80 FR 79250 - Removal of Transferred OTS Regulations Regarding Management Official Interlocks and Amendments to FDIC's Rules and Regulations
FEDERAL DEPOSIT INSURANCE CORPORATION Federal Register Volume 80, Issue 244 (December 21, 2015)
Federal Register Volume 80, Issue 244 (December 21, 2015)
| Page Range | 79250-79255 | |
| FR Document | 2015-31940 |
[Federal Register Volume 80, Number 244 (Monday, December 21, 2015)] [Rules and Regulations] [Pages 79250-79255] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-31940] ======================================================================= ----------------------------------------------------------------------- FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Parts 348 and 390 RIN 3064-AE20 Removal of Transferred OTS Regulations Regarding Management Official Interlocks and Amendments to FDIC's Rules and Regulations AGENCY: Federal Deposit Insurance Corporation. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Federal Deposit Insurance Corporation (``FDIC'') is adopting a final rule to rescind and remove from the Code of Federal Regulations the transferred OTS regulation entitled ``Management Official Interlocks.'' This subpart 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''). The requirements for State savings associations in the transferred OTS regulation are substantively similar to those in the FDIC's regulation, which is also entitled ``Management Official Interlocks'' and is applicable for all insured depository institutions (``IDIs'') for which the FDIC has been designated the appropriate Federal banking agency. DATES: The final rule is effective on January 20, 2016. FOR FURTHER INFORMATION CONTACT: Jennifer Maree, Counsel, Legal Division, (202) 898-6543; Mark Mellon, Counsel, Legal Division, (202) 898-3884; Karen Currie, Senior Examination Specialist, (202) 898-3981. SUPPLEMENTARY INFORMATION: I. Background A. The Dodd-Frank Act 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. --------------------------------------------------------------------------- \1\ Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. 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 that 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\ --------------------------------------------------------------------------- \2\ 76 FR 39247 (July 6, 2011). --------------------------------------------------------------------------- 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 [[Page 79251]] 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 regulations of the former OTS. 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). --------------------------------------------------------------------------- One of the OTS rules transferred to the FDIC governs OTS oversight of management official interlocks in the context of State savings associations. The OTS rule, formerly found at 12 CFR part 563f, was transferred to the FDIC with only minor nonsubstantive changes and is now found in the FDIC's rules at 12 CFR part 390, subpart V (``part 390, subpart V''), entitled ``Management Official Interlocks.'' Before the transfer of the OTS rules and continuing today, the FDIC's rules contained 12 CFR part 348 (``part 348''), also entitled ``Management Official Interlocks,'' a rule governing FDIC oversight of management official interlocks with respect to IDIs for which the FDIC has been designated the appropriate Federal banking agency. After careful review and comparison of part 390, subpart V and part 348, the FDIC has decided to (1) rescind part 390, subpart V, because, as discussed below, it is substantively redundant to existing part 348; and (2) simultaneously make technical conforming edits to part 348. II. Proposed Rule A. Removal of Part 390, Subpart V (Former OTS 12 CFR Part 563f) On July 21, 2014, the FDIC published a Notice of Proposed Rulemaking (``NPR'' or ``Proposed Rule'') regarding the removal of part 390, subpart V, which governs management official interlocks for State savings associations and their affiliates.\4\ The former OTS rule was transferred to the FDIC with only nominal changes. The NPR proposed removing part 390, subpart V 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 V, and compared it with part 348, an FDIC regulation that existed before the transfer of part 390, subpart V and that continues to remain in effect today. Like the transferred rule, part 348 governs management official interlocks for State nonmember insured banks and their affiliates. Although the two rules were substantively the same, minor technical and conforming amendments were proposed. --------------------------------------------------------------------------- \4\ 79 FR 42225 (July 21, 2014). --------------------------------------------------------------------------- B. Amendments to Part 348 The FDIC proposed to modify the scope of part 348, section 348.1(c), to apply to ``management officials of FDIC-supervised institutions and their affiliates'' to conform to and reflect the scope of the FDIC's current supervisory responsibilities as the appropriate Federal banking agency. The FDIC also proposed to add two new definitions into section 348.2. A newly created subsection (i) would have defined an ``FDIC-supervised institution'' as ``either an insured nonmember bank or a State savings association.'' A newly created subsection (p) would have defined ``State savings association'' as having ``the same meaning as in section 3(b)(3) of the Federal Deposit Insurance Act, 12 U.S.C. 1813(b)(3).'' The proposal would also have inserted an exemption from part 390, subpart V, section 390.403(i), into a newly