80_FR_79970 80 FR 79724 - Regulatory Publication and Review Under the Economic Growth and Regulatory Paperwork Reduction Act of 1996

80 FR 79724 - Regulatory Publication and Review Under the Economic Growth and Regulatory Paperwork Reduction Act of 1996

DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
FEDERAL RESERVE SYSTEM
FEDERAL DEPOSIT INSURANCE CORPORATION

Federal Register Volume 80, Issue 246 (December 23, 2015)

Page Range79724-79735
FR Document2015-32312

The OCC, Board, and FDIC (each an ``Agency''; together ``we'' or ``Agencies'') are conducting a review of the regulations we have issued in order to identify outdated or otherwise unnecessary regulatory requirements imposed on insured depository institutions, as required by the Economic Growth and Regulatory Paperwork Reduction Act of 1996 (EGRPRA). EGRPRA requires the Agencies to organize the regulations into categories and publish groups of categories for comment. In this notice, the Agencies are seeking public comment on regulations in the following categories: Rules of Procedure; Safety and Soundness; and Securities. We have listed these rules on a chart included with this notice. In addition, as we previously announced, the Agencies have expanded the scope of the EGRPRA review to include the Agencies' recently issued final rules. Accordingly, in this notice, the Agencies invite the public to comment on any Agency final rule not included in a previous EGRPRA Federal Register notice. To facilitate identification of these recently issued rules, we have included with this notice a separate chart that lists these rules. Finally, in order to be as inclusive as possible, the Agencies also invite comment during the comment period for this notice on any Agency rule that is issued in final form on or before December 31, 2015. We will list these rules on the EGRPRA Web site, http://egrpra.ffiec.gov/. The public may also comment on any other Agency rule, including rules covered by the three prior notices during the open comment period for this notice.

Federal Register, Volume 80 Issue 246 (Wednesday, December 23, 2015)
[Federal Register Volume 80, Number 246 (Wednesday, December 23, 2015)]
[Proposed Rules]
[Pages 79724-79735]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32312]


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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency

12 CFR Chapter I

[Docket ID FFIEC-2014-0001]

FEDERAL RESERVE SYSTEM

12 CFR Chapter II

[Docket No. R-1510]

FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Chapter III


Regulatory Publication and Review Under the Economic Growth and 
Regulatory Paperwork Reduction Act of 1996

AGENCY: Office of the Comptroller of the Currency (``OCC''), Treasury; 
Board of Governors of the Federal Reserve System (``Board''); and 
Federal Deposit Insurance Corporation (``FDIC'').

ACTION: Notice of regulatory review; request for comments.

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SUMMARY: The OCC, Board, and FDIC (each an ``Agency''; together ``we'' 
or ``Agencies'') are conducting a review of the regulations we have 
issued in order to identify outdated or otherwise unnecessary 
regulatory requirements imposed on insured depository institutions, as 
required by the Economic Growth and Regulatory Paperwork Reduction Act 
of 1996 (EGRPRA). EGRPRA requires the Agencies to organize the 
regulations into categories and publish groups of categories for 
comment. In this notice, the Agencies are seeking public comment on 
regulations in the following categories: Rules of Procedure; Safety and 
Soundness; and Securities. We have listed these rules on a chart 
included with this notice.
    In addition, as we previously announced, the Agencies have expanded 
the scope of the EGRPRA review to include the Agencies' recently issued 
final rules. Accordingly, in this notice, the Agencies invite the 
public to comment on any Agency final rule not included in a previous 
EGRPRA Federal Register notice. To facilitate identification of these 
recently issued rules, we have included with this notice a separate 
chart that lists these rules.
    Finally, in order to be as inclusive as possible, the Agencies also 
invite comment during the comment period for this notice on any Agency 
rule that is issued in final form on or before December 31, 2015. We 
will list these

[[Page 79725]]

rules on the EGRPRA Web site, http://egrpra.ffiec.gov/. The public may 
also comment on any other Agency rule, including rules covered by the 
three prior notices during the open comment period for this notice.

DATES: Written comments must be received by no later than March 22, 
2016.

ADDRESSES: Any interested individual may submit comments through the 
EGRPRA Web site during open comment periods at: http://egrpra.ffiec.gov/submit-comment/submit-comment-index.html. On this 
site, click ``Submit a Comment'' and follow the instructions. 
Alternatively, comments also may be submitted through the Federal 
eRulemaking Portal ``Regulations.gov'' at: http://www.regulations.gov. 
Enter ``Docket ID FFIEC-2014-0001'' in the Search Box, click 
``Search,'' and click ``Comment Now.'' Those who wish to submit their 
comments by an alternate means may do so as indicated by each Agency 
below.

OCC

    The OCC encourages commenters to submit comments through the 
Federal eRulemaking Portal, Regulations.gov, in accordance with the 
previous paragraph. Alternatively, comments may be emailed to 
regs.comments@occ.treas.gov or sent by mail to Legislative and 
Regulatory Activities Division, Office of the Comptroller of the 
Currency, Mail Stop 9W-11, 400 7th Street SW., Washington, DC 20219. 
Comments also may be faxed to (571) 465-4326 or hand delivered or sent 
by courier to 400 7th Street SW., Washington, DC 20219. For comments 
submitted by any means other than Regulations.gov, you must include 
``OCC'' as the Agency name and ``Docket ID FFIEC-2014-0001'' in your 
comment.
    In general, the OCC will enter all comments received into the 
docket and publish them without change on Regulations.gov. Comments 
received, including attachments and other supporting materials, as well 
as any business or personal information you provide, such as your name 
and address, email address, or phone number, are part of the public 
record and subject to public disclosure. Therefore, please do not 
include any information with your comment or supporting materials that 
you consider confidential or inappropriate for public disclosure.
    You may inspect and photocopy in person all comments received by 
the OCC at 400 7th Street SW., Washington, DC 20219. For security 
reasons, the OCC requires that visitors make an appointment to inspect 
or photocopy comments. You may make an appointment by calling (202) 
649-6700 or, for persons who are deaf or hard of hearing, TTY (202) 
649-5597. Upon arrival, visitors will be required to present valid 
government-issued photo identification and submit to a security 
screening.

Board

    The Board encourages commenters to submit comments regarding the 
Board's regulations by any of the following methods:
     Agency Web site: http://www.federalreserve.gov/apps/foia/proposedregs.aspx. Follow the instructions for submitting comments on 
the Agency Web site.
     Federal eRulemaking Portal, in accordance with the 
directions above.
     Email: regs.comments@federalreserve.gov. Include 
``EGRPRA'' and Docket No. R-1510 in the subject line of the message.
     FAX: (202) 452-3819.
     Mail: Robert deV. Frierson, Secretary, Board of Governors 
of the Federal Reserve System, 20th Street and Constitution Avenue NW., 
Washington, DC 20551.
    In general, the Board will enter all comments received into the 
docket and publish them without change on the Board's public Web site 
www.federalreserve.gov; Regulations.gov; and http://egrpra.ffiec.gov. 
Comments received, including attachments and other supporting 
materials, as well as any business or personal information you provide, 
such as your name and address, email address, or phone number, are part 
of the public record and subject to public disclosure. Therefore, 
please do not enclose any information with your comment or supporting 
materials that you consider confidential or inappropriate for public 
disclosure.
    You may inspect and photocopy in person all comments received by 
the Board in Room 3515, 1801 K Street NW., (between 18th and 19th 
Street NW.,) Washington, DC 20006, between 9:00 a.m. and 5:00 p.m. on 
weekdays. For security reasons, the Board requires that visitors make 
an appointment to inspect comments. You may make an appointment by 
calling (202) 452-3000. Upon arrival, visitors will be required to 
present valid government-issued photo identification and submit to a 
security screening.

FDIC

    The FDIC encourages commenters to submit comments through the 
Federal eRulemaking Portal, ``Regulations.gov,'' in accordance with the 
directions above. Alternatively, you may submit comments by any of the 
following methods:
     Agency Web site: http://www.fdic.gov/regulations/laws/federal. Follow instructions for submitting comments on the Agency Web 
site.
     Email: Comments@FDIC.gov. Include ``EGRPRA'' in the 
subject line of the message.
     Mail: Robert E. Feldman, Executive Secretary, Attention: 
Comments, Federal Deposit Insurance Corporation, 550 17th Street NW., 
Washington, DC 20429.
     Hand Delivery/Courier: Guard station at the rear of the 
550 17th Street Building (located on F Street) on business days between 
7:00 a.m. and 5:00 p.m. (EDT).
    The FDIC will post all comments received to http://www.fdic.gov/regulations/laws/federal without change, including any personal 
information provided. Comments may be inspected and photocopied in the 
FDIC Public Information Center, 3501 North Fairfax Drive, Room E-1002, 
Arlington, VA 22226, between 9:00 a.m. and 5:00 p.m. (EDT) on business 
days. Paper copies of public comments may be ordered from the Public 
Information Center by calling (877) 275-3342.

FOR FURTHER INFORMATION CONTACT: OCC: Karen McSweeney, Counsel (202) 
649-6295; Heidi M. Thomas, Special Counsel (202) 649-5490; Rima 
Kundnani, Attorney (202) 649-5545; for persons who are deaf or hard of 
hearing, TTY (202) 649-5597.
    Board: Claudia Von Pervieux, Counsel (202) 452-2552; Brian 
Phillips, Attorney (202) 452-3321; for persons who are deaf or hard of 
hearing, TTY (202) 263-4869.
    FDIC: Ruth R. Amberg, Assistant General Counsel (202) 898-3736; Ann 
Taylor, Supervisory Counsel (202) 898-3573; for persons who are deaf or 
hard of hearing, TTY 1-800-925-4618.

SUPPLEMENTARY INFORMATION:

I. Introduction

    Section 2222 of EGRPRA \1\ requires that, not less frequently than 
once every 10 years, the Federal Financial Institutions Examination 
Council

[[Page 79726]]

(FFIEC),\2\ along with the Agencies,\3\ conduct a review of their 
regulations to identify outdated or otherwise unnecessary requirements 
imposed on insured depository institutions.\4\ The EGRPRA regulatory 
review provides an opportunity for the public and the Agencies to look 
at groups of related regulations and to identify opportunities for 
burden reduction. For example, the EGRPRA review may facilitate the 
identification of statutes and regulations that share similar goals or 
complementary methods where one or more Agencies could eliminate 
overlapping requirements. Alternatively, commenters may identify 
regulations or statutes that impose requirements that are no longer 
consistent with the way that business is conducted and that the 
Agencies should eliminate or revise.
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    \1\ Public Law 104-208 (1996), codified at 12 U.S.C. 3311.
    \2\ The FFIEC is an interagency body empowered to prescribe 
uniform principles, standards, and report forms for the Federal 
examination of financial institutions and to make recommendations to 
promote uniformity in the supervision of financial institutions. The 
FFIEC does not issue regulations that impose burden on financial 
institutions and, therefore, we have not separately captioned the 
FFIEC in this notice.
    \3\ The FFIEC is comprised of the OCC, Board, FDIC, National 
Credit Union Administration (NCUA), Consumer Financial Protection 
Bureau (CFPB), and State Liaison Committee. Of these, only the OCC, 
Board, and FDIC are statutorily required to undertake the EGRPRA 
review. The NCUA elected to participate in the first EGRPRA review 
10 years ago, and the NCUA Board again has elected to participate in 
this review process. Consistent with its approach during the first 
EGRPRA review, the NCUA will separately issue notices and requests 
for comment on its rules. The CFPB is required to review its 
significant rules and publish a report of its review no later than 
five years after they take effect. See 12 U.S.C. 5512(d). This 
process is separate from the EGRPRA process.
    \4\ Insured depository institutions also are subject to 
regulations that are not required to be reviewed under the EGRPRA 
process. Examples include rules for which rulemaking authority has 
transferred to the CFPB and anti-money laundering regulations issued 
by the Department of the Treasury's Financial Crimes Enforcement 
Network, among others. If, during the EGRPRA review, the Agencies 
receive a comment about a regulation that is not subject to the 
EGRPRA review, we will forward that comment to the appropriate 
agency.
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    In addition to providing an opportunity to consider burden 
reduction generally, the EGRPRA review also provides the Agencies and 
the public with an opportunity to consider burden reduction on 
community banks and other small, insured depository institutions or 
holding companies. We are keenly aware of the role that these 
institutions play in providing consumers and businesses across the 
nation with essential financial services and access to credit, and we 
are concerned about the impact of regulatory burden on these smaller 
institutions. We understand that when an Agency issues a new regulation 
or amends a current regulation, smaller institutions may have to devote 
considerable resources to determine if and how the regulation will 
affect them. Through the public comment process, the EGRPRA review can 
help the Agencies identify and target regulatory changes to reduce 
unnecessary burden on these smaller institutions.
    Burden reduction must, however, be consistent with the Agencies' 
statutory mandates, many of which require the issuance of regulations. 
These mandates include ensuring the safety and soundness of insured 
depository institutions, their affiliates, and the financial system as 
a whole. EGRPRA recognizes that effective burden reduction may require 
legislative change. Accordingly, as part of this review, we 
specifically ask the public to comment on the relationships among 
burden reduction, regulatory requirements, and statutory mandates.
    In addition, we note that the Agencies consider potential 
regulatory burden each time we propose, adopt, or amend a rule. For 
example, under the Paperwork Reduction Act of 1995 and the Regulatory 
Flexibility Act, the Agencies assess each rulemaking with respect to 
the burdens the rule might impose. Furthermore, we invite the public to 
comment on every rule we propose, as required by the Administrative 
Procedure Act (APA).

