 1813(q),                burdensome.
                                               Title III of the Dodd-Frank Act 1                    to add State savings associations to the
                                            provided for a substantial reorganization               list of entities for which the FDIC is                 III. Comments
                                            of the regulation of State and Federal                  designated as the ‘‘appropriate Federal                   The FDIC issued the Proposed Rule
                                            savings associations and their holding                  banking agency.’’ As a result, when the                with a 60-day comment period, which
                                            companies. Beginning July 21, 2011, the                 FDIC acts as the designated                            closed on September 19, 2014. No
                                            transfer date established by section 311                ‘‘appropriate Federal banking agency’’                 comments on the Proposed Rule were
                                            of the Dodd-Frank Act, codified at 12                   (or under similar terminology) for State               received by the FDIC. Consequently, the
                                            U.S.C. 5411, the powers, duties, and                    savings associations, as it does here, the             final rule (‘‘Final Rule’’) is adopted as
                                            functions formerly performed by the                     FDIC is authorized to issue, modify and                proposed without any changes.
                                            OTS were divided among the FDIC, as                     rescind regulations involving such
                                                                                                    associations, as well as for State                     IV. Explanation of the Final Rule
tkelley on DSK3SPTVN1PROD with RULES




                                            to State savings associations, the Office
                                            of the Comptroller of the Currency                      nonmember banks and insured branches                     As discussed in the Proposed Rule,
                                            (‘‘OCC’’), as to Federal savings                        of foreign banks.                                      the OTS enacted the Electronic
                                                                                                       As noted, on June 14, 2011, pursuant                Operations rule, part 390, subpart L,
                                              1 Dodd-Frank Wall Street Reform and Consumer          to this authority, the FDIC’s Board of
                                                                                                                                                             3 76   FR 47652 (Aug. 5, 2011).
                                            Protection Act, Public Law 111–203, 124 Stat. 1376
                                            (2010).                                                   2 76   FR 39247 (July 6, 2011).                        4 79   FR 42231 (July 21, 2014).



                                       VerDate Sep<11>2014   16:49 Oct 26, 2015   Jkt 238001   PO 00000   Frm 00006    Fmt 4700   Sfmt 4700   E:\FR\FM\27OCR1.SGM    27OCR1


                                                               Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Rules and Regulations                                                     65613