created subsection (j) of section 348.4. The exemption would have allowed certain interlocking relationships for any State savings association that has issued stock in connection with a qualified stock issuance pursuant to section 10(q) of the Home Owners' Loan Act (``HOLA''). If these proposals are finalized, oversight of management official interlocks in part 348 will apply to all FDIC-supervised institutions, including State savings associations, and part 390, subpart V would be removed because it is largely redundant of those rules found in part 348. Rescinding part 390, subpart V will serve to streamline the FDIC's rules and eliminate unnecessary regulations. III. Comments The FDIC issued the NPR with a 60-day comment period, which closed on September 19, 2014. The FDIC received no comments on its Proposed Rule, and consequently the final rule (``Final Rule'') is adopted as proposed without any changes. IV. Explanation of the Final Rule As discussed in the NPR, part 390, subpart V is substantively similar to part 348, and the designation of part 348 as a single authority of management official interlocks for all FDIC-supervised institutions will serve to streamline the FDIC's rules and eliminate unnecessary regulations. To that effect, the Final Rule removes and rescinds 12 CFR part 390, subpart V in its entirety. Consistent with the Proposed Rule, the Final Rule also amends section 348.1(c) to modify the scope of part 348. The modified scope, reflecting the FDIC's current supervisory responsibilities as the appropriate Federal banking agency includes State savings associations and their subsidiaries. The Final Rule also adds two new definitions into section 348.2. A newly created subsection (i) would define an ``FDIC-supervised institution'' as ``either an insured nonmember bank or a State savings association.'' A newly created subsection (p) would define ``State savings association'' as having ``the same meaning as in section 3(b)(3) of the Federal Deposit Insurance Act, 12 U.S.C. 1813(b)(3).'' The Final Rule also inserts an exemption from part 390, subpart V, section 390.403(i), into a newly created subsection (j) of section 348.4. The exemption allows certain interlocking relationships for any State savings association that has issued stock in connection with a qualified stock issuance pursuant to section 10(q) of HOLA. 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 information collections contained in part 348 are cleared by OMB under the FDIC's ``Management Official Interlocks'' information collection (OMB No. 3064-0118). The FDIC's burden estimates were updated in connection with the collection's 2012 renewal to include State savings associations transferred from the OTS to the FDIC. The FDIC reviewed its burden estimates for the collection at the time it assumed responsibility for supervision of State savings associations transferred from the OTS and determined that no changes to the burden estimates were necessary. This Final Rule does not modify the [[Page 79252]] FDIC's existing collection and does not create any new collections of information pursuant to the PRA. Therefore, no information collection request has been submitted to the OMB for review. B. The Regulatory Flexibility Act The Regulatory Flexibility Act (``RFA''), 5 U.S.C. 601 et seq., 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 $550 million).\5\ 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. --------------------------------------------------------------------------- \5\ 5 U.S.C. 601 et seq. --------------------------------------------------------------------------- As discussed in the notice of proposed rulemaking, part 390, subpart V was transferred from OTS part 563f, which governed management official interlocks. OTS part 563f had been in effect since 1979, and all State savings associations were required to comply with it. Because it is redundant of existing part 348 of the FDIC's rules, the FDIC proposes rescinding and removing part 390, subpart V. As a result, all FDIC-supervised institutions--including State savings associations and their affiliates--would be required to comply with part 348 for management official interlocks. Because all State savings associations and their affiliates have been required to comply with substantially similar management official interlocks rules since 1979, the FDIC certifies that the Final Rule will have no significant economic impact on small entities or State savings associations. 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 NPR, 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 depository institutions.\6\ 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 NPR solicited comments on whether the proposed rescission of part 390, subpart V and amendments to part 348 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 part 348, as amended by the Final Rule, imposes any outdated or unnecessary regulatory requirements on any insured depository institutions. --------------------------------------------------------------------------- \6\ Public Law 104-208, 110 Stat. 3009 (Sept. 30, 1996). --------------------------------------------------------------------------- List of Subjects 12 CFR Part 348 Banks, banking; Management official interlocks; Savings associations 12 CFR Part 390 Management official interlocks Authority and Issuance For the reasons stated in the preamble, the Board of Directors of the Federal Deposit Insurance Corporation amends parts 348 and 390 of title 12 of the Code of Federal Regulations as follows: 0 1. Revise part 348 to read as follows: PART 348--MANAGEMENT OFFICIAL INTERLOCKS Sec. 348.1 Purpose and scope. 