82 FR 48758 - Assessment and Apportionment of Administrative Expenses
FARM CREDIT ADMINISTRATION Federal Register Volume 82, Issue 202 (October 20, 2017)
Federal Register Volume 82, Issue 202 (October 20, 2017)
| Page Range | 48758-48760 | |
| FR Document | 2017-22721 |
[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)] [Rules and Regulations] [Pages 48758-48760] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22721] ======================================================================= ----------------------------------------------------------------------- FARM CREDIT ADMINISTRATION 12 CFR Part 607 RIN 3052-AD30 Assessment and Apportionment of Administrative Expenses AGENCY: Farm Credit Administration. ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Farm Credit Administration (FCA or we) issues this direct final rule adopting technical amendments to eliminate language that is obsolete, confusing, and unnecessary to determine the annual assessment amount of Farm Credit System institutions. DATES: If no significant adverse comment is received on or before November 20, 2017, this regulation shall become effective no earlier than the expiration of 30 days after publication in the Federal Register during which either or both Houses of Congress are in session. We will publish notice of the effective date in the Federal Register. ADDRESSES: For accuracy and efficiency reasons, please submit comments by email or through the FCA's Web site. We do not accept comments submitted by facsimile (fax), as faxes are difficult for us to process in compliance with section 508 of the Rehabilitation Act. Please do not submit your comment multiple times via different methods. You may submit comments by any of the following methods:Email: Send us an email at [email protected]. FCA Web site: http://www.fca.gov. Select ``Public Commenters,'' then ``Public Comments,'' and follow the directions for ``Submitting a Comment.'' Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Mail: Barry F. Mardock, Deputy Director, Office of Regulatory Policy, Farm Credit Administration, 1501 Farm Credit Drive, McLean, VA 22102-5090. You may review copies of all comments we receive at our office in McLean, Virginia, or from our Web site at http://www.fca.gov. Once you are in the Web site, select ``Public Commenters,'' then ``Public Comments,'' and follow the directions for ``Reading Submitted Public Comments.'' We will show your comments as submitted, but for technical reasons we may omit items such as logos and special characters. Identifying information you provide, such as phone numbers and addresses, will be publicly available. However, we will attempt to remove email addresses to help reduce Internet spam. FOR FURTHER INFORMATION CONTACT: Jeremy R. Edelstein, Senior Policy Analyst, Office of Regulatory Policy, Farm Credit Administration, McLean, VA 22102-5090, (703) 883- 4497, TTY (703) 883-4056; or Jennifer A. Cohn, Senior Counsel, Office of General Counsel, Farm Credit Administration, McLean, VA 22102-5090, (303) 696-9737, TTY (703) 883-4056. SUPPLEMENTARY INFORMATION: I. Objective The objective of this direct final rule is to eliminate confusion in the definition of ``average risk-adjusted asset base'' in Sec. 607.2(b), which is used to determine the annual assessment amount of System institutions, by: Removing an obsolete and unnecessary reference to FCA's call report schedule; and Clarifying the effect of mergers and consolidations based on current accounting practices and deleting obsolete language relating to transfers of direct lending authority. II. Discussion Effective January 1, 2017, the FCA published the Tier 1/Tier 2 Framework; Final Rule (new capital rule).\1\ The new capital rule, in pertinent part, revised the risk-weights that determine the risk- adjusted asset base (the denominator) of the permanent capital ratio that Farm Credit System (System) institutions must compute. The average risk-adjusted asset base of a System bank, association, or designated other System entity is used to determine its annual assessment of funds to cover FCA's expenses.\2\ Existing Sec. 607.2(b) defines and specifies how to calculate ``average risk-adjusted asset base'' in four different ways, depending on when the institution was formed and how many quarters of risk-adjusted assets are available. All these variations, however, define ``average risk-adjusted asset base'' using the regulatory definition of ``risk-adjusted asset base'' and with reference to risk-adjusted assets as reported on each quarterly Call Report Schedule RC-G. --------------------------------------------------------------------------- \1\ 81 FR 48720, July 28, 2016. \2\ See 12 CFR part 607. --------------------------------------------------------------------------- The FCA significantly revised and relabeled its call report schedules in connection with the new capital rule. An institution's permanent capital ratio denominator--its average risk-adjusted asset base--is no longer reported in Call Report Schedule RC-G. Accordingly, FCA is revising the definition of ``average risk-adjusted asset base'' in Sec. 607.2(b) to remove the references to Call Report Schedule RC- G. Because call report schedules are subject to change outside of the regulatory process, the revised definition does not refer to a call report schedule. Rather, revised Sec. 607.2(b) defines ``average risk- adjusted asset base'' with reference to the average daily risk-adjusted assets as of the last day of the quarter and without reference to the call report schedule. Because average daily risk-adjusted assets can be determined under FCA's regulations, the reference to the [[Page 48759]] call report schedule is unnecessary.