II. The EGRPRA Review Process

    Taken together for purposes of EGRPRA, the Agencies' regulations 
covering insured depository institutions encompass more than 100 
subjects.\5\ Consistent with the EGRPRA statute, the Agencies grouped 
these regulations into the following 12 regulatory categories: 
Applications and Reporting; Banking Operations; Capital; Community 
Reinvestment Act; Consumer Protection; \6\ Directors, Officers and 
Employees; International Operations; Money Laundering; Powers and 
Activities; Rules of Procedure; Safety and Soundness; and Securities. 
To determine these categories, we divided the regulations by type and 
sought to have no category be too large or broad.
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    \5\ Consistent with EGRPRA's focus on reducing burden on insured 
depository institutions, the Agencies have not included their 
internal, organizational, or operational regulations in this review.
    \6\ As we have previously noted, the Agencies are seeking 
comment only on those consumer protection regulations for which we 
retain rulemaking authority for insured depository institutions and 
regulated holding companies following passage of section 1061 of the 
Dodd-Frank Wall Street Reform and Consumer Protection Act, Public 
Law 111-203 (2010) (Dodd-Frank Act), codified at 12 U.S.C. 5581(b).
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    To carry out the EGRPRA review, the Agencies have published three 
Federal Register notices, each addressing one or more categories of 
rules. Each Federal Register notice provided a 90-day comment period. 
On June 4, 2014, the Agencies published the first such notice, seeking 
comment on three categories of rules: Applications and Reporting; 
Powers and Activities; and International Operations.\7\ On February 13, 
2015, the Agencies published the second notice, seeking comment on 
three additional categories of rules: Banking Operations; Capital; and 
the Community Reinvestment Act.\8\ On June 5, 2015, the Agencies 
published the third notice, seeking comment on three additional 
categories: Consumer Protection; Directors, Officers and Employees; and 
Money Laundering (Third Notice).\9\ The comment period for the Third 
Notice closed on September 3, 2015.
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    \7\ 79 FR 32172.
    \8\ 80 FR 7980.
    \9\ 80 FR 32046. Together, the three EGRPRA notices are referred 
to as the ``Prior Notices.''
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    In the Third Notice, the Agencies also announced their decision to 
expand the scope of the EGRPRA review to include recently issued rules, 
such as those issued pursuant to the Dodd-Frank Act and the recently 
promulgated domestic capital and liquidity rules. The Agencies 
identified these rules, referred to as ``Newly Listed Rules,'' on a 
chart included with the Third Notice. The Third Notice stated that the 
public could comment on the Newly Listed Rules during the comment 
period for the final EGRPRA notice.
    Today, we are publishing the fourth and final EGRPRA notice, 
addressing the categories of Rules of Procedure; Safety and Soundness; 
and Securities. We invite the public to identify outdated, unduly 
burdensome, or otherwise unnecessary regulatory requirements imposed on 
insured depository institutions and their holding companies in these 
three categories. Chart A in Section IV contains the Agencies' rules in 
these three categories, including the Newly Listed Rules in these three 
categories. In addition, consistent with the expanded scope of the 
EGRPRA review, we invite the public to identify outdated, unduly 
burdensome, or otherwise unnecessary regulatory requirements imposed on 
insured depository institutions and their holding companies by the 
Newly Listed Rules in the nine categories covered by the Prior Notices. 
Chart B in Section IV contains the Newly Listed Rules in

[[Page 79727]]

these nine categories, including rules issued in final form since the 
Third Notice.
    Finally, in order to be as inclusive as possible, the Agencies 
invite comment on any other rule issued in final form on or before 
December 31, 2015, which will be listed on the EGRPRA Web site, http://egrpra.ffiec.gov/. Furthermore, as has been the practice of the 
Agencies, we invite comment on any of the Agencies' final rules 
included in this EGRPRA review during the open comment period for this 
notice.
    As part of the EGRPRA review, the Agencies have held a series of 
outreach meetings around the country to provide an opportunity for 
bankers, consumer and community groups, and other interested persons to 
present their views directly to Agency senior management and staff on 
any of the regulations in the EGRPRA review. The Agencies held a final 
outreach meeting on December 2, 2015, in the Washington, DC area. 
Transcripts from and other information about the outreach meetings can 
be found on the Agencies' EGRPRA Web site, http://egrpra.ffiec.gov.
    Following the close of the comment period for this final notice, 
the Agencies will review all of the comments we have received and 
decide whether further action is appropriate with respect to the 
regulations. The Agencies will make this decision jointly in the case 
of rules that we have issued on an interagency basis. For rules issued 
by one Agency, the issuing Agency will review the comments received and 
independently determine whether amendments to or repeal of its rules 
are appropriate. If so, that Agency will initiate a rulemaking to 
effect such change.
    Finally, EGRPRA also requires the FFIEC or the Agencies to publish 
in the Federal Register a summary of the comments received, identifying 
significant issues raised and commenting on these issues. It also 
directs the Agencies to eliminate unnecessary regulations to the extent 
that such action is appropriate. The statute additionally requires the 
FFIEC to submit to Congress a report that summarizes any significant 
issues raised in the public comments and the relative merits of such 
issues. The report also must include an analysis of whether the 
Agencies are able to address the regulatory burdens associated with 
such issues or whether these burdens must be addressed by legislative 
action.

III. Request for Burden Reduction Comments on Regulations in the Rules 
of Procedure, Safety and Soundness, and Securities Categories; on Newly 
Listed Rules in the Other Categories of Regulations; and on Any Other 
Final Rule Issued by December 31, 2015

    As stated previously in this notice, the Agencies are asking the 
public to comment on regulations in the Rules of Procedure; Safety and 
Soundness; and Securities categories. Chart A in Section IV contains 
the Agencies' rules that are in these three categories. The Agencies 
are also asking the public to comment on the Newly Listed Rules in the 
nine categories covered by the Prior Notices. Chart B in Section IV 
contains the Newly Listed Rules. Both charts include any rules issued 
on or before December 23, 2015. The Agencies will also accept comment 
during the open comment period of this notice on any other Agency rule 
issued in final form by December 31, 2015. In addition, we will accept 
comments on any of the Agencies' rules, including those rules in 
categories covered in the Prior Notices.
    Where possible, we ask commenters to cite specific regulatory 
language or provisions. We also welcome suggested alternative 
provisions or language in support of a comment, where appropriate. 
Where implementation of a suggestion would require modification of a 
statute, we ask the commenter to identify the statute and the needed 
change, where possible.
    Specific issues for commenters to consider. The Agencies 
specifically invite comment on the following issues as they pertain to 
(a) the Agencies' Rules of Procedure; Safety and Soundness rules; and 
Securities rules, on Chart A; (b) any of the Newly Listed Rules on 
Chart B; and (c) any other Agency rule that is issued in final form by 
December 31, 2015.
     Need for statutory change. (1) Do any statutory 
requirements underlying the rules in these categories impose outdated 
or otherwise unnecessary regulatory requirements? (2) If so, please 
identify the statutes and indicate how they should be amended.
     Need and purpose of the regulations. (1) Have there been 
changes in the financial services industry, consumer behavior, or other 
circumstances that cause any regulations in these categories to be 
outdated or otherwise unnecessary? (2) If so, please identify and 
indicate how they should be amended. (3) Do any of these regulations 
impose burdens not required by their underlying statutes? (4) If so, 
please identify the regulations and indicate how they should be 
amended.
     Overarching approaches/flexibility. (1) With respect to 
the regulations in these categories, could an Agency use a different 
approach to lessen the burden imposed by the regulations and achieve 
statutory intent? (2) Do any of these rules impose unnecessarily 
inflexible requirements? (3) If so, please identify the regulations and 
indicate how they should be amended.
     Effect on competition. (1) Do any of the regulations or 
underlying statutes create competitive disadvantages for one part of 
the financial services industry compared to another or for one type of 
insured depository institution compared to another? (2) If so, please 
identify the regulations and indicate how they should be amended.
     Reporting, recordkeeping and disclosure requirements. (1) 
Do any of the regulations or underlying statutes in these categories 
impose outdated or otherwise unnecessary reporting, recordkeeping, or 
disclosure requirements on insured depository institutions or their 
holding companies? (2) Could a financial institution fulfill any of 
these requirements electronically (if it is not already permitted to do 
so) and experience burden reduction? (3) If so, please identify the 
regulations and indicate how they should be amended.
     Unique characteristics of a type of institution. (1) Do 
any of the regulations or underlying statutes in these categories 
impose requirements that are unwarranted by the unique characteristics 
of a particular type of insured depository institution or holding 
company? (2) If so, please identify the regulations and indicate how 
they should be amended.
     Clarity. (1) Are the regulations in these categories clear 
and easy to understand? (2) Are there specific regulations for which 
clarification is needed? (3) If so, please identify the regulations and 
indicate how they should be amended.
     Burden on community banks and other smaller, insured 
depository institutions. (1) Are there regulations or underlying 
statutes in these categories that impose outdated or otherwise 
unnecessary requirements on a substantial number of community banks or 
other smaller, insured depository institutions or holding companies? 
(2) Have the Agencies issued regulations pursuant to a common statute 
that, as applied by the Agencies, create redundancies or impose 
inconsistent requirements? (3) Should any of these regulations be 
amended or repealed in order to minimize this impact? (4) If so,

[[Page 79728]]

please identify the regulations and indicate how they should be 
amended.
     Scope of rules. (1) Is the scope of each rule in these 
categories consistent with the intent of the underlying statute(s)? (2) 
Could we amend the scope of a rule to clarify its applicability or 
reduce burden, while remaining faithful to statutory intent? (3) If so, 
please identify the regulations and indicate how they should be 
amended.

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                                                         State  member     State  non-member    Federal savings      State savings
             Subject                National  banks          banks               banks           associations        associations     BHCs & FHCs  SLHCs
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                                                                 10. Rules of Procedure
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Interagency Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Uniform Rules of Practice and     12 CFR Part 19,     12 CFR Part 263     12 CFR Part 308     12 CFR Part 109,    12 CFR Part         12 CFR Part 263.
 Procedure.                        Subpart A.                                                  Subpart A.          390.30.
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                                                                     OCC Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
National Bank Voluntary           12 CFR 5.48.
 Liquidation.
Federal Savings Association--                                                                 12 CFR Part 112.
 Investigative Proceedings and
 Formal Examinations.
Federal Savings Association--                                                                 12 CFR Part 158.
 Possession by Conservators and
 Receivers for Federal and State
 Savings Associations.
Federal Savings Association--                                                                 12 CFR Part 108.
 Removals, Suspensions and
 Prohibitions Where a Crime is
 Charged or Proven.
Rules of Practice and Procedure.  12 CFR Part 19,                                             12 CFR Part 109,
                                   Subparts B-P.                                               Subpart B.
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                                                                    FDIC Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Orderly Liquidation Authority...                                                                                                      12 CFR Part 380.
                                                                                                                                      12 CFR Part 380.
Resolution and Receivership       12 CFR Part 360     12 CFR Part 360     12 CFR Part 360     12 CFR Part 360     12 CFR Part 360.
 Rules.
Recordkeeping Requirements for    12 CFR Part 371     12 CFR Part 371     12 CFR Part 371     12 CFR Part 371     12 CFR Part 371.
 Qualified Financial Contracts.
Restrictions on Sale of Assets    12 CFR Part 340     12 CFR Part 340     12 CFR Part 340     12 CFR Part 340     12 CFR Part 340.
 by the Federal Deposit
 Insurance Corporation.
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[[Page 79729]]

 
                                                                11. Safety and Soundness
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Interagency Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Appraisals: Higher-priced         12 CFR Part 34,     12 CFR 226.43; 12   12 CFR Part 1026    12 CFR Part 34,                         12 CFR 226.43; 12
 Mortgages.                        Subpart G.          CFR Part 226,       [Reg. Z].           Subpart G.                              CFR Part 226,
                                                       Appx. N and O,                                                                  Appx. N and O,
                                                       and Supp. I [Reg.                                                               and Supp. I [Reg.
                                                       Z].                                                                             Z].
                                                                                                                                      12 CFR 226.43; 12
                                                                                                                                       CFR Part 226,
                                                                                                                                       Appx. N and O,
                                                                                                                                       and Supp. I [Reg.
                                                                                                                                       Z].
Appraisals: Minimum Requirements  12 CFR part 34,     12 CFR 208.50       12 CFR Part 323,    12 CFR part 34,     12 CFR Part 323     12 CFR Part 225,
 for Appraisal Management          Subpart H.          [Reg. H]; 12 CFR    Subpart B.          Subpart H.          Subpart B.          Subpart M [Reg.
 Companies.                                            Part 225, Subpart                                                               Y].
                                                       M [Reg. Y].
Appraisals: Standards for         12 CFR Part 34,     12 CFR 208.50       12 CFR Part 323     12 CFR Part 34,     12 CFR Part 323     12 CFR Part 225,
 Federally-Related Transactions.   Subpart C.          [Reg. H]; 12 CFR                        Subpart C.                              Subpart G [Reg.
                                                       Part 225, Subpart                                                               Y].
                                                       G [Reg. Y].
Credit Risk Retention...........  12 CFR Part 43      12 CFR Part 244     12 CFR Part 373     12 CFR Part 43      12 CFR Part 373     12 CFR Part 244
                                                       [Reg. RR].                                                                      [Reg. RR].
                                                                                                                                      12 CFR Part 244
                                                                                                                                       [Reg. RR].
Frequency of Safety and           12 CFR 4.6-.7       12 CFR 208.64       12 CFR 337.12       12 CFR 4.6 (See     12 CFR 390.351.
 Soundness Examination.                                [Reg. H].                               also, 12 CFR
                                                                                               163.170).
Lending Limits..................  12 CFR Part 32      12 CFR Part 215,    12 CFR 337.3        12 CFR Part 32      12 CFR 390.338.
                                                       Subpart A [Reg.
                                                       O].
Liquidity Risk..................  12 CFR Part 50      12 CFR Part 249     12 CFR Part 329     12 CFR Part 50      12 CFR Part 329     12 CFR Part 249
                                                       [Reg. WW].                                                                      [Reg. WW].
                                                                                                                                      12 CFR Part 249
                                                                                                                                       [Reg. WW].
Real Estate Lending Standards...  12 CFR Part 34,     12 CFR Part 208,    12 CFR Part 365     12 CFR 160.100; 12  12 CFR Part 390,    12 CFR Part 225,
                                   Subpart D.          Subpart E and                           CFR 163.101         Subpart P.          Subpart G [Reg.
                                                       Appx. C [Reg. H].                                                               Y].
Resolution Plans................                                                                                                      12 CFR Part 381;
                                                                                                                                       12 CFR Part 243
                                                                                                                                       [Reg. QQ].
Security Devices and Procedures.  12 CFR Part 21,     12 CFR 208.61       12 CFR Part 326,    12 CFR Part 168     12 CFR Part 391,
                                   Subpart A.          [Reg. H].           Subpart A.                              Subpart A.
Standards for Safety and          12 CFR Part 30      12 CFR Part 208,    12 CFR Part 364     12 CFR Part 30      12 CFR Part 364.
 Soundness.                                            Appx. D-1 [Reg.
                                                       H].
Transactions with Affiliates....  12 CFR Part 223     12 CFR Part 223     12 CFR Part 223     12 CFR 163.41       12 CFR 390.337.
                                   [Reg. W]; 12 CFR    [Reg. W].           [Reg. W].
                                   Part 31.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     OCC Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Heightened Expectations           12 CFR Part 30,                                             12 CFR Part 30,
 Guidelines.                       Appx. D.                                                    Appx. D.
National Bank--Other Real Estate  12 CFR Part 34,
 Owned.                            Subpart E.
Federal Savings Association--                                                                 12 CFR Part 163,
 Financial Management Policies.                                                                Subpart F (See
                                                                                               also 12 CFR
                                                                                               5.59(e)(7)
                                                                                               (service
                                                                                               corporations
                                                                                               only)).