348.2 Other definitions and rules of construction. 348.3 Prohibitions. 348.4 Interlocking relationships permitted by statute. 348.5 Small market share exemption. 348.6 General exemption. 348.7 Change in circumstances. 348.8 Enforcement. Authority: 12 U.S.C. 3207, 12 U.S.C. 1823(k). Sec. 348.1 Purpose and scope. (a) Authority. This part is issued under the provisions of the Depository Institution Management Interlocks Act (Interlocks Act) (12 U.S.C. 3201 et seq.), as amended. (b) Purpose. The purpose of the Interlocks Act and this part is to foster competition by generally prohibiting a management official from serving two nonaffiliated depository organizations in situations where the management interlock likely would have an anticompetitive effect. (c) Scope. This part applies to management officials of FDIC- supervised institutions and their affiliates. Sec. 348.2 Other definitions and rules of construction. For purposes of this part, the following definitions apply: (a) Affiliate. (1) The term affiliate has the meaning given in section 202 of the Interlocks Act (12 U.S.C. 3201). For purposes of section 202, shares held by an individual include shares held by members of his or her immediate family. ``Immediate family'' means spouse, mother, father, child, grandchild, sister, brother or any of their spouses, whether or not any of their shares are held in trust. (2) For purposes of section 202(3)(B) of the Interlocks Act (12 U.S.C. 3201(3)(B)), an affiliate relationship involving an FDIC- supervised institution based on common ownership does not exist if the FDIC determines, after giving the affected persons the opportunity to respond, that the asserted affiliation was established in order to avoid the prohibitions of the Interlocks Act and does not represent a true commonality of interest between the depository organizations. In making this determination, the FDIC considers, among other things, whether a person, including members of his or her immediate family whose shares are necessary to constitute the group, owns a nominal percentage of the shares of one of the organizations and the percentage is substantially disproportionate to that person's ownership of shares in the other organization. [[Page 79253]] (b) Area median income means: (1) The median family income for the metropolitan statistical area (MSA), if a depository organization is located in an MSA; or (2) The statewide nonmetropolitan median family income, if a depository organization is located outside an MSA. (c) Community means a city, town, or village, and contiguous or adjacent cities, towns, or villages. (d) Contiguous or adjacent cities, towns, or villages means cities, towns, or villages whose borders touch each other or whose borders are within 10 road miles of each other at their closest points. The property line of an office located in an unincorporated city, town, or village is the boundary line of that city, town, or village for the purpose of this definition. (e) Depository holding company means a bank holding company or a savings and loan holding company (as more fully defined in section 202 of the Interlocks Act (12 U.S.C. 3201)) having its principal office located in the United States. (f) Depository institution means a commercial bank (including a private bank), a savings bank, a trust company, a savings and loan association, a building and loan association, a homestead association, a cooperative bank, an industrial bank, or a credit union, chartered under the laws of the United States and having a principal office located in the United States. Additionally, a United States office, including a branch or agency, of a foreign commercial bank is a depository institution. (g) Depository institution affiliate means a depository institution that is an affiliate of a depository organization. (h) Depository organization means a depository institution or a depository holding company. (i) FDIC-supervised institution means either an insured state nonmember bank or a State savings association. (j) Low- and moderate-income areas means census tracts (or, if an area is not in a census tract, block numbering areas delineated by the United States Bureau of the Census) where the median family income is less than 100 percent of the area median income. (k) Management official. (1) The term management official means: (i) A director; (ii) An advisory or honorary director of a depository institution with total assets of $100 million or more; (iii) A senior executive officer as that term is defined in 12 CFR 303.101(b). (iv) A branch manager; (v) A trustee of a depository organization under the control of trustees; and (vi) Any person who has a representative or nominee serving in any of the capacities in this paragraph (j)(1). (2) The term management official does not include: (i) A person whose management functions relate exclusively to the business of retail merchandising or manufacturing; (ii) A person whose management functions relate principally to the business outside the United States of a foreign commercial bank; or (iii) A person described in the provisos of section 202(4) of the Interlocks Act (12 U.S.C. 3201(4)) (referring to an officer of a State- chartered savings bank, cooperative bank, or trust company that neither makes real estate mortgage loans nor accepts savings). (l) Office means a principal or branch office of a depository institution located in the United States. Office does not include a representative office of a foreign commercial bank, an electronic terminal, or a loan production office. (m) Person means a natural person, corporation, or