\3\ In the current version of the call report as of the date of this technical amendment, the denominator of the permanent capital ratio (average daily risk-adjusted assets) is reported at Line 8a of Schedule RC-R.1, but this location is subject to change.\4\ --------------------------------------------------------------------------- \3\ In the rare circumstance that an institution was unable to submit a call report, it could, for assessment purposes, calculate and provide the same data outside of the call report. \4\ By Informational Memorandum dated June 16, 2017, the FCA informed System banks and associations about the changes to the assessment calculation in the capital rules and about the changes to the call report schedules relevant to assessments. --------------------------------------------------------------------------- In addition, we revise Sec. 607.2(b)(3) and (b)(4) to clarify, based on current accounting practices, that mergers result in continuing institutions and consolidations result in newly formed institutions.\5\ We also revise these two paragraphs to remove obsolete provisions governing transfers of direct lending authority, since we do not expect any future transfers of direct lending authority.\6\ Finally, we make minor grammatical changes throughout Sec. 607.2(b). --------------------------------------------------------------------------- \5\ Section 621.3(a) requires System institutions to prepare financial statements and reports in accordance with generally accepted accounting principles (GAAP). \6\ Section 7.6 of the Farm Credit Act of 1971, as amended, 12 U.S.C. 2279b, authorized Federal land banks and merged banks to transfer their direct lending authority to System associations, and all associations now have direct lending authority. --------------------------------------------------------------------------- These changes are technical in nature and have no substantive effect. This rule will have no impact on the formula used to calculate an institution's assessment amount. Moreover, this rule does not change the definition of ``average risk-adjusted asset base'' other than to remove obsolete and unnecessary references, clarify the effect of mergers and consolidations, and correct minor grammatical errors. III. Direct Final Rule We are amending the definition of ``average risk-adjusted asset base'' in Sec. 607.2(b) by a direct final rulemaking. The Administrative Conference of the United States recommends direct final rulemaking for Federal agencies to enact noncontroversial regulations on an expedited basis, without the usual notice and comment period.\7\ This process enables us to reduce the time and resources we need to develop, review, and publish a final rule while still affording the public an adequate opportunity to comment or object to the rule. --------------------------------------------------------------------------- \7\ Recommendation 95-4, referencing the Administrative Procedure Act ``good cause'' exemption at 5 U.S.C. 553(b)(B), adopted June 15, 1995. --------------------------------------------------------------------------- In a direct final rulemaking, we notify the public that the rule will become final on a specified date unless we receive a significant adverse comment during the comment period. A significant adverse comment is one where the commenter explains why the rule would be inappropriate (including challenges to its underlying premise or approach), ineffective, or unacceptable without a change. In general, a significant adverse comment would raise an issue serious enough to warrant a substantive response from the FCA in a notice-and-comment proceeding. We believe that a direct final rulemaking is the appropriate method for amending Sec. 607.2(b) because the changes are technical in nature and do not substantively alter the rights or responsibilities of any party. We do not anticipate there will be significant adverse comments. If, however, we receive a significant adverse comment during the comment period, we will publish a notice of withdrawal of the relevant provisions of this rule that will also indicate how further rulemaking will proceed. If we receive no significant adverse comments, we will publish notice of