81_FR_95136 81 FR 94889 - Semiannual Regulatory Flexibility Agenda

81 FR 94889 - Semiannual Regulatory Flexibility Agenda

FEDERAL RESERVE SYSTEM

Federal Register Volume 81, Issue 247 (December 23, 2016)

Page Range94889-94891
FR Document2016-29929

The Board is issuing this agenda under the Regulatory Flexibility Act and the Board's Statement of Policy Regarding Expanded Rulemaking Procedures. The Board anticipates having under consideration regulatory matters as indicated below during the period November 1, 2016 through April 30, 2017. The next agenda will be published in spring 2017.

Federal Register, Volume 81 Issue 247 (Friday, December 23, 2016)
[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Unknown Section]
[Pages 94889-94891]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29929]



[[Page 94889]]

Vol. 81

Friday,

No. 247

December 23, 2016

Part XXVI





Federal Reserve System





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Semiannual Regulatory Agenda

Federal Register / Vol. 81 , No. 247 / Friday, December 23, 2016 / 
Unified Agenda

[[Page 94890]]


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FEDERAL RESERVE SYSTEM

12 CFR Ch. II


Semiannual Regulatory Flexibility Agenda

AGENCY: Board of Governors of the Federal Reserve System.

ACTION: Semiannual regulatory agenda.

-----------------------------------------------------------------------

SUMMARY: The Board is issuing this agenda under the Regulatory 
Flexibility Act and the Board's Statement of Policy Regarding Expanded 
Rulemaking Procedures. The Board anticipates having under consideration 
regulatory matters as indicated below during the period November 1, 
2016 through April 30, 2017. The next agenda will be published in 
spring 2017.

DATES: Comments about the form or content of the agenda may be 
submitted any time during the next 6 months.

ADDRESSES: Comments should be addressed to Robert deV. Frierson, 
Secretary of the Board, Board of Governors of the Federal Reserve 
System, Washington, DC 20551.

FOR FURTHER INFORMATION CONTACT: A staff contact for each item is 
indicated with the regulatory description below.

SUPPLEMENTARY INFORMATION: The Board is publishing its fall 2016 agenda 
as part of the Fall 2016 Unified Agenda of Federal Regulatory and 
Deregulatory Actions, which is coordinated by the Office of Management 
and Budget under Executive Order 12866. The agenda also identifies 
rules the Board has selected for review under section 610(c) of the 
Regulatory Flexibility Act, and public comment is invited on those 
entries. The complete Unified Agenda will be available to the public at 
the following Web site: www.reginfo.gov. Participation by the Board in 
the Unified Agenda is on a voluntary basis.
    The Board's agenda is divided into three sections. The first, 
Proposed Rule Stage, reports on matters the Board may consider for 
public comment during the next 6 months. The second section, Final Rule 
Stage, reports on matters that have been proposed and are under Board 
consideration. And a third section, Completed Actions, reports on 
regulatory matters the Board has completed or is not expected to 
consider further. A dot () preceding an entry indicates a new 
matter that was not a part of the Board's previous agenda.

 Yao-Chin Chao,
Assistant Secretary of the Board.

               Federal Reserve System--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
556.......................  Regulation CC--                    7100-AD68
                             Availability of Funds and
                             Collection of Checks
                             (Docket No: R-1409).
------------------------------------------------------------------------


                Federal Reserve System--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
557.......................  Regulation LL--Savings and         7100-AD80
                             Loan Holding Companies
                             and Regulation MM--Mutual
                             Holding Companies (Docket
                             No: R-1429).
------------------------------------------------------------------------


FEDERAL RESERVE SYSTEM (FRS)