other business entity. (n) Relevant metropolitan statistical area (RMSA) means an MSA, a primary MSA, or a consolidated MSA that is not comprised of designated Primary MSAs to the extent that these terms are defined and applied by the Office of Management and Budget. (o) Representative or nominee means a natural person who serves as a management official and has an obligation to act on behalf of another person with respect to management responsibilities. The FDIC will find that a person has an obligation to act on behalf of another person only if the first person has an agreement, express or implied, to act on behalf of the second person with respect to management responsibilities. The FDIC will determine, after giving the affected persons an opportunity to respond, whether a person is a representative or nominee. (p) State savings association has the same meaning as in section (3)(b)(3) of the Federal Deposit Insurance Act, 12 U.S.C. 1813(b)(3). (q) Total assets. (1) The term total assets includes assets measured on a consolidated basis and reported in the most recent fiscal year-end Consolidated Report of Condition and Income. (2) The term total assets does not include: (i) Assets of a diversified savings and loan holding company as defined by section 10(a)(1)(F) of the Home Owners' Loan Act (12 U.S.C. 1467a(a)(1)(F)) other than the assets of its depository institution affiliate; (ii) Assets of a bank holding company that are exempt from the prohibitions of section 4 of the Bank Holding Company Act of 1956 pursuant to an order issued under section 4(d) of that Act (12 U.S.C. 1843(d)) other than the assets of its depository institution affiliate; or (iii) Assets of offices of a foreign commercial bank other than the assets of its United States branch or agency. (r) United States means the United States of America, any State or territory of the United States of America, the District of Columbia, Puerto Rico, Guam, American Samoa, and the Virgin Islands. Sec. 348.3 Prohibitions. (a) Community. A management official of a depository organization may not serve at the same time as a management official of an unaffiliated depository organization if the depository organizations in question (or a depository institution affiliate thereof) have offices in the same community. (b) RMSA. A management official of a depository organization may not serve at the same time as a management official of an unaffiliated depository organization if the depository organizations in question (or a depository institution affiliate thereof) have offices in the same RMSA and each depository organization has total assets of $50 million or more. (c) Major assets. A management official of a depository organization with total assets exceeding $2.5 billion (or any affiliate of such an organization) may not serve at the same time as a management official of an unaffiliated depository organization with total assets exceeding $1.5 billion (or any affiliate of such an organization), regardless of the location of the two depository organizations. The FDIC will adjust these thresholds, as necessary, based on the year-to- year change in the average of the Consumer Price Index for the Urban Wage Earners and Clerical Workers, not seasonally adjusted, with rounding to the nearest $100 million. The FDIC will announce the revised thresholds by publishing a final rule without notice and comment in the Federal Register. Sec. 348.4 Interlocking relationships permitted by statute. The prohibitions of Sec. 348.3 do not apply in the case of any one or more of the following organizations or to a subsidiary thereof: (a) A depository organization that has been placed formally in liquidation, or which is in the hands of a receiver, [[Page 79254]] conservator, or other official exercising a similar function; (b) A corporation operating under section 25 or section 25A of the Federal Reserve Act (12 U.S.C. 601 et seq. and 12 U.S.C. 611 et seq., respectively) (Edge Corporations and Agreement Corporations); (c) A credit union being served by a management official of another credit union; (d) A depository organization that does not do business within the United States except as an incident to its activities outside the United States; (e) A State-chartered savings and loan guaranty corporation; (f) A Federal Home Loan bank or any other bank organized solely to serve depository institutions (a bankers' bank) or solely for the purpose of providing securities clearing services and services related thereto for depository institutions and securities companies; (g) A depository organization that is closed or is in danger of closing as determined by the appropriate Federal depository institutions regulatory agency and is acquired by another depository organization. This exemption lasts for five years, beginning on the date the depository organization is acquired; (h) A savings association whose acquisition has been authorized on an emergency basis in accordance with section 13(k) of the Federal Deposit Insurance Act (12 U.S.C. 1823(k)) with resulting dual service by a management official that would otherwise be prohibited under the Interlocks Act which may continue for up to 10 years from the date of the acquisition provided that the FDIC has given its approval for the continuation of such service; (i)(1) A diversified savings and loan holding company (as defined in section 10(a)(1)(F) of the Home Owners' Loan Act (12 U.S.C. 1467a(a)(1)(F))) with respect to the service of a director of such company who is also a director of an unaffiliated depository organization if: (i) Both the diversified savings and loan holding company