the effective date of the rule following the required congressional waiting period under section 5.17(c)(1) of the Farm Credit Act of 1971, as amended. IV. Regulatory Flexibility Act Pursuant to section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the FCA hereby certifies that the direct final rule will not have a significant economic impact on a substantial number of small entities. Each of the banks in the Farm Credit System, considered together with its affiliated associations, has assets and annual income in excess of the amounts that would qualify them as small entities. Therefore, Farm Credit System institutions are not ``small entities'' as defined in the Regulatory Flexibility Act. List of Subjects in 12 CFR Part 607 Accounting, Agriculture, Banks, banking, Reporting and recordkeeping requirements, Rural areas. For the reasons stated in the preamble, part 607 of chapter VI, title 12 of the Code of Federal Regulations is amended as follows: PART 607--ASSESSMENT AND APPORTIONMENT OF ADMINISTRATIVE EXPENSES 0 1. The authority citation for part 607 continues to read as follows: Authority: Secs. 5.15, 5.17 of the Farm Credit Act (12 U.S.C. 2250, 2252) and 12 U.S.C. 3025. 0 2. Section 607.2 is amended by revising paragraph (b) to read as follows: Sec. 607.2 Definitions. * * * * * (b) Average risk-adjusted asset base means the average of the risk- adjusted asset base (as defined in Sec. 615.5201 of this chapter) of banks, associations, and designated other System entities, calculated as follows: (1) For a bank, association, or designated other System entity with four quarters of risk-adjusted assets as of June 30 of each year, the sum of the average daily risk-adjusted assets as of the last day of the quarter for the most recent four quarters immediately preceding each September 15, divided by four; (2) Except as provided in paragraphs (b)(3) and (b)(4) of this section, for a bank, association, or designated other System entity with less than four quarters of risk-adjusted assets as of June 30 of each year, the sum of the average daily risk-adjusted assets as of the last day of the quarter for the quarters in which it was in existence immediately preceding September 15, divided by the number of quarters in which it was in existence immediately preceding September 15; (3) For a bank, association, or designated other System entity that is the continuing institution after a merger of existing institutions or a newly formed institution formed through a consolidation of existing institutions and that has less than four quarters of risk- adjusted assets as of June 30 of each year, the sum of the average daily risk-adjusted assets as of the last day of the quarter for the most recent four quarters immediately preceding September 15 for all the institutions that were merged or consolidated, divided by four; (4) For a bank, association, or designated other System entity chartered during the period July 1 through September 30 of each year that is not the continuing institution after a merger of existing institutions or a newly formed institution formed through a consolidation of existing institutions, the total of the average daily risk-adjusted assets as of the last day of the quarter ending September 30. * * * * * [[Page 48760]] Dated: October 16, 2017. Dale L. Aultman, Secretary, Farm Credit Administration Board. [FR Doc. 2017-22721 Filed 10-19-17; 8:45 am] BILLING CODE 6705-01-P
![48758 Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Rules and Regulations
After consideration of all relevant amendments to eliminate language that I. Objective
matter presented, including the is obsolete, confusing, and unnecessary The objective of this direct final rule
information and recommendation to determine the annual assessment is to eliminate confusion in the
submitted by the Board and other amount of Farm Credit System definition of ‘‘average risk-adjusted
available information, it is hereby found institutions. asset base’’ in § 607.2(b), which is used
that this rule, as hereinafter set forth, DATES: If no significant adverse to determine the annual assessment
will tend to effectuate the declared comment is received on or before amount of System institutions, by:
policy of the Act. November 20, 2017, this regulation shall • Removing an obsolete and
List of Subjects in 7 CFR Part 996 become effective no earlier than the unnecessary reference to FCA’s call
expiration of 30 days after publication report schedule; and
Food grades and standards, Marketing • Clarifying the effect of mergers and
agreements, Peanuts, Reporting and in the Federal Register during which
either or both Houses of Congress are in consolidations based on current
recordkeeping requirements. accounting practices and deleting
session. We will publish notice of the
For the reasons set forth in the effective date in the Federal Register. obsolete language relating to transfers of
preamble, 7 CFR part 996 is amended as direct lending authority.