[[Page 79730]]

 
Savings Association--Lending and                                                              12 CFR Part 160     12 CFR Part 160
 Investment Additional Safety                                                                                      (Lending and
 and Soundness Limitations.                                                                                        Investment).
Savings Associations and Savings                                                              12 CFR 162.4; See
 Association Holding Companies                                                                 also, 12 CFR Part
 Audits.                                                                                       363.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Board Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Appraisals: Appraiser                                 12 CFR 226.42; 12   12 CFR Part 1026                                            12 CFR 226.42; 12
 Independence.                                         CFR Part 226,       [Reg. Z].                                                   CFR Part 226,
                                                       Supp. I [Reg. Z].                                                               Supp. I [Reg. Z].
                                                                                                                                      12 CFR 226.42; 12
                                                                                                                                       CFR Part 226,
                                                                                                                                       Supp. I [Reg. Z].
Definitions related to the                                                                                                            12 CFR Part 242
 Financial Stability Oversight                                                                                                         [Reg. PP].
 Council.
Enhanced Prudential Standards                                                                                                         12 CFR Part 252,
 Risk Committee Requirement (for                                                                                                       Subparts B and C
 certain BHCs) Standards for                                                                                                           [Reg. YY].
 BHCs with consolidated assets
 $50 billion or more.
Extensions of Credit by Federal   12 CFR Part 201     12 CFR Part 201     12 CFR Part 201     12 CFR Part 201     12 CFR Part 201
 Reserve Banks.                    [Reg. A].           [Reg. A].           [Reg. A].           [Reg. A].           [Reg. A].
Financial Market Utilities......                      12 CFR Part 234
                                                       [Reg. HH]
Limitations on Interbank          12 CFR Part 206     12 CFR Part 206     12 CFR Part 206     12 CFR Part 206     12 CFR Part 206
 Liabilities.                      [Reg. F].           [Reg. F].           [Reg. F].           [Reg. F].           [Reg. F].
Securities Holding Companies....                                                                                                      12 CFR Part 241
                                                                                                                                       [Reg. OO]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    FDIC Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual Independent Audits and     12 CFR Part 363     12 CFR Part 363     12 CFR Part 363     12 CFR Part 363;    12 CFR Part 363;
 Reporting Requirements.                                                                       See also, 12 CFR    See also, 12 CFR
                                                                                               162.4.              390.322.
Resolution Plans................  12 CFR Part 360.10  12 CFR Part 360.10  12 CFR Part 360.10  12 CFR Part         12 CFR Part
                                                                                               360.10.             360.10.
Unsafe and Unsound Banking                                                12 CFR 337.2.
 Practices Standby Letters of
 Credit.
Unsafe and Unsound Banking        12 CFR 337.6        12 CFR 337.6        12 CFR 337.6        12 CFR 337.6        12 CFR 337.6.
 Practices Brokered Deposits.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     12. Securities
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Interagency Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Banks as Registered Clearing      12 CFR 19.135       12 CFR 208.32-33    12 CFR Part 308,
 Agencies.                                             [Reg. H].           Subpart S.
Banks as Securities Transfer      12 CFR 9.20         12 CFR 208.31       12 CFR Part 341.
 Agents.                                               [Reg. H].

[[Page 79731]]

 
Government Securities Sales       12 CFR Part 13      12 CFR 208.37       12 CFR Part 368.
 Practices.                                            [Reg. H].
Recordkeeping and Confirmation    12 CFR Part 12      12 CFR 208.34       12 CFR Part 344     12 CFR Part 151     12 CFR Part 344.
 of Securities Transactions                            [Reg. H].
 Effected by Banks.
Reporting Requirements for        12 CFR Part 11      12 CFR 208.36       12 CFR Part 335     12 CFR Part 194     12 CFR Part 335.
 Reported Securities Under the                         [Reg. H]
 Securities Exchange Act of 1934.
Securities Offerings............  12 CFR Part 16                                              12 CFR Part 197     12 CFR Part 390,
                                                                                                                   Subpart W.
Swaps Margin....................  12 CFR Part 45      12 CFR Part 237     12 CFR Part 349     12 CFR Part 45      12 CFR Part 349.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     OCC Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
National Bank--Municipal          12 CFR Part 10.
 Securities Dealer Activities of
 Banks.
Federal Savings Association--                                                                 12 CFR Part 193.
 Accounting Requirements and
 Financial Statements.
Savings Association--Proxies....                                                              12 CFR Part 169     12 CFR Part 169.
Federal Savings Association--                                                                 12 CFR 163.5; 12
 Rules on the Issuance and Sale                                                                CFR Part 163,
 of Institution Securities.                                                                    Subpart C.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Board Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Credit by Banks and Persons       12 CFR Part 221     12 CFR Part 221     12 CFR Part 221     12 CFR Part 221     12 CFR Part 221     12 CFR Part 221
 Other than Brokers or Dealers     [Reg. U].           [Reg. U].           [Reg. U].           [Reg. U].           [Reg. U].           [Reg. U].
 for the Purpose of Purchasing                                                                                                        12 CFR Part 221
 or Carrying Margin Stock.                                                                                                             [Reg. U].
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              1. Applications and Reporting
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Interagency Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bank Merger Act.................  12 CFR 5.33                                                 12 CFR 5.33.
Change in Bank Control..........  12 CFR Part 5.50                        12 CFR Part 303     12 CFR Part 5.50    12 CFR Part 303
                                                                           Subpart E.                              Subpart E.
Notice of Addition or Change of   12 CFR 5.51                                                 12 CFR 5.51.
 Directors.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     OCC Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rules, Policies, and Procedures   12 CFR Part 5                                               12 CFR Part 5
 for Corporate Activities.                                                                     (Generally).
Federal Savings Association                                                                   12 CFR 5.55.
 Capital Distribution.

[[Page 79732]]

 
Federal Mutual Savings                                                                        12 CFR 5.20; 12
 Associations--Incorporation,                                                                  CFR 5.21; 12 CFR
 Organization and Conversion; or                                                               5.23; 12 CFR
 Merger, Dissolution,                                                                          5.25; 12 CFR
 Reorganization and Conversion.                                                                5.33; 12 CFR
                                                                                               5.48.
Federal Stock Savings                                                                         12 CFR 5.20; 12
 Associations-Incorporation,                                                                   CFR 5.22; 12 CFR
 Organization and Conversion.                                                                  5.23; 12 CFR
                                                                                               5.25; 12 CFR
                                                                                               5.33; 12 CFR
                                                                                               5.48.
Federal Savings Association                                                                   12 CFR 5.31; 12
 Offices.                                                                                      CFR 5.40; 12 CFR
                                                                                               5.52.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Board Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Concentration Limits............  12 CFR Part 251     12 CFR Part 251     12 CFR Part 251     12 CFR Part 251     12 CFR Part 251     12 CFR Part 251
                                   [Reg. XX].          [Reg. XX].          [Reg. XX].          [Reg. XX].          [Reg. XX].          [Reg. XX].
                                                                                                                                      12 CFR Part 251
                                                                                                                                       [Reg. XX].
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                2. Powers and Activities
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Interagency Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Proprietary Trading and           12 CFR Part 44      12 CFR Part 248     12 CFR Part 351     12 CFR Part 44      12 CFR Part 351     12 CFR Part 248
 Relationships with Covered                            [Reg. VV].                                                                      [Reg. VV].
 Funds.                                                                                                                               12 CFR Part 248
                                                                                                                                       [Reg. VV].
Retail Foreign Exchange           12 CFR Part 48      12 CFR Part 240     12 CFR Part 349     12 CFR Part 48      12 CFR Part 349     12 CFR Part 240
 Transactions.                                         [Reg. NN].                                                                      [Reg. NN].
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     OCC Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Federal Savings Association                                                                   12 CFR 5.26; 12
 Fiduciary Powers.                                                                             CFR Part 150.
Federal Savings Association                                                                   See also Federal
 General.                                                                                      Stock
                                                                                               Associations
                                                                                               provisions on
                                                                                               chartering,
                                                                                               organization and
                                                                                               bylaws at 12 CFR
                                                                                               5.20; 12 CFR
                                                                                               5.21.
                                                                                              See also Federal
                                                                                               Mutual Savings
                                                                                               Associations
                                                                                               provisions on
                                                                                               chartering,
                                                                                               organization and
                                                                                               bylaws at 12 CFR
                                                                                               5.20; 12 CFR 5.22.
Federal Savings Association                                                                   12 CFR Part
 Lending and Investment.                                                                       160.32; 12 CFR
                                                                                               160.35.
                                                                                              See also 12 CFR
                                                                                               5.37; 12 CFR
                                                                                               5.58; 12 CFR
                                                                                               7.1000; 12 CFR
                                                                                               7.3001.

[[Page 79733]]

 
Federal Savings Association                                                                   12 CFR 5.38; 12
 Subordinate Organizations.                                                                    CFR 5.59.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Board Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Proprietary Trading and                                                                                                               12 CFR Part 225,
 Relationships with Covered                                                                                                            Subpart K [Reg.
 Funds.                                                                                                                                Y].
                                                                                                                                      12 CFR Part 225,
                                                                                                                                       Subpart K [Reg.
                                                                                                                                       Y].
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               3. International Operations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Board Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Foreign Banking Organizations:                                                                                                        12 CFR Part 252
 Stress Tests, Risk Committee                                                                                                          Subparts L-O and
 Requirements, and Enhanced                                                                                                            U [Reg. YY].
 Prudential Standards.
Swaps Entities..................                      12 CFR Part 237                                                                 12 CFR Part 237
                                                       [Reg. KK].                                                                      [Reg. KK].
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  4. Banking Operations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Board Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Assessment of Fees..............                                                                                                      12 CFR Part 246
                                                                                                                                       [Reg. TT].
                                                                                                                                      12 CFR Part 246
                                                                                                                                       [Reg. TT].
Debit Card Interchange Fees.....  12 CFR Part 235     12 CFR Part 235     12 CFR Part 235     12 CFR Part 235     12 CFR Part 235
                                   [Reg. II].          [Reg. II].          [Reg. II].          [Reg. II].          [Reg. II].
Reserve Requirements of           12 CFR Part 204     12 CFR Part 204     12 CFR Part 204     12 CFR Part 204     12 CFR Part 204
 Depository Institutions.          [Reg. D].           [Reg. D].           [Reg. D].           [Reg. D].           [Reg. D].
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       5. Capital
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Interagency Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Capital Adequacy: General Ratio   12 CFR Part 3,      12 CFR Part 217,    12 CFR Part 324,    12 CFR Part 3,      12 CFR Part 324,    12 CFR Part 217,
 and Buffers Definition of         Subparts A-C, G-    Subparts A-C, G     Subparts A-C, G     Subparts A-C, G-    Subparts A-C, G     Subparts A-C, G
 Capital Transition.               J.                  [Reg. Q].           [Previously found   J.                  [Previously found   [Reg. Q]. 12 CFR
                                                                           in 12 CFR Part                          in 12 CFR Part      Part 217,
                                                                           325].                                   390, Subpart Z].    Subparts A-C, G
                                                                                                                                       [Reg. Q].
Capital Adequacy: Risk-based      12 CFR Part 3,      12 CFR Part 217,    12 CFR Part 324,    12 CFR Part 3,      12 CFR Part 324,    12 CFR Part 217,
 Capital Surcharge for Global      Subpart H.          Subpart H [Reg.     Subpart H.          Subpart H.          Subpart H.          Subpart H [Reg.
 Systemically Important Bank                           Q].                                                                             Q]. 12 CFR Part
 Holding Companies.                                                                                                                    217, Subpart H
                                                                                                                                       [Reg. Q].
Capital Adequacy: Risk-Weighted   12 CFR Part 3,      12 CFR Part 217,    12 CFR Part 324,    12 CFR Part 3,      12 CFR Part 324,    12 CFR Part 217,
 Assets--Standardized Approach.    Subpart D.          Subpart D [Reg.     Subpart D           Subpart D.          Subpart D           Subpart D [Reg.
                                                       Q].                 [Previously found                       [Previously found   Q]. 12 CFR Part
                                                                           in 12 CFR Part                          in 12 CFR Part      217, Subpart D
                                                                           325 Appx. A].                           390, Subpart Z,     [Reg. Q].
                                                                                                                   Appx. A].
Capital Adequacy: Risk-Weighted   12 CFR Part 3,      12 CFR Part 217,    12 CFR Part 324,    12 CFR Part 3,      12 CFR Part 324,    12 CFR Part 217,
 Assets--Advanced Measurement      Subpart E.          Subpart E [Reg.     Subpart E           Subpart E.          Subpart E           Subpart E [Reg.
 Approaches.                                           Q].                 [Previously found                       [Previously found   Q]. 12 CFR Part
                                                                           in 12 CFR Part                          in 12 CFR Part      217, Subpart E
                                                                           325 Appx. D].                           390, Subpart Z,     [Reg. Q].
                                                                                                                   Appx. A].