                                            unilaterally. This rule required savings                  (defined in regulations promulgated by                 E. The Economic Growth and Regulatory
                                            associations to file a written notice with                the Small Business Administration to                   Paperwork Reduction Act
                                            the OTS at least 30 days before                           include banking organizations with total
                                            establishing a transactional Web site.                    assets of less than or equal to $500                      Under section 2222 of the Economic
                                            Neither the FDIC, the OCC, nor the FRB                    million).6 Pursuant to section 605(b) of               Growth and Regulatory Paperwork
                                            has a regulatory notice requirement                       the RFA, a final regulatory flexibility                Reduction Act of 1996 (‘‘EGRPRA’’), the
                                            similar to the Electronic Operations rule                 analysis is not required if the agency                 FDIC is required to review all of its
                                            that requires insured depository                          certifies that the rule will not have a                regulations, at least once every 10 years,
                                            institutions to notify the respective                     significant economic impact on a                       in order to identify any outdated or
                                            agency if they intend to establish                        substantial number of small entities,                  otherwise unnecessary regulations
                                            transactional Web sites. Rescinding and                   and publishes its certification and a                  imposed on insured institutions.7 The
                                            removing the Electronic Operations rule                   short explanatory statement in the                     FDIC completed the last comprehensive
                                            will serve to streamline the FDIC’s rules                 Federal Register together with the rule.               review of its regulations under EGRPRA
                                            and eliminate obsolete, unnecessary,                      For the reasons provided below, the                    in 2006 and is commencing the next
                                            and burdensome regulations. It will also                  FDIC certifies that the Final Rule will                decennial review, which is expected to
                                            facilitate uniform supervision regarding                  not have a significant economic impact                 be completed by 2016. The Proposed
                                            notification requirements for electronic                  on a substantial number of small                       Rule solicited comments on whether the
                                            operation for all FDIC-supervised                         entities. Accordingly, a regulatory                    proposed rescission of part 390, subpart
                                            insured depository institutions.                          flexibility analysis is not required.                  L would impose any outdated or
                                            Accordingly, the Final Rule removes                          As discussed in the Proposed                        unnecessary regulatory requirements on
                                            and rescinds part 390, subpart L, in its                  Rulemaking, part 390, subpart L, was                   insured depository institutions. No
                                            entirety.                                                 transferred from part 555, subpart B,                  comments on this issue were received.
                                                                                                      which governed notification provisions                 Upon review, the FDIC does not believe
                                            V. Administrative Law Matters                             for savings associations that intended to              that rescinding part 390, subpart L,
                                            A. The Paperwork Reduction Act                            establish transactional Web sites. Part                imposes any outdated or unnecessary
                                                                                                      555, subpart B became effective on                     regulatory requirements on any insured
                                               In accordance with the requirements                    January 1, 1999, and all savings                       depository institutions. Rather, because
                                            of the Paperwork Reduction Act                            associations were required to comply                   the Electronic Operations rule is being
                                            (‘‘PRA’’) of 1995, 44 U.S.C. 3501–3521,                   with it. The FDIC’s Final Rule rescinds                rescinded, the Final Rule eliminates an
                                            the FDIC may not conduct or sponsor,                      and removes part 390, subpart L,                       outdated and unnecessary regulatory
                                            and the respondent is not required to                     because it is obsolete, unnecessary, and               burden on State savings associations by
                                            respond to, an information collection                     burdensome. Since the Electronic                       eliminating the requirement to provide
                                            unless it displays a currently valid                      Operations rule is being rescinded, the                the FDIC with notice before establishing
                                            Office of Management and Budget                           Final Rule will reduce the paperwork                   a transactional Web site.
                                            (‘‘OMB’’) control number.                                 and other regulatory burdens on State
                                               The Final Rule rescinds and removes                                                                           List of Subjects in 12 CFR Part 390
                                                                                                      savings associations by eliminating the
                                            from FDIC regulations part 390, subpart                   requirement to provide the FDIC with                     Banks, banking; electronic operations;
                                            L, because it is obsolete, unnecessary,                   notice before establishing a                           savings associations.
                                            and burdensome. This rule was                             transactional Web site. Therefore, the
                                            transferred with only nominal changes                     Final Rule will have no significant                    Authority and Issuance
                                            to the FDIC from the OTS when the OTS                     economic impact on any State savings
                                            was abolished by title III of the Dodd-                                                                            For the reasons stated in the
                                                                                                      association.                                           preamble, the Board of Directors of the
                                            Frank Act. In republishing this rule, the
                                            FDIC made only technical changes to                       C. Small Business Regulatory                           FDIC amends 12 CFR part 390 of the
                                            existing OTS regulations. The FDIC does                   Enforcement Fairness Act                               Code of Federal Regulations as follows:
                                            not have a regulatory notice requirement                     The Office of Management and Budget                 PART 390—REGULATIONS
                                            similar to the Electronic Operations rule                 has determined that the Final Rule is                  TRANSFERRED FROM THE OFFICE OF
                                            that requires insured depository                          not a ‘‘major rule’’ within the meaning                THRIFT SUPERVISION
                                            institutions to notify the FDIC if they                   of the Small Business Regulatory
                                            intend to set up transactional Web sites                  Enforcement Fairness Act of 1996
                                                                                                                                                             ■  1. The authority citation for part 390
                                            and, therefore, never established an                      (‘‘SBREFA’’), 5 U.S.C. 801 et seq.
                                                                                                                                                             is revised to read as follows:
                                            information collection to account for the
                                                                                                      D. Plain Language                                          Authority: 12 U.S.C. 1819.
                                            paperwork burden imposed on the
                                            public.                                                     Section 722 of the Gramm-Leach-                         Subpart A also issued under 12 U.S.C.
                                               The Final Rule will neither create any                 Bliley Act, 12 U.S.C. 4809, requires each              1820.
                                            new information collection nor modify                     Federal banking agency to use plain                       Subpart B also issued under 12 U.S.C.
                                            any of the FDIC’s existing information                    language in all of its proposed and final              1818.
                                            collections. Accordingly, the FDIC will                   rules published after January 1, 2000. In                 Subpart C also issued under 5 U.S.C. 504;
                                            not submit any information collection                     the Proposed Rule, the FDIC invited                    554–557; 12 U.S.C. 1464; 1467; 1468; 1817;
                                                                                                      comments on whether the Proposed                       1818; 1820; 1829; 3349, 4717; 15 U.S.C. 78
                                            request to OMB.                                                                                                  l; 78o–5; 78u–2; 28 U.S.C. 2461 note; 31
                                                                                                      Rule was clearly stated and effectively
                                            B. The Regulatory Flexibility Act                                                                                U.S.C. 5321; 42 U.S.C. 4012a.
                                                                                                      organized, and how the FDIC might                         Subpart D also issued under 12 U.S.C.
                                               The Regulatory Flexibility Act                         make it easier to understand. Although                 1817; 1818; 1820; 15 U.S.C. 78 l.
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                                            (‘‘RFA’’),5 generally requires an agency                  the FDIC did not receive any comments,                    Subpart E also issued under 12 U.S.C.
                                            to consider whether a final rule will                     the FDIC sought to present the Final                   1813; 1831m; 15 U.S.C. 78.
                                            have a significant economic impact on                     Rule in a simple and straightforward                      Subpart F also issued under 5 U.S.C. 552;
                                            a substantial number of small entities                    manner.                                                559; 12 U.S.C. 2901 et seq.