ADDRESSES: For accuracy and efficiency
follows:
reasons, please submit comments by II. Discussion
PART 996—MINIMUM QUALITY AND email or through the FCA’s Web site. Effective January 1, 2017, the FCA
HANDLING STANDARDS FOR We do not accept comments submitted published the Tier 1/Tier 2 Framework;
DOMESTIC AND IMPORTED PEANUTS by facsimile (fax), as faxes are difficult Final Rule (new capital rule).1 The new
MARKETED IN THE UNITED STATES for us to process in compliance with capital rule, in pertinent part, revised
section 508 of the Rehabilitation Act. the risk-weights that determine the risk-
■ 1. The authority citation for 7 CFR Please do not submit your comment adjusted asset base (the denominator) of
part 996 continues to read as follows: multiple times via different methods. the permanent capital ratio that Farm
Authority: 7 U.S.C. 7958. You may submit comments by any of Credit System (System) institutions
the following methods: must compute. The average risk-
■ 2. Section 996.13 is amended by • Email: Send us an email at reg-
revising paragraphs (b) and (c) to read adjusted asset base of a System bank,
comm@fca.gov. association, or designated other System
as follows: • FCA Web site: http://www.fca.gov. entity is used to determine its annual
§ 996.13 Peanuts. Select ‘‘Public Commenters,’’ then assessment of funds to cover FCA’s
* * * * * ‘‘Public Comments,’’ and follow the expenses.2 Existing § 607.2(b) defines
(b) Segregation 1. ‘‘Segregation 1 directions for ‘‘Submitting a Comment.’’ and specifies how to calculate ‘‘average
peanuts’’ means farmers stock peanuts • Federal eRulemaking Portal: http:// risk-adjusted asset base’’ in four
with not more than 3.49 percent www.regulations.gov. Follow the different ways, depending on when the
damaged kernels nor more than 1.00 instructions for submitting comments. institution was formed and how many
percent concealed damage caused by • Mail: Barry F. Mardock, Deputy quarters of risk-adjusted assets are
rancidity, mold, or decay and which are Director, Office of Regulatory Policy, available. All these variations, however,
free from visible Aspergillus flavus. Farm Credit Administration, 1501 Farm define ‘‘average risk-adjusted asset
(c) Segregation 2. ‘‘Segregation 2 Credit Drive, McLean, VA 22102–5090. base’’ using the regulatory definition of
peanuts’’ means farmers stock peanuts You may review copies of all ‘‘risk-adjusted asset base’’ and with
with more than 3.49 percent damaged comments we receive at our office in reference to risk-adjusted assets as
kernels or more than 1.00 percent McLean, Virginia, or from our Web site reported on each quarterly Call Report
concealed damage caused by rancidity, at http://www.fca.gov. Once you are in Schedule RC–G.
mold, or decay and which are free from the Web site, select ‘‘Public The FCA significantly revised and
visible Aspergillus flavus. Commenters,’’ then ‘‘Public relabeled its call report schedules in
Comments,’’ and follow the directions connection with the new capital rule.