Proposed Rule Stage

556. Regulation CC--Availability of Funds and Collection of Checks 
(Docket No: R-1409)

    Legal Authority: 12 U.S.C. 4001 to 4010; 12 U.S.C. 5001 to 5018
    Abstract: The Board of Governors of the Federal Reserve System (the 
Board) proposed amendments to Regulation CC to facilitate the banking 
industry's ongoing transition to fully electronic interbank check 
collection and return, including proposed amendments to subpart C to 
condition a depositary bank's right of expeditious return on the 
depositary bank agreeing to accept returned checks electronically, 
either directly or indirectly, from the paying bank. The Board also 
proposed amendments to subpart B, the funds availability schedule 
provisions to reflect the fact that there are no longer any non-local 
checks. The Board proposed to revise the model forms in appendix C that 
banks may use in disclosing their funds availability policies to their 
customers and to update the preemption determinations in appendix F. 
Finally, the Board requested comment on whether it should consider 
future changes to the regulation to improve the check collection 
system, such as decreasing the time afforded to a paying bank to decide 
whether to pay a check in order to reduce the risk to a depositary bank 
of needing to make funds available for withdrawal before learning 
whether a deposited check has been returned unpaid.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Board Requested Comment.............   03/25/11  76 FR 16862
Board Requested Comment on Revised     02/04/14  79 FR 6673
 Proposal.
Board Expects Further Action on        11/00/16
 Subpart C.
Board Expects Further Action on        12/00/16
 Subpart B.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Clinton Chen, Attorney, Federal Reserve System, 
Legal Division, Washington, DC 20551, Phone: 202 452-3952.
    RIN: 7100-AD68

FEDERAL RESERVE SYSTEM (FRS)

Final Rule Stage

557. Regulation LL--Savings and Loan Holding Companies and Regulation 
MM--Mutual Holding Companies (Docket No: R-1429)

    Legal Authority: 5 U.S.C. 552; 5 U.S.C. 559; 5 U.S.C. 1813; 5 
U.S.C. 1817; 5 U.S.C. 1828
    Abstract: The Dodd-Frank Act Wall Street Reform and Consumer 
Protection Act (the Act) transferred responsibility for supervision of 
Savings and Loan Holding Companies (SLHCs) and their non-depository 
subsidiaries from the Office of Thrift Supervision (OTS) to the Board 
of Governors of the Federal Reserve System (the Board), on July 21, 
2011. The Act also transferred

[[Page 94891]]

supervisory functions related to Federal savings associations and State 
savings associations to the Office of the Comptroller of the Currency 
(OCC) and the Federal Deposit Insurance Corporation (FDIC), 
respectively. The Board on August 12, 2011, approved an interim final 
rule for SLHCs, including a request for public comment. The interim 
final rule transferred from the OTS to the Board the regulations 
necessary for the Board to supervise SLHCs, with certain technical and 
substantive modifications. The interim final rule has three components: 
(1) New Regulation LL (part 238), which sets forth regulations 
generally governing SLHCs; (2) new Regulation MM (part 239), which sets 
forth regulations governing SLHCs in mutual form; and (3) technical 
amendments to existing Board regulations necessary to accommodate the 
transfer of supervisory authority for SLHCs from the OTS to the Board. 
The structure of interim final Regulation LL closely follows that of 
the Board's Regulation Y, which governs bank holding companies, in 
order to provide an overall structure to rules that were previously 
found in disparate locations. In many instances, interim final 
Regulation LL incorporated OTS regulations with only technical 
modifications to account for the shift in supervisory responsibility 
from the OTS to the Board. Interim final Regulation LL also reflects 
statutory changes made by the Dodd-Frank Act with respect to SLHCs, and 
incorporates Board precedent and practices with respect to applications 
processing procedures and control issues, among other matters. Interim 
final Regulation MM organized existing OTS regulations governing SLHCs 
in mutual form (MHCs) and their subsidiary holding companies into a 
single part of the Board's regulations. In many instances, interim 
final Regulation MM incorporated OTS regulations with only technical 
modifications to account for the shift in supervisory responsibility 
from the OTS to the Board. Interim final Regulation MM also reflects 
statutory changes made by the Dodd-Frank Act with respect to MHCs. The 
interim final rule also made technical amendments to Board rules to 
facilitate supervision of SLHCs, including to rules implementing 
Community Reinvestment Act requirements and to Board procedural and 
administrative rules. In addition, the Board made technical amendments 
to implement section 312(b)(2)(A) of the Act, which transfers to the 
Board all rulemaking authority under section 11 of the Home Owner's 
Loan Act relating to transactions with affiliates and extensions of 
credit to executive officers, directors, and principal shareholders. 
These amendments include revisions to parts 215 (Insider Transactions) 
and part 223 (Transactions with Affiliates) of Board regulations.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Board Requested Comment.............   09/13/11  76 FR 56508
Board Expects Further Action........   12/00/16
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: C. Tate Wilson, Counsel, Federal Reserve System, 
Legal Division, Washington, DC 20551, Phone: 202 452-3696, Claudia Von 
Pervieux, Counsel, Federal Reserve System, Legal Division, Washington, 
DC 20551, Phone: 202 452-2552.
    RIN: 7100-AD80