[[Page 79734]]

 
Capital Adequacy: Risk-Weighted   12 CFR Part 3,      12 CFR Part 217,    12 CFR Part 324,    12 CFR Part 3,      12 CFR Part 324,    12 CFR Part 217,
 Assets--Market Risk.              Subpart F.          Subpart F [Reg.     Subpart F           Subpart F.          Subpart F           Subpart F [Reg.
                                                       Q].                 [Previously found                       [Previously found   Q]. 12 CFR Part
                                                                           in 12 CFR Part                          in 12 CFR Part      217, Subpart F
                                                                           325 Appx. C].                           390, Subpart Z,     [Reg. Q].
                                                                                                                   Appx. A].
Capital Adequacy Guidelines.....  12 CFR Part 3,      12 CFR Part 208,    12 CFR Part 324     12 CFR Part 3,      12 CFR Part 324     12 CFR Part 225,
                                   Appx. A and B.      Appx. A, B, and E   [Previously found   Appx. A and B.      [Previously found   Appx. A, B, D,
                                                       [Reg. H].           in 12 CFR Part                          in 12 CFR Part      and E [Reg. Y].
                                                                           325 Appx. A-D].                         390, Subpart Z,
                                                                                                                   Appx. A].
Prompt Corrective Action........  12 CFR Part 6       12 CFR Part 208,    12 CFR Part 324,    12 CFR Part 6;      12 CFR Part 324,    12 CFR Part 208,
                                                       Subpart D [Reg.     Subpart H                               Subpart H           Subpart D [Reg.
                                                       H]; 12 CFR Part     [Previously found                       [Previously found   H]; 12 CFR Part
                                                       263, Subpart H      in 12 CFR Part                          in 12 CFR Part      263, Subpart H.
                                                                           325, Subpart B]                         390, Subpart Y].
Small Bank Holding Company and                                                                                                        12 CFR Part 225,
 Savings and Loan Holding                                                                                                              Appx. C [Reg. Y].
 Company Policy Statement.                                                                                                             12 CFR Part 225,
                                                                                                                                       Appx. C [Reg. Y].
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     OCC Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual Stress Tests.............  12 CFR Part 46                                              12 CFR Part 46.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Board Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Capital Planning................                                                                                                      12 CFR Part 225.8
                                                                                                                                       [Reg. Y].
Domestic Banking Organizations:                       12 CFR Part 252,                                                                12 CFR Part 252,
 Stress Tests, Risk Committee                          Subparts B-F and                                                                Subparts B-F and
 Requirements, Company Run and                         U [Reg. YY].                                                                    U [Reg. YY]. 12
 Supervisory, and Enhanced                                                                                                             CFR Part 252,
 Prudential Standards.                                                                                                                 Subpart B
                                                                                                                                       [Reg.[hairsp]YY].
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    FDIC Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual Stress Tests.............                                          12 CFR Part 325,                        12 CFR Part 325,
                                                                           Subpart C.                              Subpart C.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              6. Community Reinvestment Act
--------------------------------------------------------------------------------------------------------------------------------------------------------
All rules under this category were included in the charts published in the First Notice
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 7. Consumer Protection
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Interagency Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Loans in Areas Having Special     12 CFR Part 22.     12 CFR Part         12 CFR Part 339     12 CFR Part 22      12 CFR Part 339.
 Flood Hazards.                                        208.25, 208.25
                                                       Appx. A, B [Reg.
                                                       H].
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          8. Directors, Officers, and Employees
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    FDIC Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Management Official Interlocks..                                                                                  12 CFR Part 348.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   9. Money Laundering
--------------------------------------------------------------------------------------------------------------------------------------------------------
All rules under this category were included in the charts published in the First Notice
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 79735]]

 
                                                                 10. Rules of Procedure
--------------------------------------------------------------------------------------------------------------------------------------------------------
All rules under this category are included in Chart A above
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                11. Safety and Soundness
--------------------------------------------------------------------------------------------------------------------------------------------------------
All rules under this category are included in Chart A above
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     12. Securities
--------------------------------------------------------------------------------------------------------------------------------------------------------
All rules under this category are included in Chart A above
--------------------------------------------------------------------------------------------------------------------------------------------------------


    Dated: December 16, 2015.
Thomas J. Curry,
Comptroller of the Currency.
    By order of the Board of Governors of the Federal Reserve 
System, December 11, 2015.
Robert deV. Frierson,
Secretary of the Board.
    Dated: December 16, 2015.

    By order of the Board of Directors.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2015-32312 Filed 12-22-15; 8:45 am]
 BILLING CODE P



                                                      79724             Federal Register / Vol. 80, No. 246 / Wednesday, December 23, 2015 / Proposed Rules

                                                      § 1217.8   Statute of Limitations.                         (12) Whether the respondent                        DEPARTMENT OF THE TREASURY
                                                        The statute of limitations for                        cooperated in or obstructed an
                                                      commencing a hearing under this part                    investigation of the misconduct;                      Office of the Comptroller of the
                                                      shall be tolled:                                                                                              Currency
                                                                                                                 (13) Whether the respondent assisted
                                                        (a) If the hearing is commenced in
                                                                                                              in identifying and prosecuting other                  12 CFR Chapter I
                                                      accordance with 31 U.S.C. 3803(d)(2)(B)
                                                      within 6 years after the date on which                  wrongdoers;
                                                                                                                                                                    [Docket ID FFIEC–2014–0001]
                                                      the claim or statement is made; or                         (14) The complexity of the program or
                                                        (b) If the parties agree to such tolling.             transaction, and the degree of the                    FEDERAL RESERVE SYSTEM
                                                                                                              respondent’s sophistication with respect
                                                      § 1217.9   Hearings.
                                                                                                              to it, including the extent of the                    12 CFR Chapter II
                                                         (a) General. Hearings under this part                respondent’s prior participation in the
                                                      shall be conducted in accordance with                                                                         [Docket No. R–1510]
                                                                                                              program or in similar transactions;
                                                      the procedures in subpart B of part 1209
                                                      of this chapter, governing actions in                      (15) Whether the respondent has been               FEDERAL DEPOSIT INSURANCE
                                                      accordance with subchapter II of                        found, in any criminal, civil, or                     CORPORATION
                                                      chapter 5, U.S.C. (commonly known as                    administrative proceeding, to have
                                                      the Administrative Procedure Act).                      engaged in similar misconduct or to                   12 CFR Chapter III
                                                         (b) Factors to consider in determining               have dealt dishonestly with the
                                                      amount of penalties and assessments. In                 Government of the United States or of                 Regulatory Publication and Review
                                                      determining an appropriate amount of                                                                          Under the Economic Growth and
                                                                                                              a State, directly or indirectly;
                                                      any civil penalty and, if appropriate,                                                                        Regulatory Paperwork Reduction Act
                                                                                                                 (16) The need to deter the respondent              of 1996
                                                      any assessment, the presiding officer
                                                      and, upon appeal, the Director or                       and others from engaging in the same or
                                                                                                              similar misconduct;                                   AGENCY:  Office of the Comptroller of the
                                                      designee thereof, shall consider and                                                                          Currency (‘‘OCC’’), Treasury; Board of
                                                      state in his or her opinion any                            (17) The respondent’s ability to pay;              Governors of the Federal Reserve
                                                      mitigating or aggravating circumstances.                and                                                   System (‘‘Board’’); and Federal Deposit
                                                      The amount of penalties and                                (18) Any other factors that in any                 Insurance Corporation (‘‘FDIC’’).
                                                      assessments imposed shall be based on                   given case may mitigate or aggravate the              ACTION: Notice of regulatory review;
                                                      the presiding officer’s and the Director’s
                                                                                                              seriousness of the false claim or                     request for comments.
                                                      or designee’s consideration of evidence
                                                                                                              statement.
                                                      in support of one or more of the                                                                              SUMMARY:    The OCC, Board, and FDIC
                                                      following factors:                                         (c) Stays ordered by the Department                (each an ‘‘Agency’’; together ‘‘we’’ or
                                                         (1) The number of false, fictitious, or              of Justice. If at any time the Attorney               ‘‘Agencies’’) are conducting a review of
                                                      fraudulent claims or statements;                        General or an Assistant Attorney                      the regulations we have issued in order
                                                         (2) The time period over which such                  General designated by the Attorney                    to identify outdated or otherwise
                                                      claims or statements were made;                         General notifies the Director in writing              unnecessary regulatory requirements
                                                         (3) The degree of the respondent’s                   that continuation of FHFA’s action may                imposed on insured depository
                                                      culpability with respect to the                         adversely affect any pending or                       institutions, as required by the
                                                      misconduct;                                             potential criminal or civil action related            Economic Growth and Regulatory
                                                         (4) The amount of money or the value
                                                                                                              to the claim or statement at issue, the               Paperwork Reduction Act of 1996
                                                      of the property, services, or benefit
                                                                                                              presiding officer or the Director shall               (EGRPRA). EGRPRA requires the
                                                      falsely claimed;
                                                         (5) The value of the actual loss to                  stay the FHFA action immediately. The                 Agencies to organize the regulations
                                                      FHFA as a result of the misconduct,                     FHFA action may be resumed only upon                  into categories and publish groups of
                                                      including foreseeable consequential                     receipt of the written authorization of               categories for comment. In this notice,
                                                      damages and the cost of investigation;                  the Attorney General.                                 the Agencies are seeking public
                                                         (6) The relationship of the civil                                                                          comment on regulations in the
                                                      penalties to the amount of the loss to                  § 1217.10    Settlements.                             following categories: Rules of
                                                      FHFA;                                                      (a) General. The reviewing official, on            Procedure; Safety and Soundness; and
                                                         (7) The potential or actual impact of                                                                      Securities. We have listed these rules on
                                                                                                              behalf of FHFA, and the respondent
                                                      the misconduct upon public health or                                                                          a chart included with this notice.
                                                                                                              may enter into a settlement agreement                    In addition, as we previously
                                                      safety or public confidence in the                      under § 1209.20 of this chapter at any
                                                      management of FHFA programs and                                                                               announced, the Agencies have
                                                                                                              time prior to the issuing of a notice of              expanded the scope of the EGRPRA
                                                      operations, including particularly the
                                                                                                              final decision under § 1209.55 of this                review to include the Agencies’ recently
                                                      impact on the intended beneficiaries of
                                                                                                              chapter.                                              issued final rules. Accordingly, in this
                                                      such programs;
                                                         (8) Whether the respondent has                          (b) Failure to comply. Failure of the              notice, the Agencies invite the public to
                                                      engaged in a pattern of the same or                     respondent to comply with a settlement                comment on any Agency final rule not
                                                      similar misconduct;                                     agreement shall be sufficient cause for               included in a previous EGRPRA Federal
                                                         (9) Whether the respondent attempted                                                                       Register notice. To facilitate
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                                                                              resuming an action under this part, or
                                                      to conceal the misconduct;                              for any other judicial or administrative              identification of these recently issued
                                                         (10) The degree to which the                         action.                                               rules, we have included with this notice
                                                      respondent has involved others in the                                                                         a separate chart that lists these rules.
                                                      misconduct or in concealing it;                           Dated: December 16, 2015.                              Finally, in order to be as inclusive as
                                                         (11) If the misconduct of employees or               Melvin L. Watt,                                       possible, the Agencies also invite
                                                      agents is imputed to the respondent, the                Director, Federal Housing Finance Agency.             comment during the comment period
                                                      extent to which the respondent’s                        [FR Doc. 2015–32182 Filed 12–22–15; 8:45 am]          for this notice on any Agency rule that
                                                      practices fostered or attempted to                      BILLING CODE 8070–01–P
                                                                                                                                                                    is issued in final form on or before
                                                      preclude the misconduct;                                                                                      December 31, 2015. We will list these


                                                 VerDate Sep<11>2014   17:28 Dec 22, 2015   Jkt 238001   PO 00000   Frm 00006   Fmt 4702   Sfmt 4702   E:\FR\FM\23DEP1.SGM   23DEP1


                                                                        Federal Register / Vol. 80, No. 246 / Wednesday, December 23, 2015 / Proposed Rules                                                   79725

                                                      rules on the EGRPRA Web site, http://                   requires that visitors make an                        FDIC
                                                      egrpra.ffiec.gov/. The public may also                  appointment to inspect or photocopy
                                                      comment on any other Agency rule,                       comments. You may make an                               The FDIC encourages commenters to
                                                      including rules covered by the three                    appointment by calling (202) 649–6700                 submit comments through the Federal
                                                      prior notices during the open comment                   or, for persons who are deaf or hard of               eRulemaking Portal, ‘‘Regulations.gov,’’
                                                      period for this notice.                                 hearing, TTY (202) 649–5597. Upon                     in accordance with the directions above.
                                                      DATES: Written comments must be                         arrival, visitors will be required to                 Alternatively, you may submit
                                                      received by no later than March 22,                     present valid government-issued photo                 comments by any of the following
                                                      2016.                                                   identification and submit to a security               methods:
                                                                                                              screening.                                              • Agency Web site: http://
                                                      ADDRESSES: Any interested individual
                                                                                                                                                                    www.fdic.gov/regulations/laws/federal.
                                                      may submit comments through the                         Board
                                                                                                                                                                    Follow instructions for submitting
                                                      EGRPRA Web site during open
                                                                                                                The Board encourages commenters to                  comments on the Agency Web site.
                                                      comment periods at: http://
                                                      egrpra.ffiec.gov/submit-comment/                        submit comments regarding the Board’s                   • Email: Comments@FDIC.gov.
                                                      submit-comment-index.html. On this                      regulations by any of the following                   Include ‘‘EGRPRA’’ in the subject line of
                                                      site, click ‘‘Submit a Comment’’ and                    methods:                                              the message.
                                                      follow the instructions. Alternatively,                   • Agency Web site: http://                            • Mail: Robert E. Feldman, Executive
                                                      comments also may be submitted                          www.federalreserve.gov/apps/foia/                     Secretary, Attention: Comments, Federal
                                                      through the Federal eRulemaking Portal                  proposedregs.aspx. Follow the                         Deposit Insurance Corporation, 550 17th
                                                      ‘‘Regulations.gov’’ at: http://                         instructions for submitting comments                  Street NW., Washington, DC 20429.
                                                      www.regulations.gov. Enter ‘‘Docket ID                  on the Agency Web site.
                                                                                                                                                                      • Hand Delivery/Courier: Guard
                                                      FFIEC–2014–0001’’ in the Search Box,                      • Federal eRulemaking Portal, in                    station at the rear of the 550 17th Street
                                                      click ‘‘Search,’’ and click ‘‘Comment                   accordance with the directions above.                 Building (located on F Street) on
                                                      Now.’’ Those who wish to submit their
                                                      comments by an alternate means may do                     • Email:                                            business days between 7:00 a.m. and
                                                                                                              regs.comments@federalreserve.gov.                     5:00 p.m. (EDT).
                                                      so as indicated by each Agency below.
                                                                                                              Include ‘‘EGRPRA’’ and Docket No. R–                    The FDIC will post all comments
                                                      OCC                                                     1510 in the subject line of the message.              received to http://www.fdic.gov/
                                                         The OCC encourages commenters to                       • FAX: (202) 452–3819.                              regulations/laws/federal without
                                                      submit comments through the Federal                       • Mail: Robert deV. Frierson,                       change, including any personal
                                                      eRulemaking Portal, Regulations.gov, in                 Secretary, Board of Governors of the                  information provided. Comments may
                                                      accordance with the previous                            Federal Reserve System, 20th Street and               be inspected and photocopied in the
                                                      paragraph. Alternatively, comments                      Constitution Avenue NW., Washington,                  FDIC Public Information Center, 3501
                                                      may be emailed to                                       DC 20551.                                             North Fairfax Drive, Room E–1002,
                                                      regs.comments@occ.treas.gov or sent by                                                                        Arlington, VA 22226, between 9:00 a.m.
                                                      mail to Legislative and Regulatory                        In general, the Board will enter all                and 5:00 p.m. (EDT) on business days.
                                                      Activities Division, Office of the                      comments received into the docket and                 Paper copies of public comments may
                                                      Comptroller of the Currency, Mail Stop                  publish them without change on the                    be ordered from the Public Information
                                                      9W–11, 400 7th Street SW., Washington,                  Board’s public Web site                               Center by calling (877) 275–3342.
                                                      DC 20219. Comments also may be faxed                    www.federalreserve.gov;
                                                                                                              Regulations.gov; and http://                          FOR FURTHER INFORMATION CONTACT:
                                                      to (571) 465–4326 or hand delivered or
                                                                                                              egrpra.ffiec.gov. Comments received,                  OCC: Karen McSweeney, Counsel (202)
                                                      sent by courier to 400 7th Street SW.,
                                                                                                              including attachments and other                       649–6295; Heidi M. Thomas, Special
                                                      Washington, DC 20219. For comments
                                                                                                              supporting materials, as well as any                  Counsel (202) 649–5490; Rima
                                                      submitted by any means other than
                                                                                                              business or personal information you                  Kundnani, Attorney (202) 649–5545; for
                                                      Regulations.gov, you must include
                                                                                                              provide, such as your name and                        persons who are deaf or hard of hearing,
                                                      ‘‘OCC’’ as the Agency name and ‘‘Docket
                                                                                                              address, email address, or phone                      TTY (202) 649–5597.
                                                      ID FFIEC–2014–0001’’ in your
                                                      comment.                                                number, are part of the public record                   Board: Claudia Von Pervieux, Counsel
                                                         In general, the OCC will enter all                   and subject to public disclosure.                     (202) 452–2552; Brian Phillips, Attorney
                                                      comments received into the docket and                   Therefore, please do not enclose any                  (202) 452–3321; for persons who are
                                                      publish them without change on                          information with your comment or                      deaf or hard of hearing, TTY (202) 263–
                                                      Regulations.gov. Comments received,                     supporting materials that you consider                4869.
                                                      including attachments and other                         confidential or inappropriate for public
                                                                                                              disclosure.                                             FDIC: Ruth R. Amberg, Assistant
                                                      supporting materials, as well as any                                                                          General Counsel (202) 898–3736; Ann
                                                      business or personal information you                      You may inspect and photocopy in                    Taylor, Supervisory Counsel (202) 898–
                                                      provide, such as your name and                          person all comments received by the                   3573; for persons who are deaf or hard
                                                      address, email address, or phone                        Board in Room 3515, 1801 K Street                     of hearing, TTY 1–800–925–4618.
                                                      number, are part of the public record                   NW., (between 18th and 19th Street
                                                      and subject to public disclosure.                       NW.,) Washington, DC 20006, between                   SUPPLEMENTARY INFORMATION:
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                                                      Therefore, please do not include any                    9:00 a.m. and 5:00 p.m. on weekdays.                  I. Introduction
                                                      information with your comment or                        For security reasons, the Board requires
                                                      supporting materials that you consider                  that visitors make an appointment to                    Section 2222 of EGRPRA 1 requires
                                                      confidential or inappropriate for public                inspect comments. You may make an                     that, not less frequently than once every
                                                      disclosure.                                             appointment by calling (202) 452–3000.                10 years, the Federal Financial
                                                         You may inspect and photocopy in                     Upon arrival, visitors will be required to            Institutions Examination Council
                                                      person all comments received by the                     present valid government-issued photo
                                                      OCC at 400 7th Street SW., Washington,                  identification and submit to a security                 1 Public Law 104–208 (1996), codified at 12