and the unaffiliated depository organization notify their appropriate Federal depository institutions regulatory agency at least 60 days before the dual service is proposed to begin; and (ii) The appropriate regulatory agency does not disapprove the dual service before the end of the 60-day period. (2) The FDIC may disapprove a notice of proposed service if it finds that: (i) The service cannot be structured or limited so as to preclude an anticompetitive effect in financial services in any part of the United States; (ii) The service would lead to substantial conflicts of interest or unsafe or unsound practices; or (iii) The notificant failed to furnish all the information required by the FDIC. (3) The FDIC may require that any interlock permitted under this paragraph (h) be terminated if a change in circumstances occurs with respect to one of the interlocked depository organizations that would have provided a basis for disapproval of the interlock during the notice period; and (j) Any FDIC-supervised institution which is a State savings association that has issued stock in connection with a qualified stock issuance pursuant to section 10(q) of the Home Owners' Loan Act, except that this paragraph (j) shall apply only with regard to service as a single management official of such State savings association or any subsidiary of such State savings association by a single management official of a savings and loan holding company which purchased the stock issued in connection with such qualified stock issuance, and shall apply only when the FDIC has determined that such service is consistent with the purposes of the Interlocks Act and the Home Owners' Loan Act. Sec. 348.5 Small market share exemption. (a) Exemption. A management interlock that is prohibited by Sec. 348.3 is permissible, if: (1) The interlock is not prohibited by Sec. 348.3(c); and (2) The depository organizations (and their depository institution affiliates) hold, in the aggregate, no more than 20 percent of the deposits in each RMSA or community in which both depository organizations (or their depository institution affiliates) have offices. The amount of deposits shall be determined by reference to the most recent annual Summary of Deposits published by the FDIC for the RMSA or community. (b) Confirmation and records. Each depository organization must maintain records sufficient to support its determination of eligibility for the exemption under paragraph (a) of this section, and must reconfirm that determination on an annual basis. Sec. 348.6 General exemption. (a) Exemption. The FDIC may by agency order exempt an interlock from the prohibitions in Sec. 348.3 if the FDIC finds that the interlock would not result in a monopoly or substantial lessening of competition and would not present safety and soundness concerns. (b) Presumptions. In reviewing an application for an exemption under this section, the FDIC will apply a rebuttable presumption that an interlock will not result in a monopoly or substantial lessening of competition if the depository organization seeking to add a management official: (1) Primarily serves low- and moderate-income areas; (2) Is controlled or managed by persons who are members of a minority group, or women; (3) Is a depository institution that has been chartered for less than two years; or (4) Is deemed to be in ``troubled condition'' as defined in Sec. 303.101(c). (c) Duration. Unless a shorter expiration period is provided in the FDIC approval, an exemption permitted by paragraph (a) of this section may continue so long as it does not result in a monopoly or substantial lessening of competition, or is unsafe or unsound. If the FDIC grants an interlock exemption in reliance upon a presumption under paragraph (b) of this section, the interlock may continue for three years, unless otherwise provided by the FDIC in writing. (d) Procedures. Procedures for applying for an exemption under this section are set forth in 12 CFR 303.249. Sec. 348.7 Change in circumstances. (a) Termination. A management official shall terminate his or her service or apply for an exemption if a change in circumstances causes the service to become prohibited. A change in circumstances may include an increase in asset size of an organization, a change in the delineation of the RMSA or community, the establishment of an office, an increase in the aggregate deposits of the depository organization, or an acquisition, merger, consolidation, or reorganization of the ownership structure of a depository organization that causes a previously permissible interlock to become prohibited. (b) Transition period. A management official described in paragraph (a) of this section may continue to serve the FDIC-supervised institution involved in the interlock for 15 months following the date of the change in circumstances. The FDIC may shorten this period under appropriate circumstances. Sec. 348.8 Enforcement. Except as provided in this section, the FDIC administers and enforces the Interlocks Act with respect to FDIC-supervised institutions and their affiliates and may refer any case of a prohibited interlocking relationship involving these entities to the Attorney [[Page 79255]] General of the United States to enforce compliance with the Interlocks Act and this part. If an affiliate of an FDIC-supervised institution is subject to the primary regulation of another federal depository organization supervisory agency, then the FDIC does not administer and enforce the Interlocks Act with respect to that affiliate. PART 390--REGULATIONS TRANSFERRED FROM THE OFFICE OF THRIFT SUPERVISION Subpart V--Management Official Interlocks 0 2. The authority citation for part 390 is revised to read as follows: Authority: 12 U.S.C. 1819. Subpart F also issued under 5 U.S.C. 552; 559; 12 U.S.C. 2901 et seq. 