[FR Doc. 2016-29929 Filed 12-22-16; 8:45 am]
BILLING CODE 6210-01-P



                                                                                                           Vol. 81                           Friday,
                                                                                                           No. 247                           December 23, 2016




                                                                                                           Part XXVI


                                                                                                           Federal Reserve System
                                                                                                           Semiannual Regulatory Agenda
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                                                      94890                      Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Unified Agenda

                                                      FEDERAL RESERVE SYSTEM                                      DATES:  Comments about the form or                     The complete Unified Agenda will be
                                                                                                                  content of the agenda may be submitted                 available to the public at the following
                                                      12 CFR Ch. II                                               any time during the next 6 months.                     Web site: www.reginfo.gov. Participation
                                                                                                                  ADDRESSES: Comments should be                          by the Board in the Unified Agenda is
                                                      Semiannual Regulatory Flexibility                           addressed to Robert deV. Frierson,                     on a voluntary basis.
                                                      Agenda                                                      Secretary of the Board, Board of                         The Board’s agenda is divided into
                                                                                                                  Governors of the Federal Reserve                       three sections. The first, Proposed Rule
                                                      AGENCY: Board of Governors of the                           System, Washington, DC 20551.                          Stage, reports on matters the Board may
                                                      Federal Reserve System.                                     FOR FURTHER INFORMATION CONTACT: A                     consider for public comment during the
                                                      ACTION:     Semiannual regulatory agenda.                   staff contact for each item is indicated               next 6 months. The second section,
                                                                                                                  with the regulatory description below.                 Final Rule Stage, reports on matters that
                                                      SUMMARY:  The Board is issuing this                         SUPPLEMENTARY INFORMATION: The Board                   have been proposed and are under
                                                      agenda under the Regulatory Flexibility                     is publishing its fall 2016 agenda as part             Board consideration. And a third
                                                      Act and the Board’s Statement of Policy                     of the Fall 2016 Unified Agenda of                     section, Completed Actions, reports on
                                                      Regarding Expanded Rulemaking                               Federal Regulatory and Deregulatory                    regulatory matters the Board has
                                                      Procedures. The Board anticipates                           Actions, which is coordinated by the                   completed or is not expected to consider
                                                                                                                  Office of Management and Budget under                  further. A dot (•) preceding an entry
                                                      having under consideration regulatory
                                                                                                                  Executive Order 12866. The agenda also                 indicates a new matter that was not a
                                                      matters as indicated below during the
                                                                                                                  identifies rules the Board has selected                part of the Board’s previous agenda.
                                                      period November 1, 2016 through April                       for review under section 610(c) of the
                                                      30, 2017. The next agenda will be                           Regulatory Flexibility Act, and public                 Yao-Chin Chao,
                                                      published in spring 2017.                                   comment is invited on those entries.                   Assistant Secretary of the Board.