                                                      DC 20219. For security reasons, the OCC                 screening.                                            U.S.C. 3311.



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                                                      79726              Federal Register / Vol. 80, No. 246 / Wednesday, December 23, 2015 / Proposed Rules

                                                      (FFIEC),2 along with the Agencies,3                     amends a current regulation, smaller                  the regulations by type and sought to
                                                      conduct a review of their regulations to                institutions may have to devote                       have no category be too large or broad.
                                                      identify outdated or otherwise                          considerable resources to determine if                   To carry out the EGRPRA review, the
                                                      unnecessary requirements imposed on                     and how the regulation will affect them.              Agencies have published three Federal
                                                      insured depository institutions.4 The                   Through the public comment process,                   Register notices, each addressing one or
                                                      EGRPRA regulatory review provides an                    the EGRPRA review can help the                        more categories of rules. Each Federal
                                                      opportunity for the public and the                      Agencies identify and target regulatory               Register notice provided a 90-day
                                                      Agencies to look at groups of related                   changes to reduce unnecessary burden                  comment period. On June 4, 2014, the
                                                      regulations and to identify opportunities               on these smaller institutions.                        Agencies published the first such
                                                      for burden reduction. For example, the                                                                        notice, seeking comment on three
                                                      EGRPRA review may facilitate the                           Burden reduction must, however, be                 categories of rules: Applications and
                                                      identification of statutes and regulations              consistent with the Agencies’ statutory               Reporting; Powers and Activities; and
                                                      that share similar goals or                             mandates, many of which require the                   International Operations.7 On February
                                                      complementary methods where one or                      issuance of regulations. These mandates               13, 2015, the Agencies published the
                                                      more Agencies could eliminate                           include ensuring the safety and                       second notice, seeking comment on
                                                      overlapping requirements.                               soundness of insured depository                       three additional categories of rules:
                                                      Alternatively, commenters may identify                  institutions, their affiliates, and the               Banking Operations; Capital; and the
                                                      regulations or statutes that impose                     financial system as a whole. EGRPRA                   Community Reinvestment Act.8 On June
                                                      requirements that are no longer                         recognizes that effective burden                      5, 2015, the Agencies published the
                                                      consistent with the way that business is                reduction may require legislative                     third notice, seeking comment on three
                                                      conducted and that the Agencies should                  change. Accordingly, as part of this                  additional categories: Consumer
                                                      eliminate or revise.                                    review, we specifically ask the public to             Protection; Directors, Officers and
                                                         In addition to providing an                          comment on the relationships among                    Employees; and Money Laundering
                                                      opportunity to consider burden                          burden reduction, regulatory                          (Third Notice).9 The comment period
                                                      reduction generally, the EGRPRA review                  requirements, and statutory mandates.                 for the Third Notice closed on
                                                      also provides the Agencies and the                         In addition, we note that the Agencies             September 3, 2015.
                                                      public with an opportunity to consider                  consider potential regulatory burden                     In the Third Notice, the Agencies also
                                                      burden reduction on community banks                     each time we propose, adopt, or amend                 announced their decision to expand the
                                                      and other small, insured depository                     a rule. For example, under the                        scope of the EGRPRA review to include
                                                      institutions or holding companies. We                   Paperwork Reduction Act of 1995 and                   recently issued rules, such as those
                                                      are keenly aware of the role that these                                                                       issued pursuant to the Dodd-Frank Act
                                                                                                              the Regulatory Flexibility Act, the
                                                      institutions play in providing                                                                                and the recently promulgated domestic
                                                                                                              Agencies assess each rulemaking with
                                                      consumers and businesses across the                                                                           capital and liquidity rules. The
                                                                                                              respect to the burdens the rule might
                                                      nation with essential financial services                                                                      Agencies identified these rules, referred
                                                                                                              impose. Furthermore, we invite the
                                                      and access to credit, and we are                                                                              to as ‘‘Newly Listed Rules,’’ on a chart
                                                                                                              public to comment on every rule we
                                                      concerned about the impact of                                                                                 included with the Third Notice. The
                                                      regulatory burden on these smaller                      propose, as required by the
                                                                                                              Administrative Procedure Act (APA).                   Third Notice stated that the public
                                                      institutions. We understand that when                                                                         could comment on the Newly Listed
                                                      an Agency issues a new regulation or                    II. The EGRPRA Review Process                         Rules during the comment period for
                                                                                                                                                                    the final EGRPRA notice.
                                                         2 The FFIEC is an interagency body empowered           Taken together for purposes of                         Today, we are publishing the fourth
                                                      to prescribe uniform principles, standards, and         EGRPRA, the Agencies’ regulations
                                                      report forms for the Federal examination of
                                                                                                                                                                    and final EGRPRA notice, addressing
                                                      financial institutions and to make recommendations
                                                                                                              covering insured depository institutions              the categories of Rules of Procedure;
                                                      to promote uniformity in the supervision of             encompass more than 100 subjects.5                    Safety and Soundness; and Securities.
                                                      financial institutions. The FFIEC does not issue        Consistent with the EGRPRA statute, the               We invite the public to identify
                                                      regulations that impose burden on financial             Agencies grouped these regulations into
                                                      institutions and, therefore, we have not separately                                                           outdated, unduly burdensome, or
                                                      captioned the FFIEC in this notice.                     the following 12 regulatory categories:               otherwise unnecessary regulatory
                                                         3 The FFIEC is comprised of the OCC, Board,          Applications and Reporting; Banking                   requirements imposed on insured
                                                      FDIC, National Credit Union Administration              Operations; Capital; Community                        depository institutions and their
                                                      (NCUA), Consumer Financial Protection Bureau
                                                      (CFPB), and State Liaison Committee. Of these, only
                                                                                                              Reinvestment Act; Consumer                            holding companies in these three
                                                      the OCC, Board, and FDIC are statutorily required       Protection; 6 Directors, Officers and                 categories. Chart A in Section IV
                                                      to undertake the EGRPRA review. The NCUA                Employees; International Operations;                  contains the Agencies’ rules in these
                                                      elected to participate in the first EGRPRA review 10    Money Laundering; Powers and
                                                      years ago, and the NCUA Board again has elected
                                                                                                                                                                    three categories, including the Newly
                                                      to participate in this review process. Consistent       Activities; Rules of Procedure; Safety                Listed Rules in these three categories. In
                                                      with its approach during the first EGRPRA review,       and Soundness; and Securities. To                     addition, consistent with the expanded
                                                      the NCUA will separately issue notices and requests     determine these categories, we divided                scope of the EGRPRA review, we invite
                                                      for comment on its rules. The CFPB is required to
                                                      review its significant rules and publish a report of
                                                                                                                                                                    the public to identify outdated, unduly
                                                      its review no later than five years after they take       5 Consistent with EGRPRA’s focus on reducing        burdensome, or otherwise unnecessary
                                                      effect. See 12 U.S.C. 5512(d). This process is          burden on insured depository institutions, the        regulatory requirements imposed on
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                                                      separate from the EGRPRA process.                       Agencies have not included their internal,
                                                                                                              organizational, or operational regulations in this
                                                                                                                                                                    insured depository institutions and their
                                                         4 Insured depository institutions also are subject

                                                      to regulations that are not required to be reviewed     review.                                               holding companies by the Newly Listed
                                                      under the EGRPRA process. Examples include rules          6 As we have previously noted, the Agencies are     Rules in the nine categories covered by
                                                      for which rulemaking authority has transferred to       seeking comment only on those consumer                the Prior Notices. Chart B in Section IV
                                                      the CFPB and anti-money laundering regulations          protection regulations for which we retain            contains the Newly Listed Rules in
                                                      issued by the Department of the Treasury’s              rulemaking authority for insured depository
                                                      Financial Crimes Enforcement Network, among             institutions and regulated holding companies
                                                                                                                                                                      7 79 FR 32172.
                                                      others. If, during the EGRPRA review, the Agencies      following passage of section 1061 of the Dodd-
                                                                                                                                                                      8 80 FR 7980.
                                                      receive a comment about a regulation that is not        Frank Wall Street Reform and Consumer Protection
                                                      subject to the EGRPRA review, we will forward that      Act, Public Law 111–203 (2010) (Dodd-Frank Act),        9 80 FR 32046. Together, the three EGRPRA

                                                      comment to the appropriate agency.                      codified at 12 U.S.C. 5581(b).                        notices are referred to as the ‘‘Prior Notices.’’



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                                                                        Federal Register / Vol. 80, No. 246 / Wednesday, December 23, 2015 / Proposed Rules                                           79727