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 I also issued under 12 U.S.C. 1831x. Subpart J also issued under 12 U.S.C. 1831p-1. Subpart L also issued under 12 U.S.C. 1831p-1. Subpart M also issued under 12 U.S.C. 1818. 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; 78l; 78m; 78n; 78w. Subpart U also issued under 12 U.S.C. 1462a; 1463; 1464; 15 U.S.C. 78c; 78l; 78m; 78n; 78p; 78w; 78d-1; 7241; 7242; 7243; 7244; 7261; 7264; 7265. Subpart W also issued under 12 U.S.C. 1462a; 1463; 1464; 15 U.S.C. 78c; 78l; 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 V--[Removed and reserved] 0 3. Remove and reserve subpart V consisting of Sec. Sec. 390.400 through 390.408. Dated at Washington, DC, this 15th day of December 2015. By order of the Board of Directors. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary. [FR Doc. 2015-31940 Filed 12-18-15; 8:45 am] BILLING CODE 6714-01-P
![79250 Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Rules and Regulations
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and any materials carried over from one Alfred V. Almanza, U.S.C. 5411, the powers, duties, and
production lot to the next; Acting Administrator. functions formerly performed by the
(D) The date and time each lot of raw [FR Doc. 2015–31795 Filed 12–18–15; 8:45 am] OTS were divided among the FDIC, as
ground beef product is produced; and BILLING CODE 3410–DM–P to State savings associations, the Office
(E) The date and time when grinding of the Comptroller of the Currency
equipment and other related food- (‘‘OCC’’), as to Federal savings
contact surfaces are cleaned and FEDERAL DEPOSIT INSURANCE associations, and the Board of
sanitized. CORPORATION Governors of the Federal Reserve
(ii) Official establishments and retail System (‘‘FRB’’), as to savings and loan
stores covered by this part that prepare 12 CFR Parts 348 and 390 holding companies. Section 316(b) of
ground beef products that are ground at the Dodd-Frank Act, codified at 12
RIN 3064–AE20 U.S.C. 5414(b), provides the manner of
an individual customer’s request must
keep records that comply with treatment for all orders, resolutions,
Removal of Transferred OTS
paragraph (b)(4)(i) of this section. determinations, regulations, and
Regulations Regarding Management
(iii) For the purposes of this section advisory materials that had been issued,
Official Interlocks and Amendments to
of the regulations, a lot is the amount of made, prescribed, or allowed to become
FDIC’s Rules and Regulations
ground raw beef produced during effective by the OTS. The section
particular dates and times, following AGENCY: Federal Deposit Insurance provides that if such materials were in
clean up and until the next clean up, Corporation. effect on the day before the transfer
during which the same source materials ACTION: Final rule. date, they continue to be in effect and
are used. are enforceable by or against the
SUMMARY: The Federal Deposit appropriate successor agency until they
* * * * *
Insurance Corporation (‘‘FDIC’’) is are modified, terminated, set aside, or
■ 3. Revise § 320.2 to read as follows:
adopting a final rule to rescind and superseded in accordance with
§ 320.2 Place of maintenance of records. remove from the Code of Federal applicable law by such successor
(a) Except as provided in paragraph Regulations the transferred OTS agency, by any court of competent
(b) of this section, any person engaged regulation entitled ‘‘Management jurisdiction, or by operation of law.
Official Interlocks.’’ This subpart was Section 316(c) of the Dodd-Frank Act,
in any business described in § 320.1 and
included in the regulations that were codified at 12 U.S.C. 5414(c), further
required by this part to keep records
transferred to the FDIC from the Office directed the FDIC and the OCC to
must maintain such records at the place
of Thrift Supervision (‘‘OTS’’) on July consult with one another and to publish
where such business is conducted,
21, 2011, in connection with the a list of the continued OTS regulations
except that if such person conducts
implementation of applicable provisions that would be enforced by the FDIC and
such business at multiple locations, he
of title III of the Dodd-Frank Wall Street the OCC, respectively. On June 14, 2011,
may maintain such records at his
Reform and Consumer Protection Act the FDIC’s Board of Directors approved
headquarters’ office. When not in actual a ‘‘List of OTS Regulations to be
use, all such records must be kept in a (‘‘Dodd-Frank Act’’). The requirements
for State savings associations in the Enforced by the OCC and the FDIC
safe place at the prescribed location in Pursuant to the Dodd-Frank Wall Street
accordance with good commercial transferred OTS regulation are
substantively similar to those in the Reform and Consumer Protection Act.’’
practices. This list was published by the FDIC and
(b) Records required to kept under FDIC’s regulation, which is also entitled
‘‘Management Official Interlocks’’ and is the OCC as a Joint Notice in the Federal
§ 320.1(b)(4) must be kept at the location Register on July 6, 2011.2
where the raw beef was ground. applicable for all insured depository
institutions (‘‘IDIs’’) for which the FDIC Although section 312(b)(2)(B)(i)(II) of
■ 4. Revise § 320.3 to read as follows: the Dodd-Frank Act, codified at 12
has been designated the appropriate
Federal banking agency. U.S.C. 5412(b)(2)(B)(i)(II), granted the
§ 320.3 Record retention period.