* * * * * An institution’s permanent capital ratio
for ‘‘Reading Submitted Public
Dated: October 16, 2017. Comments.’’ We will show your denominator—its average risk-adjusted
Bruce Summers, comments as submitted, but for asset base—is no longer reported in Call
Acting Administrator, Agricultural Marketing technical reasons we may omit items Report Schedule RC–G. Accordingly,
Service. such as logos and special characters. FCA is revising the definition of
[FR Doc. 2017–22712 Filed 10–19–17; 8:45 am] Identifying information you provide, ‘‘average risk-adjusted asset base’’ in
BILLING CODE 3410–02–P such as phone numbers and addresses, § 607.2(b) to remove the references to
will be publicly available. However, we Call Report Schedule RC–G. Because
will attempt to remove email addresses call report schedules are subject to
FARM CREDIT ADMINISTRATION to help reduce Internet spam. change outside of the regulatory
FOR FURTHER INFORMATION CONTACT:
process, the revised definition does not
12 CFR Part 607 Jeremy R. Edelstein, Senior Policy refer to a call report schedule. Rather,
Analyst, Office of Regulatory Policy, revised § 607.2(b) defines ‘‘average risk-
RIN 3052–AD30 adjusted asset base’’ with reference to
Farm Credit Administration, McLean,
VA 22102–5090, (703) 883–4497, TTY the average daily risk-adjusted assets as
Assessment and Apportionment of
(703) 883–4056; or of the last day of the quarter and
Administrative Expenses
nlaroche on DSK9F9SC42PROD with RULES
Jennifer A. Cohn, Senior Counsel, without reference to the call report
AGENCY: Farm Credit Administration. Office of General Counsel, Farm Credit schedule. Because average daily risk-
ACTION: Direct final rule. Administration, McLean, VA 22102– adjusted assets can be determined under
5090, (303) 696–9737, TTY (703) 883– FCA’s regulations, the reference to the
SUMMARY: The Farm Credit
Administration (FCA or we) issues this 4056. 1 81 FR 48720, July 28, 2016.
direct final rule adopting technical SUPPLEMENTARY INFORMATION: 2 See 12 CFR part 607.
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![48760 Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Rules and Regulations
Dated: October 16, 2017. part 313, became effective August 18, Congressional Review Act
Dale L. Aultman, 2009 (74 FR 41592). For Fiscal Year This final rule is not major under the
Secretary, Farm Credit Administration Board. 2010, the only year in which EDA made Congressional Review Act (5 U.S.C. 801
[FR Doc. 2017–22721 Filed 10–19–17; 8:45 am] awards under CTAA, EDA awarded et seq.).
BILLING CODE 6705–01–P $36,768,000 in grants to 36 recipients.
The CTAA Program was subsequently Executive Order No. 13132
repealed by section 222 of the Trade This final rule does not contain
DEPARTMENT OF COMMERCE Adjustment Assistance Extension Act of policies that have federalism
2011 (Pub. L. 112–40) ‘‘because it was implications.
Economic Development Administration considered duplicative of other federal
programs. . . .’’ See CRS Report Paperwork Reduction Act
13 CFR Part 313 R41922, Trade Adjustment Assistance The Paperwork Reduction Act of 1995
(TAA) and Its Role in U.S. Trade Policy, (44 U.S.C. 3501 et seq.) (‘‘PRA’’)
[Docket No.: 170828819–7819–01] Aug. 5, 2013, p. 14. With the requires that a Federal agency consider
RIN 0610–AA70 elimination of the CTAA Program by the impact of paperwork and other
Congress, EDA’s implementing information collection burdens imposed
Elimination of Regulations regulations are now unnecessary. on the public and, under the provisions
Implementing Community Trade This elimination of 13 CFR part 313 of PRA section 3507(d), obtain approval
Adjustment Assistance Program is a ‘‘deregulatory action’’ pursuant to from OMB for each collection of
the April 5, 2017, OMB guidance information it conducts, sponsors, or
AGENCY: Economic Development requires through regulations.
Administration, U.S. Department of memorandum implementing Executive
Order 13771. Since the program is Notwithstanding any other provision of
Commerce. law, no person is required to respond to,
ACTION: Final rule.
already defunct, there are no cost
savings associated with this elimination. nor shall any person be subject to a
penalty for failure to comply with a
SUMMARY: Through this final rule, the Classification collection of information subject to the
Economic Development Administration
PRA unless that collection displays a
(‘‘EDA’’), U.S. Department of Commerce, Administrative Procedure Act and
currently valid OMB Control Number.
eliminates the regulations implementing Regulatory Flexibility Act
This final rule does not require the
the Community Trade Adjustment
Pursuant to 5 U.S.C. 553(b)(B), there collection of any information.
Assistance (‘‘CTAA’’) Program.