                                                      these nine categories, including rules                  III. Request for Burden Reduction                     and indicate how they should be
                                                      issued in final form since the Third                    Comments on Regulations in the Rules                  amended.
                                                      Notice.                                                 of Procedure, Safety and Soundness,                      • Overarching approaches/flexibility.
                                                         Finally, in order to be as inclusive as              and Securities Categories; on Newly                   (1) With respect to the regulations in
                                                      possible, the Agencies invite comment                   Listed Rules in the Other Categories of               these categories, could an Agency use a
                                                                                                              Regulations; and on Any Other Final                   different approach to lessen the burden
                                                      on any other rule issued in final form
                                                                                                              Rule Issued by December 31, 2015                      imposed by the regulations and achieve
                                                      on or before December 31, 2015, which
                                                                                                                                                                    statutory intent? (2) Do any of these
                                                      will be listed on the EGRPRA Web site,                     As stated previously in this notice,
                                                                                                                                                                    rules impose unnecessarily inflexible
                                                      http://egrpra.ffiec.gov/. Furthermore, as               the Agencies are asking the public to
                                                                                                                                                                    requirements? (3) If so, please identify
                                                      has been the practice of the Agencies,                  comment on regulations in the Rules of
                                                                                                                                                                    the regulations and indicate how they
                                                      we invite comment on any of the                         Procedure; Safety and Soundness; and
                                                                                                                                                                    should be amended.
                                                      Agencies’ final rules included in this                  Securities categories. Chart A in Section
                                                                                                                                                                       • Effect on competition. (1) Do any of
                                                      EGRPRA review during the open                           IV contains the Agencies’ rules that are
                                                                                                                                                                    the regulations or underlying statutes
                                                      comment period for this notice.                         in these three categories. The Agencies
                                                                                                                                                                    create competitive disadvantages for one
                                                                                                              are also asking the public to comment
                                                         As part of the EGRPRA review, the                                                                          part of the financial services industry
                                                                                                              on the Newly Listed Rules in the nine
                                                      Agencies have held a series of outreach                                                                       compared to another or for one type of
                                                                                                              categories covered by the Prior Notices.
                                                      meetings around the country to provide                                                                        insured depository institution compared
                                                                                                              Chart B in Section IV contains the
                                                      an opportunity for bankers, consumer                                                                          to another? (2) If so, please identify the
                                                                                                              Newly Listed Rules. Both charts include
                                                      and community groups, and other                                                                               regulations and indicate how they
                                                                                                              any rules issued on or before December
                                                      interested persons to present their views                                                                     should be amended.
                                                                                                              23, 2015. The Agencies will also accept
                                                      directly to Agency senior management                                                                             • Reporting, recordkeeping and
                                                                                                              comment during the open comment
                                                      and staff on any of the regulations in the                                                                    disclosure requirements. (1) Do any of
                                                                                                              period of this notice on any other
                                                      EGRPRA review. The Agencies held a                                                                            the regulations or underlying statutes in
                                                                                                              Agency rule issued in final form by
                                                      final outreach meeting on December 2,                                                                         these categories impose outdated or
                                                                                                              December 31, 2015. In addition, we will
                                                      2015, in the Washington, DC area.                                                                             otherwise unnecessary reporting,
                                                                                                              accept comments on any of the
                                                      Transcripts from and other information                                                                        recordkeeping, or disclosure
                                                                                                              Agencies’ rules, including those rules in
                                                                                                                                                                    requirements on insured depository
                                                      about the outreach meetings can be                      categories covered in the Prior Notices.
                                                                                                                                                                    institutions or their holding companies?
                                                      found on the Agencies’ EGRPRA Web                          Where possible, we ask commenters                  (2) Could a financial institution fulfill
                                                      site, http://egrpra.ffiec.gov.                          to cite specific regulatory language or               any of these requirements electronically
                                                         Following the close of the comment                   provisions. We also welcome suggested                 (if it is not already permitted to do so)
                                                      period for this final notice, the Agencies              alternative provisions or language in                 and experience burden reduction? (3) If
                                                      will review all of the comments we have                 support of a comment, where                           so, please identify the regulations and
                                                      received and decide whether further                     appropriate. Where implementation of a                indicate how they should be amended.
                                                      action is appropriate with respect to the               suggestion would require modification                    • Unique characteristics of a type of
                                                                                                              of a statute, we ask the commenter to                 institution. (1) Do any of the regulations
                                                      regulations. The Agencies will make
                                                                                                              identify the statute and the needed                   or underlying statutes in these
                                                      this decision jointly in the case of rules
                                                                                                              change, where possible.                               categories impose requirements that are
                                                      that we have issued on an interagency
                                                      basis. For rules issued by one Agency,                     Specific issues for commenters to                  unwarranted by the unique
                                                                                                              consider. The Agencies specifically                   characteristics of a particular type of
                                                      the issuing Agency will review the
                                                                                                              invite comment on the following issues                insured depository institution or
                                                      comments received and independently
                                                                                                              as they pertain to (a) the Agencies’ Rules            holding company? (2) If so, please
                                                      determine whether amendments to or                      of Procedure; Safety and Soundness
                                                      repeal of its rules are appropriate. If so,                                                                   identify the regulations and indicate
                                                                                                              rules; and Securities rules, on Chart A;              how they should be amended.
                                                      that Agency will initiate a rulemaking to               (b) any of the Newly Listed Rules on
                                                      effect such change.                                                                                              • Clarity. (1) Are the regulations in
                                                                                                              Chart B; and (c) any other Agency rule                these categories clear and easy to
                                                         Finally, EGRPRA also requires the                    that is issued in final form by December              understand? (2) Are there specific
                                                      FFIEC or the Agencies to publish in the                 31, 2015.                                             regulations for which clarification is
                                                      Federal Register a summary of the                          • Need for statutory change. (1) Do                needed? (3) If so, please identify the
                                                      comments received, identifying                          any statutory requirements underlying                 regulations and indicate how they
                                                      significant issues raised and                           the rules in these categories impose                  should be amended.
                                                      commenting on these issues. It also                     outdated or otherwise unnecessary                        • Burden on community banks and
                                                      directs the Agencies to eliminate                       regulatory requirements? (2) If so, please            other smaller, insured depository
                                                      unnecessary regulations to the extent                   identify the statutes and indicate how                institutions. (1) Are there regulations or
                                                      that such action is appropriate. The                    they should be amended.                               underlying statutes in these categories
                                                      statute additionally requires the FFIEC                    • Need and purpose of the                          that impose outdated or otherwise
                                                      to submit to Congress a report that                     regulations. (1) Have there been changes              unnecessary requirements on a
                                                      summarizes any significant issues raised                in the financial services industry,                   substantial number of community banks
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                                                      in the public comments and the relative                 consumer behavior, or other                           or other smaller, insured depository
                                                      merits of such issues. The report also                  circumstances that cause any                          institutions or holding companies? (2)
                                                      must include an analysis of whether the                 regulations in these categories to be                 Have the Agencies issued regulations
                                                      Agencies are able to address the                        outdated or otherwise unnecessary? (2)                pursuant to a common statute that, as
                                                      regulatory burdens associated with such                 If so, please identify and indicate how               applied by the Agencies, create
                                                      issues or whether these burdens must be                 they should be amended. (3) Do any of                 redundancies or impose inconsistent
                                                      addressed by legislative action.                        these regulations impose burdens not                  requirements? (3) Should any of these
                                                                                                              required by their underlying statutes?                regulations be amended or repealed in
                                                                                                              (4) If so, please identify the regulations            order to minimize this impact? (4) If so,


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                                                      79728             Federal Register / Vol. 80, No. 246 / Wednesday, December 23, 2015 / Proposed Rules

                                                      please identify the regulations and                     with the intent of the underlying                      faithful to statutory intent? (3) If so,
                                                      indicate how they should be amended.                    statute(s)? (2) Could we amend the                     please identify the regulations and
                                                        • Scope of rules. (1) Is the scope of                 scope of a rule to clarify its applicability           indicate how they should be amended.
                                                      each rule in these categories consistent                or reduce burden, while remaining

                                                                                                                                      State
                                                                                     National                State                                       Federal savings        State savings     BHCs & FHCs
                                                             Subject                                                               non-member
                                                                                      banks               member banks                                    associations          associations        SLHCs
                                                                                                                                      banks

                                                                                                                          10. Rules of Procedure

                                                                                                                         Interagency Regulations

                                                      Uniform Rules of         12 CFR Part 19,           12 CFR Part 263        12 CFR Part 308         12 CFR Part 109,      12 CFR Part        12 CFR Part 263.
                                                        Practice and Pro-        Subpart A.                                                               Subpart A.            390.30.
                                                        cedure.

                                                                                                                                OCC Regulations

                                                      National Bank Vol-    12 CFR 5.48.
                                                        untary Liquidation.
                                                      Federal Savings As-                                                                               12 CFR Part 112.
                                                        sociation—Inves-
                                                        tigative Pro-
                                                        ceedings and
                                                        Formal Examina-
                                                        tions.
                                                      Federal Savings As-                                                                               12 CFR Part 158.
                                                        sociation—Pos-
                                                        session by Con-
                                                        servators and Re-
                                                        ceivers for Fed-
                                                        eral and State
                                                        Savings Associa-
                                                        tions.
                                                      Federal Savings As-                                                                               12 CFR Part 108.
                                                        sociation—Re-
                                                        movals, Suspen-
                                                        sions and Prohibi-
                                                        tions Where a
                                                        Crime is Charged
                                                        or Proven.
                                                      Rules of Practice     12 CFR Part 19,                                                             12 CFR Part 109,
                                                        and Procedure.        Subparts B–P.                                                               Subpart B.

                                                                                                                                FDIC Regulations

                                                      Orderly Liquidation                                                                                                                        12 CFR Part 380.
                                                        Authority.                                                                                                                               12 CFR Part 380.
                                                      Resolution and Re-       12 CFR Part 360           12 CFR Part 360        12 CFR Part 360         12 CFR Part 360       12 CFR Part 360.
                                                        ceivership Rules.
                                                      Recordkeeping Re-        12 CFR Part 371           12 CFR Part 371        12 CFR Part 371         12 CFR Part 371       12 CFR Part 371.
                                                        quirements for
                                                        Qualified Finan-
                                                        cial Contracts.
                                                      Restrictions on Sale     12 CFR Part 340           12 CFR Part 340        12 CFR Part 340         12 CFR Part 340       12 CFR Part 340.
                                                        of Assets by the
                                                        Federal Deposit
                                                        Insurance Cor-
                                                        poration.
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                                                                          Federal Register / Vol. 80, No. 246 / Wednesday, December 23, 2015 / Proposed Rules                                              79729

                                                                                                                                       State
                                                                                      National                State                                       Federal savings        State savings     BHCs & FHCs
                                                             Subject                                                                non-member
                                                                                       banks               member banks                                    associations          associations        SLHCs
                                                                                                                                       banks

                                                                                                                         11. Safety and Soundness

                                                                                                                            Interagency Regulations

                                                      Appraisals: Higher-         12 CFR Part 34,         12 CFR 226.43;         12 CFR Part 1026        12 CFR Part 34,                          12 CFR 226.43;
                                                        priced Mortgages.           Subpart G.              12 CFR Part            [Reg. Z].               Subpart G.                               12 CFR Part
                                                                                                            226, Appx. N                                                                            226, Appx. N
                                                                                                            and O, and                                                                              and O, and
                                                                                                            Supp. I [Reg.                                                                           Supp. I [Reg.
                                                                                                            Z].                                                                                     Z].
                                                                                                                                                                                                  12 CFR 226.43;
                                                                                                                                                                                                    12 CFR Part
                                                                                                                                                                                                    226, Appx. N
                                                                                                                                                                                                    and O, and
                                                                                                                                                                                                    Supp. I [Reg.
                                                                                                                                                                                                    Z].
                                                      Appraisals: Min-            12 CFR part 34,         12 CFR 208.50          12 CFR Part 323,        12 CFR part 34,       12 CFR Part 323    12 CFR Part 225,
                                                        imum Require-               Subpart H.              [Reg. H]; 12           Subpart B.              Subpart H.            Subpart B.         Subpart M
                                                        ments for Ap-                                       CFR Part 225,                                                                           [Reg. Y].
                                                        praisal Manage-                                     Subpart M
                                                        ment Companies.                                     [Reg. Y].
                                                      Appraisals: Stand-          12 CFR Part 34,         12 CFR 208.50          12 CFR Part 323         12 CFR Part 34,       12 CFR Part 323    12 CFR Part 225,
                                                        ards for Feder-             Subpart C.              [Reg. H]; 12                                   Subpart C.                               Subpart G
                                                        ally-Related                                        CFR Part 225,                                                                           [Reg. Y].
                                                        Transactions.                                       Subpart G
                                                                                                            [Reg. Y].
                                                      Credit Risk Reten-          12 CFR Part 43          12 CFR Part 244        12 CFR Part 373         12 CFR Part 43        12 CFR Part 373    12 CFR Part 244
                                                        tion.                                               [Reg. RR].                                                                              [Reg. RR].
                                                                                                                                                                                                  12 CFR Part 244
                                                                                                                                                                                                    [Reg. RR].
                                                      Frequency of Safety         12 CFR 4.6–.7           12 CFR 208.64          12 CFR 337.12           12 CFR 4.6 (See       12 CFR 390.351.
                                                        and Soundness                                       [Reg. H].                                      also, 12 CFR
                                                        Examination.                                                                                       163.170).
                                                      Lending Limits ........     12 CFR Part 32          12 CFR Part 215,       12 CFR 337.3            12 CFR Part 32        12 CFR 390.338.
                                                                                                            Subpart A [Reg.
                                                                                                            O].
                                                      Liquidity Risk ..........   12 CFR Part 50          12 CFR Part 249        12 CFR Part 329         12 CFR Part 50        12 CFR Part 329    12 CFR Part 249
                                                                                                            [Reg. WW].                                                                              [Reg. WW].
                                                                                                                                                                                                  12 CFR Part 249
                                                                                                                                                                                                    [Reg. WW].
                                                      Real Estate Lending         12 CFR Part 34,         12 CFR Part 208,       12 CFR Part 365         12 CFR 160.100;       12 CFR Part 390,   12 CFR Part 225,
                                                        Standards.                  Subpart D.              Subpart E and                                  12 CFR                Subpart P.         Subpart G
                                                                                                            Appx. C [Reg.                                  163.101                                  [Reg. Y].
                                                                                                            H].
                                                      Resolution Plans ....                                                                                                                       12 CFR Part 381;
                                                                                                                                                                                                    12 CFR Part
                                                                                                                                                                                                    243 [Reg. QQ].
                                                      Security Devices    12 CFR Part 21,                 12 CFR 208.61          12 CFR Part 326,        12 CFR Part 168       12 CFR Part 391,
                                                        and Procedures.     Subpart A.                      [Reg. H].              Subpart A.                                    Subpart A.
                                                      Standards for Safe- 12 CFR Part 30                  12 CFR Part 208,       12 CFR Part 364         12 CFR Part 30        12 CFR Part 364.
                                                        ty and Soundness.                                   Appx. D–1
                                                                                                            [Reg. H].
                                                      Transactions with           12 CFR Part 223         12 CFR Part 223        12 CFR Part 223         12 CFR 163.41         12 CFR 390.337.
                                                        Affiliates.                 [Reg. W]; 12            [Reg. W].              [Reg. W].
                                                                                    CFR Part 31.

                                                                                                                                 OCC Regulations

                                                      Heightened Expec-     12 CFR Part 30,                                                              12 CFR Part 30,
                                                        tations Guidelines.   Appx. D.                                                                     Appx. D.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      National Bank—        12 CFR Part 34,
                                                        Other Real Estate     Subpart E.
                                                        Owned.
                                                      Federal Savings As-                                                                                12 CFR Part 163,
                                                        sociation—Finan-                                                                                   Subpart F (See
                                                        cial Management                                                                                    also 12 CFR
                                                        Policies.                                                                                          5.59(e)(7) (serv-
                                                                                                                                                           ice corporations
                                                                                                                                                           only)).




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                                                      79730             Federal Register / Vol. 80, No. 246 / Wednesday, December 23, 2015 / Proposed Rules

                                                                                                                                      State
                                                                                     National                State                                       Federal savings        State savings     BHCs & FHCs
                                                             Subject                                                               non-member
                                                                                      banks               member banks                                    associations          associations        SLHCs
                                                                                                                                      banks

                                                      Savings Associa-                                                                                  12 CFR Part 160       12 CFR Part 160
                                                        tion—Lending                                                                                                            (Lending and
                                                        and Investment                                                                                                          Investment).
                                                        Additional Safety
                                                        and Soundness
                                                        Limitations.
                                                      Savings Associa-                                                                                  12 CFR 162.4;
                                                        tions and Savings                                                                                 See also, 12
                                                        Association Hold-                                                                                 CFR Part 363.
                                                        ing Companies
                                                        Audits.