                                                                                                       FEDERAL RESERVE SYSTEM—PROPOSED RULE STAGE
                                                                                                                                                                                                         Regulation
                                                        Sequence No.                                                                      Title                                                         Identifier No.

                                                      556 ....................   Regulation CC—Availability of Funds and Collection of Checks (Docket No: R–1409) .................................          7100–AD68


                                                                                                             FEDERAL RESERVE SYSTEM—FINAL RULE STAGE
                                                                                                                                                                                                         Regulation
                                                        Sequence No.                                                                      Title                                                         Identifier No.

                                                      557 ....................   Regulation LL—Savings and Loan Holding Companies and Regulation MM—Mutual Holding Companies                                 7100–AD80
                                                                                   (Docket No: R–1429).



                                                      FEDERAL RESERVE SYSTEM (FRS)                                update the preemption determinations                     Regulatory Flexibility Analysis
                                                                                                                  in appendix F. Finally, the Board                      Required: Yes.
                                                      Proposed Rule Stage                                                                                                  Agency Contact: Clinton Chen,
                                                                                                                  requested comment on whether it
                                                      556. Regulation CC—Availability of                          should consider future changes to the                  Attorney, Federal Reserve System, Legal
                                                      Funds and Collection of Checks (Docket                      regulation to improve the check                        Division, Washington, DC 20551, Phone:
                                                      No: R–1409)                                                 collection system, such as decreasing                  202 452–3952.
                                                                                                                  the time afforded to a paying bank to                    RIN: 7100–AD68
                                                        Legal Authority: 12 U.S.C. 4001 to
                                                      4010; 12 U.S.C. 5001 to 5018                                decide whether to pay a check in order
                                                        Abstract: The Board of Governors of                       to reduce the risk to a depositary bank
                                                      the Federal Reserve System (the Board)                      of needing to make funds available for                 FEDERAL RESERVE SYSTEM (FRS)
                                                      proposed amendments to Regulation CC                        withdrawal before learning whether a                   Final Rule Stage
                                                      to facilitate the banking industry’s                        deposited check has been returned
                                                      ongoing transition to fully electronic                      unpaid.                                                557. Regulation LL—Savings and Loan
                                                      interbank check collection and return,                                                                             Holding Companies and Regulation
                                                                                                                    Timetable:
                                                      including proposed amendments to                                                                                   MM—Mutual Holding Companies
                                                      subpart C to condition a depositary                                                                                (Docket No: R–1429)
                                                                                                                         Action                Date         FR Cite
                                                      bank’s right of expeditious return on the                                                                            Legal Authority: 5 U.S.C. 552; 5 U.S.C.
                                                      depositary bank agreeing to accept                          Board Requested          03/25/11     76 FR 16862      559; 5 U.S.C. 1813; 5 U.S.C. 1817; 5
                                                      returned checks electronically, either                        Comment.                                             U.S.C. 1828
                                                      directly or indirectly, from the paying                     Board Requested          02/04/14     79 FR 6673         Abstract: The Dodd-Frank Act Wall
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                                                      bank. The Board also proposed                                 Comment on                                           Street Reform and Consumer Protection
                                                      amendments to subpart B, the funds                            Revised Pro-                                         Act (the Act) transferred responsibility
                                                      availability schedule provisions to                           posal.                                               for supervision of Savings and Loan
                                                                                                                  Board Expects            11/00/16
                                                      reflect the fact that there are no longer                                                                          Holding Companies (SLHCs) and their
                                                                                                                    Further Action
                                                      any non-local checks. The Board                               on Subpart C.                                        non-depository subsidiaries from the
                                                      proposed to revise the model forms in                       Board Expects            12/00/16                      Office of Thrift Supervision (OTS) to the
                                                      appendix C that banks may use in                              Further Action                                       Board of Governors of the Federal
                                                      disclosing their funds availability                           on Subpart B.                                        Reserve System (the Board), on July 21,
                                                      policies to their customers and to                                                                                 2011. The Act also transferred