OCC rulemaking authority relating to
(a) Except as provided in paragraphs DATES: The final rule is effective on
both State and Federal savings
(b) and (c) of this section, every record January 20, 2016. associations, nothing in the Dodd-Frank
required to be maintained under this FOR FURTHER INFORMATION CONTACT: Act affected the FDIC’s existing
part must be retained for a period of 2 Jennifer Maree, Counsel, Legal Division, authority to issue regulations under the
years after December 31 of the year in (202) 898–6543; Mark Mellon, Counsel, Federal Deposit Insurance Act (‘‘FDI
which the transaction to which the Legal Division, (202) 898–3884; Karen Act’’) and other laws as the ‘‘appropriate
record relates has occurred and for such Currie, Senior Examination Specialist, Federal banking agency’’ or under
further period as the Administrator may (202) 898–3981. similar statutory terminology. Section
require for purposes of any investigation SUPPLEMENTARY INFORMATION: 312(c) of the Dodd-Frank Act amended
or litigation under the Act, by written the definition of ‘‘appropriate Federal
notice to the person required to keep I. Background
banking agency’’ contained in section
such records under this part. A. The Dodd-Frank Act 3(q) of the FDI Act, 12 U.S.C. 1813(q),
(b) Records of canning as required in to add State savings associations to the
The Dodd-Frank Act 1 provided for a
subpart G of part 318 of this chapter, list of entities for which the FDIC is
substantial reorganization of the
must be retained as required in designated as the ‘‘appropriate Federal
Lhorne on DSK5TPTVN1PROD with RULES
regulation of State and Federal savings
§ 318.307(e); except that records banking agency.’’ As a result, when the
associations and their holding
required by § 318.302(b) and (c) must be FDIC acts as the designated
companies. Beginning July 21, 2011, the
retained as required by those sections. ‘‘appropriate Federal banking agency’’
(c) Records required to be maintained 1 Dodd-Frank Wall Street Reform and Consumer (or under similar terminology) for State
under § 320.1(b)(4) must be retained for Protection Act, Pub. L. 111–203, 124 Stat. 1376
one year. (2010). 2 76 FR 39247 (July 6, 2011).
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![Federal Register / Vol. 80, No. 244 / Monday, December 21, 2015 / Rules and Regulations 79255
General of the United States to enforce Federal Deposit Insurance Corporation. December 16, 2015, and assigned the
compliance with the Interlocks Act and Robert E. Feldman, information collection OMB Control
this part. If an affiliate of an FDIC- Executive Secretary. Number 2120–0765. This final rule
supervised institution is subject to the [FR Doc. 2015–31940 Filed 12–18–15; 8:45 am] provides the control number of that
primary regulation of another federal BILLING CODE 6714–01–P information collection and adds the
depository organization supervisory information collection to the list of
agency, then the FDIC does not FAA’s approved information collections
administer and enforce the Interlocks in 14 CFR part 11.
DEPARTMENT OF TRANSPORTATION
Act with respect to that affiliate.
Federal Aviation Administration List of Subjects in 14 CFR Part 11
PART 390—REGULATIONS
TRANSFERRED FROM THE OFFICE OF Administrative practice and
14 CFR Part 11 procedure, Reporting and recordkeeping
THRIFT SUPERVISION
[Docket No.: FAA–2015–7396; Amdt. No. requirements.
Subpart V—Management Official 11–58]
Interlocks The Amendment
RIN 2120–AK82
In consideration of the foregoing, the
■ 2. The authority citation for part 390 Registration and Marking Federal Aviation Administration
is revised to read as follows: Requirements for Small Unmanned amends chapter I of title 14, Code of
Authority: 12 U.S.C. 1819. Aircraft Federal Regulations as follows:
Subpart F also issued under 5 U.S.C. 552; AGENCY: Federal Aviation
559; 12 U.S.C. 2901 et seq. PART 11—GENERAL RULEMAKING
Administration (FAA), DOT. PROCEDURES
Subpart G also issued under 12 U.S.C. 2810
et seq., 2901 et seq.; 15 U.S.C. 1691; 42 U.S.C. ACTION: Final rule; OMB approval of
1981, 1982, 3601–3619. information collection. ■ 1. The authority citation for part 11
Subpart I also issued under 12 U.S.C. continues to read as follows:
1831x. SUMMARY: This document notifies the
Subpart J also issued under 12 U.S.C. public of the Office of Management and Authority: 49 U.S.C. 106(f), 106(g), 40101,
1831p–1. Budget’s (OMB’s) approval of the 40103, 40105, 40109, 40113, 44110, 44502,
Subpart L also issued under 12 U.S.C. information collection requirement 44701–44702, 44711, and 46102.