                                                                                                                            Board Regulations

                                                      Appraisals: Ap-                                    12 CFR 226.42;         12 CFR Part 1026                                                 12 CFR 226.42;
                                                        praiser Independ-                                  12 CFR Part            [Reg. Z].                                                        12 CFR Part
                                                        ence.                                              226, Supp. I                                                                            226, Supp. I
                                                                                                           [Reg. Z].                                                                               [Reg. Z].
                                                                                                                                                                                                 12 CFR 226.42;
                                                                                                                                                                                                   12 CFR Part
                                                                                                                                                                                                   226, Supp. I
                                                                                                                                                                                                   [Reg. Z].
                                                      Definitions related                                                                                                                        12 CFR Part 242
                                                        to the Financial                                                                                                                           [Reg. PP].
                                                        Stability Oversight
                                                        Council.
                                                      Enhanced Pruden-                                                                                                                           12 CFR Part 252,
                                                        tial Standards                                                                                                                             Subparts B and
                                                        Risk Committee                                                                                                                             C [Reg. YY].
                                                        Requirement (for
                                                        certain BHCs)
                                                        Standards for
                                                        BHCs with con-
                                                        solidated assets
                                                        $50 billion or
                                                        more.
                                                      Extensions of Credit     12 CFR Part 201           12 CFR Part 201        12 CFR Part 201         12 CFR Part 201       12 CFR Part 201
                                                        by Federal Re-           [Reg. A].                 [Reg. A].              [Reg. A].               [Reg. A].             [Reg. A].
                                                        serve Banks.
                                                      Financial Market                                   12 CFR Part 234
                                                        Utilities.                                         [Reg. HH]
                                                      Limitations on Inter-    12 CFR Part 206           12 CFR Part 206        12 CFR Part 206         12 CFR Part 206       12 CFR Part 206
                                                        bank Liabilities.        [Reg. F].                 [Reg. F].              [Reg. F].               [Reg. F].             [Reg. F].
                                                      Securities Holding                                                                                                                         12 CFR Part 241
                                                        Companies.                                                                                                                                 [Reg. OO]

                                                                                                                                FDIC Regulations

                                                      Annual Independent       12 CFR Part 363           12 CFR Part 363        12 CFR Part 363         12 CFR Part 363;      12 CFR Part 363;
                                                        Audits and Re-                                                                                    See also, 12          See also, 12
                                                        porting Require-                                                                                  CFR 162.4.            CFR 390.322.
                                                        ments.
                                                      Resolution Plans ....    12 CFR Part               12 CFR Part            12 CFR Part             12 CFR Part           12 CFR Part
                                                                                 360.10                    360.10                 360.10                  360.10.               360.10.
                                                      Unsafe and Un-                                                            12 CFR 337.2.
                                                        sound Banking
                                                        Practices Standby
                                                        Letters of Credit.
                                                      Unsafe and Un-           12 CFR 337.6              12 CFR 337.6           12 CFR 337.6            12 CFR 337.6          12 CFR 337.6.
                                                        sound Banking
                                                        Practices Bro-
                                                        kered Deposits.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                                                                                                 12. Securities

                                                                                                                          Interagency Regulations

                                                      Banks as Reg-            12 CFR 19.135             12 CFR 208.32–         12 CFR Part 308,
                                                        istered Clearing                                   33 [Reg. H].           Subpart S.
                                                        Agencies.
                                                      Banks as Securities      12 CFR 9.20               12 CFR 208.31          12 CFR Part 341.
                                                        Transfer Agents.                                   [Reg. H].



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                                                                        Federal Register / Vol. 80, No. 246 / Wednesday, December 23, 2015 / Proposed Rules                                              79731

                                                                                                                                      State
                                                                                     National                State                                       Federal savings        State savings     BHCs & FHCs
                                                             Subject                                                               non-member
                                                                                      banks               member banks                                    associations          associations        SLHCs
                                                                                                                                      banks

                                                      Government Securi-       12 CFR Part 13            12 CFR 208.37          12 CFR Part 368.
                                                        ties Sales Prac-                                   [Reg. H].
                                                        tices.
                                                      Recordkeeping and        12 CFR Part 12            12 CFR 208.34          12 CFR Part 344         12 CFR Part 151       12 CFR Part 344.
                                                        Confirmation of                                    [Reg. H].
                                                        Securities Trans-
                                                        actions Effected
                                                        by Banks.
                                                      Reporting Require-       12 CFR Part 11            12 CFR 208.36          12 CFR Part 335         12 CFR Part 194       12 CFR Part 335.
                                                        ments for Re-                                      [Reg. H]
                                                        ported Securities
                                                        Under the Securi-
                                                        ties Exchange Act
                                                        of 1934.
                                                      Securities Offerings     12 CFR Part 16                                                           12 CFR Part 197       12 CFR Part 390,
                                                                                                                                                                                Subpart W.
                                                      Swaps Margin ........    12 CFR Part 45            12 CFR Part 237        12 CFR Part 349         12 CFR Part 45        12 CFR Part 349.

                                                                                                                                OCC Regulations

                                                      National Bank—Mu-        12 CFR Part 10.
                                                        nicipal Securities
                                                        Dealer Activities
                                                        of Banks.
                                                      Federal Savings As-                                                                               12 CFR Part 193.
                                                        sociation—Ac-
                                                        counting Require-
                                                        ments and Finan-
                                                        cial Statements.
                                                      Savings Associa-                                                                                  12 CFR Part 169       12 CFR Part 169.
                                                        tion—Proxies.
                                                      Federal Savings As-                                                                               12 CFR 163.5; 12
                                                        sociation—Rules                                                                                   CFR Part 163,
                                                        on the Issuance                                                                                   Subpart C.
                                                        and Sale of Insti-
                                                        tution Securities.

                                                                                                                            Board Regulations

                                                      Credit by Banks          12 CFR Part 221           12 CFR Part 221        12 CFR Part 221         12 CFR Part 221       12 CFR Part 221    12 CFR Part 221
                                                        and Persons              [Reg. U].                 [Reg. U].              [Reg. U].               [Reg. U].             [Reg. U].          [Reg. U].
                                                        Other than Bro-                                                                                                                          12 CFR Part 221
                                                        kers or Dealers                                                                                                                            [Reg. U].
                                                        for the Purpose of
                                                        Purchasing or
                                                        Carrying Margin
                                                        Stock.

                                                                                                                      1. Applications and Reporting

                                                                                                                         Interagency Regulations

                                                      Bank Merger Act ....     12 CFR 5.33                                                              12 CFR 5.33.
                                                      Change in Bank           12 CFR Part 5.50                                 12 CFR Part 303         12 CFR Part 5.50      12 CFR Part 303
                                                        Control.                                                                  Subpart E.                                    Subpart E.
                                                      Notice of Addition       12 CFR 5.51                                                              12 CFR 5.51.
                                                        or Change of Di-
                                                        rectors.

                                                                                                                                OCC Regulations
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      Rules, Policies, and     12 CFR Part 5                                                            12 CFR Part 5
                                                        Procedures for                                                                                    (Generally).
                                                        Corporate Activi-
                                                        ties.
                                                      Federal Savings As-                                                                               12 CFR 5.55.
                                                        sociation Capital
                                                        Distribution.




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                                                      79732             Federal Register / Vol. 80, No. 246 / Wednesday, December 23, 2015 / Proposed Rules

                                                                                                                                      State
                                                                                     National                State                                       Federal savings        State savings    BHCs & FHCs
                                                             Subject                                                               non-member
                                                                                      banks               member banks                                    associations          associations       SLHCs
                                                                                                                                      banks

                                                      Federal Mutual Sav-                                                                               12 CFR 5.20; 12
                                                        ings Associa-                                                                                     CFR 5.21; 12
                                                        tions—Incorpora-                                                                                  CFR 5.23; 12
                                                        tion, Organization                                                                                CFR 5.25; 12
                                                        and Conversion;                                                                                   CFR 5.33; 12
                                                        or Merger, Dis-                                                                                   CFR 5.48.
                                                        solution, Reorga-
                                                        nization and Con-
                                                        version.
                                                      Federal Stock Sav-                                                                                12 CFR 5.20; 12
                                                        ings Associa-                                                                                     CFR 5.22; 12
                                                        tions–Incorpora-                                                                                  CFR 5.23; 12
                                                        tion, Organization                                                                                CFR 5.25; 12
                                                        and Conversion.                                                                                   CFR 5.33; 12
                                                                                                                                                          CFR 5.48.
                                                      Federal Savings As-                                                                               12 CFR 5.31; 12
                                                        sociation Offices.                                                                                CFR 5.40; 12
                                                                                                                                                          CFR 5.52.

                                                                                                                            Board Regulations

                                                      Concentration Lim-       12 CFR Part 251           12 CFR Part 251        12 CFR Part 251         12 CFR Part 251       12 CFR Part 251   12 CFR Part 251
                                                        its.                     [Reg. XX].                [Reg. XX].             [Reg. XX].              [Reg. XX].            [Reg. XX].        [Reg. XX].
                                                                                                                                                                                                12 CFR Part 251
                                                                                                                                                                                                  [Reg. XX].

                                                                                                                         2. Powers and Activities

                                                                                                                         Interagency Regulations

                                                      Proprietary Trading      12 CFR Part 44            12 CFR Part 248        12 CFR Part 351         12 CFR Part 44        12 CFR Part 351   12 CFR Part 248
                                                        and Relationships                                  [Reg. VV].                                                                             [Reg. VV].
                                                        with Covered                                                                                                                            12 CFR Part 248
                                                        Funds.                                                                                                                                    [Reg. VV].
                                                      Retail Foreign Ex-       12 CFR Part 48            12 CFR Part 240        12 CFR Part 349         12 CFR Part 48        12 CFR Part 349   12 CFR Part 240
                                                        change Trans-                                      [Reg. NN].                                                                             [Reg. NN].
                                                        actions.

                                                                                                                                OCC Regulations

                                                      Federal Savings As-                                                                               12 CFR 5.26; 12
                                                        sociation Fidu-                                                                                   CFR Part 150.
                                                        ciary Powers.
                                                      Federal Savings As-                                                                               See also Federal
                                                        sociation General.                                                                                Stock Associa-
                                                                                                                                                          tions provisions
                                                                                                                                                          on chartering,
                                                                                                                                                          organization
                                                                                                                                                          and bylaws at
                                                                                                                                                          12 CFR 5.20;
                                                                                                                                                          12 CFR 5.21.
                                                                                                                                                        See also Federal
                                                                                                                                                          Mutual Savings
                                                                                                                                                          Associations
                                                                                                                                                          provisions on
                                                                                                                                                          chartering, or-
                                                                                                                                                          ganization and
                                                                                                                                                          bylaws at 12
                                                                                                                                                          CFR 5.20; 12
                                                                                                                                                          CFR 5.22.
                                                      Federal Savings As-                                                                               12 CFR Part
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                        sociation Lending                                                                                 160.32; 12 CFR
                                                        and Investment.                                                                                   160.35.
                                                                                                                                                        See also 12 CFR
                                                                                                                                                          5.37; 12 CFR
                                                                                                                                                          5.58; 12 CFR
                                                                                                                                                          7.1000; 12 CFR
                                                                                                                                                          7.3001.




                                                 VerDate Sep<11>2014   17:28 Dec 22, 2015   Jkt 238001   PO 00000   Frm 00014    Fmt 4702   Sfmt 4702   E:\FR\FM\23DEP1.SGM   23DEP1


                                                                        Federal Register / Vol. 80, No. 246 / Wednesday, December 23, 2015 / Proposed Rules                                                79733

                                                                                                                                     State
                                                                                     National                State                                      Federal savings        State savings       BHCs & FHCs
                                                             Subject                                                              non-member
                                                                                      banks               member banks                                   associations          associations          SLHCs
                                                                                                                                     banks

                                                      Federal Savings As-                                                                              12 CFR 5.38; 12
                                                        sociation Subordi-                                                                               CFR 5.59.
                                                        nate Organiza-
                                                        tions.

                                                                                                                             Board Regulations

                                                      Proprietary Trading                                                                                                                         12 CFR Part 225,
                                                        and Relationships                                                                                                                           Subpart K [Reg.
                                                        with Covered                                                                                                                                Y].
                                                        Funds.                                                                                                                                    12 CFR Part 225,
                                                                                                                                                                                                    Subpart K [Reg.
                                                                                                                                                                                                    Y].

                                                                                                                        3. International Operations

                                                                                                                             Board Regulations

                                                      Foreign Banking Or-                                                                                                                         12 CFR Part 252
                                                        ganizations:                                                                                                                                Subparts L–O
                                                        Stress Tests,                                                                                                                               and U [Reg.
                                                        Risk Committee                                                                                                                              YY].
                                                        Requirements,
                                                        and Enhanced
                                                        Prudential Stand-
                                                        ards.
                                                      Swaps Entities .......                             12 CFR Part 237                                                                          12 CFR Part 237
                                                                                                           [Reg. KK].                                                                               [Reg. KK].

                                                                                                                           4. Banking Operations

                                                                                                                             Board Regulations

                                                      Assessment of                                                                                                                               12 CFR Part 246
                                                        Fees.                                                                                                                                       [Reg. TT].
                                                                                                                                                                                                  12 CFR Part 246
                                                                                                                                                                                                    [Reg. TT].
                                                      Debit Card Inter-        12 CFR Part 235           12 CFR Part 235        12 CFR Part 235        12 CFR Part 235       12 CFR Part 235
                                                        change Fees.             [Reg. II].                [Reg. II].             [Reg. II].             [Reg. II].            [Reg. II].
                                                      Reserve Require-         12 CFR Part 204           12 CFR Part 204        12 CFR Part 204        12 CFR Part 204       12 CFR Part 204
                                                        ments of Deposi-         [Reg. D].                 [Reg. D].              [Reg. D].              [Reg. D].             [Reg. D].
                                                        tory Institutions.