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                                                                            Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Unified Agenda                                                94891

                                                      supervisory functions related to Federal                regulations with only technical                       Act, which transfers to the Board all
                                                      savings associations and State savings                  modifications to account for the shift in             rulemaking authority under section 11
                                                      associations to the Office of the                       supervisory responsibility from the OTS               of the Home Owner’s Loan Act relating
                                                      Comptroller of the Currency (OCC) and                   to the Board. Interim final Regulation LL             to transactions with affiliates and
                                                      the Federal Deposit Insurance                           also reflects statutory changes made by               extensions of credit to executive
                                                      Corporation (FDIC), respectively. The                   the Dodd-Frank Act with respect to                    officers, directors, and principal
                                                      Board on August 12, 2011, approved an                   SLHCs, and incorporates Board                         shareholders. These amendments
                                                      interim final rule for SLHCs, including                 precedent and practices with respect to               include revisions to parts 215 (Insider
                                                      a request for public comment. The                       applications processing procedures and                Transactions) and part 223
                                                      interim final rule transferred from the                 control issues, among other matters.                  (Transactions with Affiliates) of Board
                                                      OTS to the Board the regulations                        Interim final Regulation MM organized                 regulations.
                                                      necessary for the Board to supervise                    existing OTS regulations governing                      Timetable:
                                                      SLHCs, with certain technical and                       SLHCs in mutual form (MHCs) and their
                                                      substantive modifications. The interim                  subsidiary holding companies into a                         Action              Date        FR Cite
                                                      final rule has three components: (1)                    single part of the Board’s regulations. In
                                                      New Regulation LL (part 238), which                     many instances, interim final Regulation              Board Requested          09/13/11   76 FR 56508
                                                      sets forth regulations generally                        MM incorporated OTS regulations with                    Comment.
                                                      governing SLHCs; (2) new Regulation                     only technical modifications to account               Board Expects            12/00/16
                                                                                                                                                                      Further Action.
                                                      MM (part 239), which sets forth                         for the shift in supervisory
                                                      regulations governing SLHCs in mutual                   responsibility from the OTS to the
                                                                                                                                                                      Regulatory Flexibility Analysis
                                                      form; and (3) technical amendments to                   Board. Interim final Regulation MM also
                                                                                                                                                                    Required: Yes.
                                                      existing Board regulations necessary to                 reflects statutory changes made by the
                                                      accommodate the transfer of supervisory                 Dodd-Frank Act with respect to MHCs.                    Agency Contact: C. Tate Wilson,
                                                      authority for SLHCs from the OTS to the                 The interim final rule also made                      Counsel, Federal Reserve System, Legal
                                                      Board. The structure of interim final                   technical amendments to Board rules to                Division, Washington, DC 20551, Phone:
                                                      Regulation LL closely follows that of the               facilitate supervision of SLHCs,                      202 452–3696, Claudia Von Pervieux,
                                                      Board’s Regulation Y, which governs                     including to rules implementing                       Counsel, Federal Reserve System, Legal
                                                      bank holding companies, in order to                     Community Reinvestment Act                            Division, Washington, DC 20551, Phone:
                                                      provide an overall structure to rules that              requirements and to Board procedural                  202 452–2552.
                                                      were previously found in disparate                      and administrative rules. In addition,                  RIN: 7100–AD80
                                                      locations. In many instances, interim                   the Board made technical amendments                   [FR Doc. 2016–29929 Filed 12–22–16; 8:45 am]
                                                      final Regulation LL incorporated OTS                    to implement section 312(b)(2)(A) of the              BILLING CODE 6210–01–P
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Document Created: 2016-12-23 12:29:09
Document Modified: 2016-12-23 12:29:09
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
ActionSemiannual regulatory agenda.
DatesComments about the form or content of the agenda may be submitted any time during the next 6 months.
ContactA staff contact for each item is indicated with the regulatory description below.
FR Citation81 FR 94889 

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