1831p–1. contained in the FAA’s interim final
Subpart M also issued under 12 U.S.C. rule, Registration and Marking ■ 2. In § 11.201, amend paragraph (b) by
1818. adding an entry for part 48 to read as
Requirements for Small Unmanned
Subpart O also issued under 12 U.S.C. follows:
1828. Aircraft, which was published on
Subpart P also issued under 12 U.S.C. December 16, 2015. § 11.201 Office of Management and Budget
1470; 1831e; 1831n; 1831p–1; 3339. DATES: Effective December 21, 2015. (OMB) control numbers assigned under the
Subpart Q also issued under 12 U.S.C. FOR FURTHER INFORMATION CONTACT: Earl Paperwork Reduction Act.
1462; 1462a; 1463; 1464.
Lawrence, Director, FAA UAS * * * * *
Subpart R also issued under 12 U.S.C.
1463; 1464; 1831m; 1831n; 1831p–1. Integration Office, 800 Independence
(b) * * *
Subpart S also issued under 12 U.S.C. Avenue SW., Washington, DC 20591;
1462; 1462a; 1463; 1464; 1468a; 1817; 1820; telephone (202) 267–6556; email 14 CFR part or section Current OMB
1828; 1831e; 1831o; 1831p–1; 1881–1884; UASRegistration@faa.gov. identified and described control No.
3207; 3339; 15 U.S.C. 78b; 78 l; 78m; 78n; SUPPLEMENTARY INFORMATION: On
78p; 78q; 78w; 31 U.S.C. 5318; 42 U.S.C. December 16, 2015, the Department of
4106. * * * * *
Transportation and the Federal Aviation
Subpart T also issued under 12 U.S.C. Part 48 .................................. 2120–0765
1462a; 1463; 1464; 15 U.S.C. 78c; 78l; 78m; Administration published the interim
78n; 78w. final rule Registration and Marking
Requirements for Small Unmanned * * * * *
Subpart U also issued under 12 U.S.C.
1462a; 1463; 1464; 15 U.S.C. 78c; 78l; 78m; Aircraft (80 FR 78593). That rule
78n; 78p; 78w; 78d–1; 7241; 7242; 7243; provided an alternative, streamlined Issued in Washington, DC, under the
7244; 7261; 7264; 7265. and simple, web-based aircraft authority of 49 U.S.C. 106(f), on December
Subpart W also issued under 12 U.S.C. registration process for the registration 16, 2015.
1462a; 1463; 1464; 15 U.S.C. 78c; 78l; 78m; of small unmanned aircraft, including
78n; 78p; 78w. Lirio Liu,
small unmanned aircraft operated as Director, Office of Rulemaking.
Subpart X also issued under 12 U.S.C.
1462; 1462a; 1463; 1464; 1828; 3331 et seq. model aircraft, to facilitate compliance
[FR Doc. 2015–31993 Filed 12–18–15; 8:45 am]
Subpart Y also issued under 12 U.S.C. with the statutory requirement that all
aircraft register prior to operation. BILLING CODE 4910–13–P
1831o.
Subpart Z also issued under 12 U.S.C. That rule contained an information
1462; 1462a; 1463; 1464; 1828 (note). collection, Registration of Small
Unmanned Aircraft. That information
Subpart V—[Removed and reserved] collection requirement had not been
approved by OMB at the time of
Lhorne on DSK5TPTVN1PROD with RULES
■ 3. Remove and reserve subpart V publication of the interim final rule.
consisting of §§ 390.400 through In accordance with the Paperwork
390.408. Reduction Act, the FAA submitted a
Dated at Washington, DC, this 15th day of copy of the new information collection
December 2015. requirements to OMB for its review.
By order of the Board of Directors. OMB approved the collection on
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Document Created: 2015-12-19 02:57:23
Document Modified: 2015-12-19 02:57:23
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | The final rule is effective on January 20, 2016. | |
| Contact | Jennifer Maree, Counsel, Legal Division, (202) 898-6543; Mark Mellon, Counsel, Legal Division, (202) 898-3884; Karen Currie, Senior Examination Specialist, (202) 898-3981. | |
| FR Citation | 80 FR 79250 | |
| RIN Number | 3064-AE20 | |
| CFR Citation | 12
CFR
348 12 CFR 390 | |
| CFR Associated | Banks; Banking; Management Official Interlocks; Savings Associations and Management Official Interlocks |
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