                                                                                                                                   5. Capital

                                                                                                                         Interagency Regulations

                                                      Capital Adequacy:        12 CFR Part 3,            12 CFR Part 217,       12 CFR Part 324,       12 CFR Part 3,        12 CFR Part 324,     12 CFR Part 217,
                                                        General Ratio            Subparts A–C,             Subparts A–C,          Subparts A–C,          Subparts A–C,         Subparts A–C,        Subparts A–C,
                                                        and Buffers Defi-        G–J.                      G [Reg. Q].            G [Previously          G–J.                  G [Previously        G [Reg. Q]. 12
                                                        nition of Capital                                                         found in 12                                  found in 12          CFR Part 217,
                                                        Transition.                                                               CFR Part 325].                               CFR Part 390,        Subparts A–C,
                                                                                                                                                                               Subpart Z].          G [Reg. Q].
                                                      Capital Adequacy:    12 CFR Part 3,                12 CFR Part 217,       12 CFR Part 324,       12 CFR Part 3,        12 CFR Part 324,     12 CFR Part 217,
                                                        Risk-based Cap-      Subpart H.                    Subpart H [Reg.        Subpart H.             Subpart H.            Subpart H.           Subpart H [Reg.
                                                        ital Surcharge for                                 Q].                                                                                      Q]. 12 CFR
                                                        Global System-                                                                                                                              Part 217, Sub-
                                                        ically Important                                                                                                                            part H [Reg. Q].
                                                        Bank Holding
                                                        Companies.
                                                      Capital Adequacy:    12 CFR Part 3,                12 CFR Part 217,       12 CFR Part 324,       12 CFR Part 3,        12 CFR Part 324,     12 CFR Part 217,
                                                        Risk-Weighted        Subpart D.                    Subpart D [Reg.        Subpart D [Pre-        Subpart D.            Subpart D [Pre-      Subpart D [Reg.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                        Assets—Stand-                                      Q].                    viously found in                             viously found in     Q]. 12 CFR
                                                        ardized Approach.                                                         12 CFR Part                                  12 CFR Part          Part 217, Sub-
                                                                                                                                  325 Appx. A].                                390, Subpart Z,      part D [Reg. Q].
                                                                                                                                                                               Appx. A].
                                                      Capital Adequacy:  12 CFR Part 3,                  12 CFR Part 217,       12 CFR Part 324,       12 CFR Part 3,        12 CFR Part 324,     12 CFR Part 217,
                                                        Risk-Weighted      Subpart E.                      Subpart E [Reg.        Subpart E [Pre-        Subpart E.            Subpart E [Pre-      Subpart E [Reg.
                                                        Assets—Ad-                                         Q].                    viously found in                             viously found in     Q]. 12 CFR
                                                        vanced Measure-                                                           12 CFR Part                                  12 CFR Part          Part 217, Sub-
                                                        ment Approaches.                                                          325 Appx. D].                                390, Subpart Z,      part E [Reg. Q].
                                                                                                                                                                               Appx. A].



                                                 VerDate Sep<11>2014   17:28 Dec 22, 2015   Jkt 238001   PO 00000   Frm 00015   Fmt 4702   Sfmt 4702   E:\FR\FM\23DEP1.SGM   23DEP1


                                                      79734             Federal Register / Vol. 80, No. 246 / Wednesday, December 23, 2015 / Proposed Rules

                                                                                                                                       State
                                                                                     National                State                                        Federal savings        State savings        BHCs & FHCs
                                                             Subject                                                                non-member
                                                                                      banks               member banks                                     associations          associations           SLHCs
                                                                                                                                       banks

                                                      Capital Adequacy:        12 CFR Part 3,            12 CFR Part 217,        12 CFR Part 324,        12 CFR Part 3,        12 CFR Part 324,     12 CFR Part 217,
                                                        Risk-Weighted            Subpart F.                Subpart F [Reg.         Subpart F [Pre-         Subpart F.            Subpart F [Pre-      Subpart F [Reg.
                                                        Assets—Market                                      Q].                     viously found in                              viously found in     Q]. 12 CFR
                                                        Risk.                                                                      12 CFR Part                                   12 CFR Part          Part 217, Sub-
                                                                                                                                   325 Appx. C].                                 390, Subpart Z,      part F [Reg. Q].
                                                                                                                                                                                 Appx. A].
                                                      Capital Adequacy         12 CFR Part 3,            12 CFR Part 208,        12 CFR Part 324         12 CFR Part 3,        12 CFR Part 324      12 CFR Part 225,
                                                        Guidelines.              Appx. A and B.            Appx. A, B, and         [Previously             Appx. A and B.        [Previously          Appx. A, B, D,
                                                                                                           E [Reg. H].             found in 12                                   found in 12          and E [Reg. Y].
                                                                                                                                   CFR Part 325                                  CFR Part 390,
                                                                                                                                   Appx. A–D].                                   Subpart Z,
                                                                                                                                                                                 Appx. A].
                                                      Prompt Corrective        12 CFR Part 6             12 CFR Part 208,        12 CFR Part 324,        12 CFR Part 6;        12 CFR Part 324,     12 CFR Part 208,
                                                        Action.                                            Subpart D [Reg.         Subpart H [Pre-                               Subpart H [Pre-      Subpart D [Reg.
                                                                                                           H]; 12 CFR Part         viously found in                              viously found in     H]; 12 CFR Part
                                                                                                           263, Subpart H          12 CFR Part                                   12 CFR Part          263, Subpart H.
                                                                                                                                   325, Subpart B]                               390, Subpart
                                                                                                                                                                                 Y].
                                                      Small Bank Holding                                                                                                                            12 CFR Part 225,
                                                       Company and                                                                                                                                    Appx. C [Reg.
                                                       Savings and Loan                                                                                                                               Y]. 12 CFR Part
                                                       Holding Company                                                                                                                                225, Appx. C
                                                       Policy Statement.                                                                                                                              [Reg. Y].

                                                                                                                                 OCC Regulations

                                                      Annual Stress Tests      12 CFR Part 46                                                            12 CFR Part 46.

                                                                                                                             Board Regulations

                                                      Capital Planning .....                                                                                                                        12 CFR Part
                                                                                                                                                                                                      225.8 [Reg. Y].
                                                      Domestic Banking                                   12 CFR Part 252,                                                                           12 CFR Part 252,
                                                        Organizations:                                     Subparts B–F                                                                               Subparts B–F
                                                        Stress Tests,                                      and U [Reg.                                                                                and U [Reg.
                                                        Risk Committee                                     YY].                                                                                       YY]. 12 CFR
                                                        Requirements,                                                                                                                                 Part 252, Sub-
                                                        Company Run                                                                                                                                   part B
                                                        and Supervisory,                                                                                                                              [Reg.YY].
                                                        and Enhanced
                                                        Prudential Stand-
                                                        ards.

                                                                                                                                 FDIC Regulations

                                                      Annual Stress Tests                                                        12 CFR Part 325,                              12 CFR Part 325,
                                                                                                                                   Subpart C.                                    Subpart C.

                                                                                                                      6. Community Reinvestment Act

                                                      All rules under this category were included in the charts published in the First Notice

                                                                                                                           7. Consumer Protection

                                                                                                                          Interagency Regulations

                                                      Loans in Areas           12 CFR Part 22.           12 CFR Part             12 CFR Part 339         12 CFR Part 22        12 CFR Part 339.
                                                        Having Special                                     208.25, 208.25
                                                        Flood Hazards.                                     Appx. A, B
                                                                                                           [Reg. H].

                                                                                                                    8. Directors, Officers, and Employees
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                                                                                                 FDIC Regulations

                                                      Management Offi-                                                                                                         12 CFR Part 348.
                                                       cial Interlocks.

                                                                                                                            9. Money Laundering

                                                      All rules under this category were included in the charts published in the First Notice




                                                 VerDate Sep<11>2014   18:21 Dec 22, 2015   Jkt 238001   PO 00000    Frm 00016    Fmt 4702   Sfmt 4702   E:\FR\FM\23DEP1.SGM   23DEP1


                                                                        Federal Register / Vol. 80, No. 246 / Wednesday, December 23, 2015 / Proposed Rules                                          79735

                                                                                                                                     State
                                                                                     National                State                                      Federal savings        State savings   BHCs & FHCs
                                                             Subject                                                              non-member
                                                                                      banks               member banks                                   associations          associations      SLHCs
                                                                                                                                     banks

                                                                                                                          10. Rules of Procedure

                                                      All rules under this category are included in Chart A above

                                                                                                                        11. Safety and Soundness

                                                      All rules under this category are included in Chart A above

                                                                                                                                12. Securities

                                                      All rules under this category are included in Chart A above



                                                        Dated: December 16, 2015.                             wiring to open and close the flight                   Examining the AD Docket
                                                      Thomas J. Curry,                                        control computer (FCC) analog output
                                                      Comptroller of the Currency.                            that controls the stabilizer trim                        You may examine the AD docket on
                                                        By order of the Board of Governors of the             adjustment, doing routine functional                  the Internet at http://
                                                      Federal Reserve System, December 11, 2015.              testing of the automatic stabilizer trim              www.regulations.gov by searching for
                                                      Robert deV. Frierson,                                   inhibit system, and corrective actions if             and locating Docket No. FAA–2015–
                                                                                                              necessary; and for Model 767–300, and                 7525; or in person at the Docket
                                                      Secretary of the Board.
                                                                                                              -300F series airplanes, installing new                Management Facility between 9 a.m.
                                                        Dated: December 16, 2015.
                                                                                                              operational program software (OPS) into               and 5 p.m., Monday through Friday,
                                                        By order of the Board of Directors.                                                                         except Federal holidays. The AD docket
                                                                                                              the FCCs. We are proposing this AD to
                                                      Federal Deposit Insurance Corporation.                                                                        contains this proposed AD, the
                                                                                                              prevent stabilizer mistrim, which could
                                                      Robert E. Feldman,                                                                                            regulatory evaluation, any comments
                                                                                                              result in a high-speed rejected takeoff
                                                      Executive Secretary.                                    and runway overrun, or reduced                        received, and other information. The
                                                      [FR Doc. 2015–32312 Filed 12–22–15; 8:45 am]            controllability of the airplane after                 street address for the Docket Office
                                                      BILLING CODE P                                          takeoff due to insufficient pitch control.            (phone: 800–647–5527) is in the
                                                                                                                                                                    ADDRESSES section. Comments will be
                                                                                                              DATES: We must receive comments on
                                                                                                              this proposed AD by February 8, 2016.                 available in the AD docket shortly after
                                                      DEPARTMENT OF TRANSPORTATION                                                                                  receipt.
                                                                                                              ADDRESSES: You may send comments,
                                                      Federal Aviation Administration                         using the procedures found in 14 CFR                  FOR FURTHER INFORMATION CONTACT:    Fnu
                                                                                                              11.43 and 11.45, by any of the following              Winarto, Aerospace Engineer, Systems
                                                      14 CFR Part 39                                          methods:                                              and Equipment Branch, ANM–130S,
                                                                                                                • Federal eRulemaking Portal: Go to                 FAA, Seattle Aircraft Certification
                                                      [Docket No. FAA–2015–7525; Directorate                  http://www.regulations.gov. Follow the                Office (ACO), 1601 Lind Avenue SW.,
                                                      Identifier 2015–NM–064–AD]                              instructions for submitting comments.                 Renton, WA 98057–3356; phone: 425–
                                                      RIN 2120–AA64                                             • Fax: 202–493–2251.                                917–6659; fax: 425–917–6590; email:
                                                                                                                • Mail: U.S. Department of                          fnu.winarto@faa.gov.
                                                      Airworthiness Directives; The Boeing                    Transportation, Docket Operations, M–                 SUPPLEMENTARY INFORMATION:
                                                      Company Airplanes                                       30, West Building Ground Floor, Room
                                                      AGENCY: Federal Aviation                                W12–140, 1200 New Jersey Avenue SE.,                  Comments Invited
                                                      Administration (FAA), DOT.                              Washington, DC 20590.
                                                                                                                 • Hand Delivery: Deliver to Mail                     We invite you to send any written
                                                      ACTION: Notice of proposed rulemaking                                                                         relevant data, views, or arguments about
                                                      (NPRM).                                                 address above between 9 a.m. and 5
                                                                                                              p.m., Monday through Friday, except                   this proposal. Send your comments to
                                                      SUMMARY:   We propose to adopt a new                    Federal holidays.                                     an address listed under the ADDRESSES
                                                      airworthiness directive (AD) for certain                   For service information identified in              section. Include ‘‘Docket No. FAA–
                                                      The Boeing Company Model 747–400,                       this proposed AD, contact Boeing                      2015–7525; Directorate Identifier 2015–
                                                      747–400D, and 747–400F series                           Commercial Airplanes, Attention: Data                 NM–064–AD’’ at the beginning of your
                                                      airplanes; Model 757 airplanes; and                     & Services Management, P.O. Box 3707,                 comments. We specifically invite
                                                      Model 767 airplanes. This proposed AD                   MC 2H–65, Seattle, WA 98124–2207;                     comments on the overall regulatory,
                                                      was prompted by reports of                              telephone: 206–544–5000, extension 1;                 economic, environmental, and energy
                                                      uncommanded autopilot engagement                        fax: 206–766–5680; Internet https://                  aspects of this proposed AD. We will
                                                      events resulting in incorrect stabilizer                www.myboeingfleet.com. You may view                   consider all comments received by the
                                                      trim adjustment during takeoff. This                    this referenced service information at                closing date and may amend this
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      proposed AD would require, depending                    the FAA, Transport Airplane                           proposed AD because of those
                                                      on the model/configuration for Model                    Directorate, 1601 Lind Avenue SW.,                    comments.
                                                      747 airplanes, installing an on-ground                  Renton, WA. For information on the                      We will post all comments we
                                                      stabilizer autotrim inhibit system, doing               availability of this material at the FAA,             receive, without change, to http://
                                                      routine functional testing of the                       call 425–227–1221. It is also available               www.regulations.gov, including any
                                                      automatic stabilizer trim inhibit system                on the Internet at http://                            personal information you provide. We
                                                      and corrective actions if necessary; for                www.regulations.gov by searching for                  will also post a report summarizing each
                                                      Model 757 airplanes and Model 767                       and locating Docket No. FAA–2015–                     substantive verbal contact we receive
                                                      airplanes, installing relays and related                7525.                                                 about this proposed AD.


                                                 VerDate Sep<11>2014   17:28 Dec 22, 2015   Jkt 238001   PO 00000   Frm 00017   Fmt 4702   Sfmt 4702   E:\FR\FM\23DEP1.SGM   23DEP1



Document Created: 2018-03-02 09:20:37
Document Modified: 2018-03-02 09:20:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of regulatory review; request for comments.
DatesWritten comments must be received by no later than March 22, 2016.
ContactOCC: Karen McSweeney, Counsel (202) 649-6295; Heidi M. Thomas, Special Counsel (202) 649-5490; Rima Kundnani, Attorney (202) 649-5545; for persons who are deaf or hard of hearing, TTY (202) 649-5597.
FR Citation80 FR 79724 
CFR Citation12
Title 12 CFR Chapter I
12
Title 12 CFR Chapter II
12
Title 12 CFR Chapter III

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