Established in 2009 under the Trade Act is good cause to waive prior notice and List of Subjects in 13 CFR Part 313
of 1974, the CTAA Program was an opportunity for public comment on
this action, as notice and comment are Trade adjustment assistance for
subsequently eliminated by Congress in communities, Impacted community,
2011. Implementing regulations for this unnecessary. This rule removes obsolete
regulations implementing the CTAA Petition and affirmative determination
now-defunct Program are thus requirements, Strategic plan,
unnecessary. This final rule is a Program, which has been eliminated by
Congress. Therefore, public comment Implementation grant.
‘‘deregulatory action’’ pursuant to the
April 5, 2017, Office of Management would serve no purpose and is ■ For the reasons discussed above, and
and Budget (‘‘OMB’’) guidance unnecessary. There is also good cause under the authority of 19 U.S.C. 2341–
memorandum implementing Executive under 5 U.S.C. 553(d)(3) to waive the 2372, EDA is removing and reserving 13
Order 13771. 30-day delay in effectiveness. This rule CFR part 313.
DATES: This rule is effective October 20, does not alter the rights or
responsibilities of any party, and PART 313—[REMOVED AND
2017. RESERVED]
delaying implementation of this rule
FOR FURTHER INFORMATION CONTACT:
serves no purpose.
Jeffrey Roberson, Deputy Chief Counsel, Dated: October 16, 2017.
Office of the Chief Counsel, Economic Because prior notice and an
Dennis Alvord,
Development Administration, U.S. opportunity for public comment are not
required pursuant to 5 U.S.C. 553, or Deputy Assistant Secretary for Regional
Department of Commerce, 1401 Affairs.
Constitution Avenue NW., Suite 72023, any other law, the analytical
[FR Doc. 2017–22782 Filed 10–19–17; 8:45 am]
Washington, DC 20230; telephone: (202) requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are BILLING CODE 3510–24–P
482–1315.
SUPPLEMENTARY INFORMATION:
inapplicable. Therefore, a regulatory
flexibility analysis has not been
Background prepared. NATIONAL AERONAUTICS AND
The CTAA Program was enacted as SPACE ADMINISTRATION
Executive Orders No. 12866, 13563, and
part of the Trade Act of 1974 (19 U.S.C. 13771 14 CFR Parts 1264 and 1271
2101 et seq.) by the Trade and
Globalization Adjustment Assistance This final rule was drafted in RIN 2700–AE30
Act of 2009, which was included as accordance with Executive Orders
subtitle I (letter ‘‘I’’) of title I of Division 12866, 13563, and 13771. OMB has [Document Number NASA–17–071: Docket
determined that this rule is not Number–NASA–2017–0004]
nlaroche on DSK9F9SC42PROD with RULES
B of the American Recovery and
Reinvestment Act of 2009 (Pub. L. 111– significant for purposes of Executive Implementation of the Federal Civil
5). CTAA was intended to help Orders 12866. This final rule is a Penalties Inflation Adjustment Act and
communities respond to job losses ‘‘deregulatory action’’ pursuant to the Adjustment of Amounts for 2017
resulting from international trade April 5, 2017, OMB guidance
impacts. EDA’s implementing memorandum implementing Executive AGENCY:National Aeronautics and
regulations for CTAA, located at 13 CFR Order 13771 (M–17–21). Space Administration.
VerDate Sep<11>2014 14:59 Oct 19, 2017 Jkt 244001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM 20OCR1](https://thefederalregister.org/doc/82_FR_48960/page/3.svg)
Document Created: 2017-10-20 00:06:36
Document Modified: 2017-10-20 00:06:36
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | If no significant adverse comment is received on or before November 20, 2017, this regulation shall become effective no earlier than the expiration of 30 days after publication in the Federal Register during which either or both Houses of Congress are in session. We will publish notice of the effective date in the Federal Register. | |
| Contact | Jeremy R. Edelstein, Senior Policy Analyst, Office of Regulatory Policy, Farm Credit Administration, McLean, VA 22102-5090, (703) 883- 4497, TTY (703) 883-4056; or | |
| FR Citation | 82 FR 48758 | |
| RIN Number | 3052-AD30 | |
| CFR Associated | Accounting; Agriculture; Banks; Banking; Reporting and Recordkeeping Requirements and Rural Areas |
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