                                              55   U.S.C. 601 et seq.                                   6 78   FR 37409, 37411 (June 20, 2013).                  7 Public   Law 104–208, 110 Stat. 3009 (1996).



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                                            65614            Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Rules and Regulations

                                               Subpart G also issued under 12 U.S.C. 2810           DEPARTMENT OF TRANSPORTATION                          evaluation, any comments received, and
                                            et seq., 2901 et seq.; 15 U.S.C. 1691; 42 U.S.C.                                                              other information. The address for the
                                            1981, 1982, 3601–3619.                                  Federal Aviation Administration                       Docket Office (phone: 800–647–5527) is
                                               Subpart H also issued under 12 U.S.C.                                                                      Document Management Facility, U.S.
                                            1464; 1831y.                                            14 CFR Part 39                                        Department of Transportation, Docket
                                               Subpart I also issued under 12 U.S.C.                                                                      Operations, M–30, West Building
                                                                                                    [Docket No. FAA–2015–0787; Directorate
                                            1831x.                                                                                                        Ground Floor, Room W12–140, 1200
                                                                                                    Identifier 2015–NE–10–AD; Amendment 39–
                                               Subpart J also issued under 12 U.S.C.                18307; AD 2015–22–03]                                 New Jersey Avenue SE., Washington,
                                            1831p–1.                                                                                                      DC 20590.
                                               Subpart M also issued under 12 U.S.C.                RIN 2120–AA64
                                                                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                            1818.                                                                                                         Katheryn Malatek, Aerospace Engineer,
                                               Subpart N also issued under 12 U.S.C.                Airworthiness Directives; Pratt &
                                                                                                    Whitney Division Turbofan Engines                     Engine Certification Office, FAA, Engine
                                            1821.                                                                                                         & Propeller Directorate, 12 New England
                                               Subpart O also issued under 12 U.S.C.                AGENCY:  Federal Aviation                             Executive Park, Burlington, MA 01803;
                                            1828.                                                   Administration (FAA), DOT.                            phone: 781–238–7747; fax: 781–238–
                                               Subpart P also issued under 12 U.S.C.                                                                      7199; email: katheryn.malatek@faa.gov.
                                                                                                    ACTION: Final rule.
                                            1470; 1831e; 1831n; 1831p–1; 3339.
                                                                                                                                                          SUPPLEMENTARY INFORMATION:
                                               Subpart Q also issued under 12 U.S.C.                SUMMARY:    We are adopting a new
                                            1462; 1462a; 1463; 1464.                                airworthiness directive (AD) for all Pratt            Discussion
                                               Subpart R also issued under 12 U.S.C.                & Whitney Division (PW) PW4164,                         We issued a notice of proposed
                                            1463; 1464; 1831m; 1831n; 1831p–1.                      PW4168, PW4168A, PW4164C,                             rulemaking (NPRM) to amend 14 CFR
                                               Subpart S also issued under 12 U.S.C.                PW4164C/B, PW4164–1D, PW4168–1D,                      part 39 by adding an AD that would
                                            1462; 1462a; 1463; 1464; 1468a; 1817; 1820;             PW4168A–1D, PW4170, PW4164C–1D,                       apply to all PW PW4164, PW4168,
                                            1828; 1831e; 1831o; 1831p–1; 1881–1884;                 PW4164C/B–1D, PW4050, PW4052,                         PW4168A, PW4164C, PW4164C/B,
                                            3207; 3339; 15 U.S.C. 78b; 78 l; 78m; 78n;              PW4056, PW4060, PW4060A,                              PW4164–1D, PW4168–1D, PW4168A–
                                            78p; 78q; 78w; 31 U.S.C. 5318; 42 U.S.C.                PW4060C, PW4062, PW4062A,                             1D, PW4170, PW4164C–1D, PW4164C/
                                            4106.
                                                                                                    PW4152, PW4156, PW4156A, PW4158,                      B–1D, PW4050, PW4052, PW4056,
                                               Subpart T also issued under 12 U.S.C.
                                                                                                    PW4160, PW4460, PW4462, and                           PW4060, PW4060A, PW4060C,
                                            1462a; 1463; 1464; 15 U.S.C. 78c; 78 l; 78m;
                                                                                                    PW4650 turbofan engines including                     PW4062, PW4062A, PW4152, PW4156,
                                            78n; 78w.
                                                                                                    models with a ‘‘–3’’ suffix with a low-               PW4156A, PW4158, PW4160, PW4460,
                                               Subpart U also issued under 12 U.S.C.
                                                                                                    pressure turbine (LPT) 4th stage inner                PW4462, and PW4650 turbofan engines
                                            1462a; 1463; 1464; 15 U.S.C. 78c; 78 l; 78m;
                                                                                                    air seal (IAS), part number (P/N)                     including models with a ‘‘–3’’ suffix
                                            78n; 78p; 78w; 78d–1; 7241; 7242; 7243;
                                                                                                    51N038, installed. This AD was                        with an LPT 4th stage IAS, P/N 51N038,
                                            7244; 7261; 7264; 7265.
                                               Subpart V also issued under 12 U.S.C.
                                                                                                    prompted by the discovery, during                     installed. The NPRM published in the
                                            3201–3208.
                                                                                                    routine overhaul of the LPT, of cracks in             Federal Register on June 1, 2015 (80 FR
                                               Subpart W also issued under 12 U.S.C.                the barrel section of the LPT 4th stage               30963). The NPRM was prompted by
                                            1462a; 1463; 1464; 15 U.S.C. 78c; 78 l; 78m;            IAS. This AD requires removal of the                  nine occasions of discovering, during
                                            78n; 78p; 78w.                                          LPT 4th stage IAS, P/N 51N038,                        routine overhaul of the LPT, cracks in
                                               Subpart X also issued under 12 U.S.C.                according to a prescribed schedule. We                the barrel section of the LPT 4th stage
                                            1462; 1462a; 1463; 1464; 1828; 3331 et seq.             are issuing this AD to prevent failure of             IAS. The NPRM proposed to require
                                               Subpart Y also issued under 12 U.S.C.                the LPT 4th stage IAS, which could lead               removal of the LPT 4th stage IAS, P/N
                                            1831o.                                                  to an uncontained IAS release, damage                 51N038, according to a prescribed
                                               Subpart Z also issued under 12 U.S.C.                to the engine, and damage to the                      schedule. We are issuing this AD to
                                            1462; 1462a; 1463; 1464; 1828 (note).                   airplane.                                             prevent failure of the LPT 4th stage IAS,
                                                                                                    DATES:    This AD is effective December 1,            which could lead to an uncontained IAS
                                            Subpart L—[Removed and Reserved]                        2015.                                                 release, damage to the engine, and
                                                                                                                                                          damage to the airplane.
                                                                                                    ADDRESSES:   For service information
                                            ■ 2. Remove and reserve subpart L,                      identified in this AD, contact Pratt &                Comments
                                            consisting of §§ 390.220 through                        Whitney Division, 400 Main St., East                    We gave the public the opportunity to
                                            390.222.                                                Hartford, CT 06108; phone: (860) 565–                 participate in developing this AD. The
                                              Dated at Washington, DC, this 22nd day of             8770; fax: (860) 565–4503. You may                    following presents the comments
                                            October, 2015.                                          view this service information at the                  received on the NPRM and the FAA’s
                                              By order of the Board of Directors.                   FAA, Engine & Propeller Directorate, 12               response to each comment.
                                                                                                    New England Executive Park,
                                            Federal Deposit Insurance Corporation.                                                                        Support for the NPRM (80 FR 30963,
                                                                                                    Burlington, MA. For information on the
                                            Robert E. Feldman,                                      availability of this material at the FAA,             June 1, 2015)
                                            Executive Secretary.                                    call (781) 238–7125.                                    The Boeing Company expressed
                                            [FR Doc. 2015–27292 Filed 10–26–15; 8:45 am]
                                                                                                    Examining the AD Docket                               support for the NPRM.
                                            BILLING CODE 6714–01–P
                                                                                                      You may examine the AD docket on                    Request To Change Definitions
                                                                                                    the Internet at http://                                 United Airlines and Delta Airlines
                                                                                                    www.regulations.gov by searching for                  requested that the Definitions paragraph
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                                                                                                    and locating Docket No. FAA–2015–                     be changed. United Airlines requested
                                                                                                    0787; or in person at the Docket                      we change the definition of LPT
                                                                                                    Management Facility between 9 a.m.                    overhaul from ‘‘maintenance which
                                                                                                    and 5 p.m., Monday through Friday,                    involves disassembly of the LPT rotor
                                                                                                    except Federal holidays. The AD docket                module’’ to ‘‘when the LPT module is
                                                                                                    contains this AD, the regulatory                      disassembled sufficiently to gain access


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Document Created: 2015-12-14 15:36:10
Document Modified: 2015-12-14 15:36:10
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThe final rule is effective on November 27, 2015.
ContactJennifer Maree, Legal Division, (202) 898-6543; Frederick Coleman, Division of Risk Management Supervision, (703) 254-0452.
FR Citation80 FR 65612 
RIN Number3064-AE19
CFR AssociatedBanks and Banking; Electronic Operations; Savings Associations

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