83 FR 17616 - Regulatory Capital Rules: Regulatory Capital, Final Revisions Applicable to Banking Organizations Subject to the Advanced Approaches Risk-Based Capital Rule

FEDERAL DEPOSIT INSURANCE CORPORATION

Federal Register Volume 83, Issue 78 (April 23, 2018)

Page Range		17616-17617
FR Document		2018-08359

The FDIC is issuing this technical amendment to return text to its regulations that was altered due to a procedural error that allowed a 2014 rule to become effective on January 1, 2018. FDIC did not intend for the 2014 rule to become effective but did not rescind it before its effective date. This rule returns text to a section on capital measures and capital category definitions as it appeared before the codification of the 2014 rule.

Federal Register, Volume 83 Issue 78 (Monday, April 23, 2018)

[Federal Register Volume 83, Number 78 (Monday, April 23, 2018)]
[Rules and Regulations]
[Pages 17616-17617]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08359]


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FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Part 324

RIN 3064-AE12


Regulatory Capital Rules: Regulatory Capital, Final Revisions 
Applicable to Banking Organizations Subject to the Advanced Approaches 
Risk-Based Capital Rule

AGENCY: Federal Deposit Insurance Corporation (FDIC).

ACTION: Final rule; technical amendment.

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

SUMMARY: The FDIC is issuing this technical amendment to return text to 
its regulations that was altered due to a procedural error that allowed 
a 2014 rule to become effective on January 1, 2018. FDIC did not intend 
for the 2014 rule to become effective but did not rescind it before its 
effective date. This rule returns text to a section on capital measures 
and capital category definitions as it appeared before the codification 
of the 2014 rule.

[[Page 17617]]


DATES: April 23, 2018 and applicable beginning April 15, 2016.

FOR FURTHER INFORMATION CONTACT: Valerie J. Best, Supervisory Counsel 
(Assistant Executive Secretary), vbest@fdic.gov, ph. 202-898-3812; or 
Michael Phillips, Counsel, mphillips@fdic.gov; Legal Division, Federal 
Deposit Insurance Corporation, 550 17th Street NW, Washington, DC 
20429.

SUPPLEMENTARY INFORMATION: This document sets out the text of Sec.  
324.403(b)(1)(v) as adopted by the FDIC Board of Directors on June 16, 
2015. This technical correction is needed to rescind the impact of a 
delayed effective date initially prescribed in 2014. On April 8, 2014, 
the FDIC issued revisions to Sec.  324.403(b)(1)(v), with a delayed 
effective date of January 1, 2018. 79 FR 24528 at 24541 (May 1, 2014). 
On July 15, 2015, the FDIC revised Sec.  324.403(b)(1)(i) through (vi). 
80 FR 41409 at 41426 (July 15, 2015). In the 2015 Federal Register the 
FDIC specified an effective date of October 1, 2015, but did not 
specifically rescind the delayed effective date prescribed in the 2014 
Federal Register. On April 12, 2016, the FDIC issued a correcting 
amendment with respect to Sec.  324.403 but, again, did not 
specifically rescind the delayed effective date prescribed in the 2014 
Federal Register. Because the FDIC did not specifically rescind the 
delayed effective date, when the delayed effective date occurred on 
January 1, 2018, the text of Sec.  324.403(b)(1)(v) reverted to the 
text as it appeared in the 2014 Federal Register. But, because the FDIC 
Board had adopted revisions to the text of Sec.  324.403(b)(1)(v) and 
(vi) in 2015, as illustrated in the 2015 and 2016 Federal Registers, 
the effect, if uncorrected, is that the text of paragraph (v) 
duplicates the text of paragraph (vi).

List of Subjects in 12 CFR Part 324

    Administrative practice and procedure, Banks, Banking, Capital 
adequacy, Reporting and recordkeeping requirements, Savings 
associations, State non-member banks.

12 CFR CHAPTER III

Authority and Issuance

    For the reasons stated in the preamble, the Federal Deposit 
Insurance Corporation amends part 324 of chapter III of Title 12, Code 
of Federal Regulations as follows:

PART 324--CAPITAL ADEQUACY

0
1. The authority citation for part 324 continues to read as follows:

    Authority:  12 U.S.C. 1815(a), 1815(b), 1816, 1818(a), 1818(b), 
1818(c), 1818(t), 1819 (Tenth), 1828(c), 1828(d), 1828(i), 1828(n), 
1828(o), 1831o, 1835, 3907, 3909, 4808; 5371; 5412; Pub. L. 102-233, 
105 Stat. 1761, 1789, 1790 (12 U.S.C. 1831n note); Pub. L. 102-242, 
105 Stat. 2236, 2355, as amended by Pub. L. 103-325, 108 Stat. 2160, 
2233 (12 U.S.C. 1828 note); Pub. L. 102-242, 105 Stat. 2236, 2386, 
as amended by Pub. L. 102-550, 106 Stat. 3672, 4089 (12 U.S.C. 1828 
note); Pub. L. 111-203, 124 Stat. 1376, 1887 (15 U.S.C. 78o-7 note).


0
2. In Sec.  324.403, revise paragraph (b)(1)(v) to read as follows:


Sec.  324.403   Capital measures and capital category definitions.

* * * * *
    (b) * * *
    (1) * * *
    (v) Is not subject to any written agreement, order, capital 
directive, or prompt corrective action directive issued by the FDIC 
pursuant to section 8 of the FDI Act (12 U.S.C. 1818), the 
International Lending Supervision Act of 1983 (12 U.S.C. 3907), or the 
Home Owners' Loan Act (12 U.S.C. 1464(t)(6)(A)(ii)), or section 38 of 
the FDI Act (12 U.S.C. 1831o), or any regulation thereunder, to meet 
and maintain a specific capital level for any capital measure; and
* * * * *

    Dated at Washington, DC, on April 17, 2018.

Federal Deposit Insurance Corporation.
Valerie Best,
Assistant Executive Secretary.
[FR Doc. 2018-08359 Filed 4-20-18; 8:45 am]
 BILLING CODE 6714-01-P

17616 Federal Register / Vol. 83, No. 78 / Monday, April 23, 2018 / Rules and Regulations

price and shipment data, the majority of handlers as they work to recover from Reduction Act (44 U.S.C. Chapter 35);
Florida grapefruit handlers could be the losses stemming from the hurricane. and the E-Gov Act (44 U.S.C. 101).
considered small businesses under This action may also help reduce In accordance with section 8e of the
SBA’s definition ($29.40 times 3.2 harvesting costs. By reducing the Act, the United States Trade
million boxes equals $94.1 million minimum size, more fruit can be Representative has concurred with the
divided by 20 handlers equals $4.7 harvested immediately. This may issuance of this final rule.
million per handler). In addition, based eliminate the need to leave fruit on the After consideration of all relevant
on NASS data, the average grower price tree to increase in size, which requires material presented, it is found that
for the 2016–17 season was $16.02 per follow-up picking later in the season. finalizing the interim rule, without
box. Based on grower price, shipment Given the amount of fruit loss, this change, as published in the Federal
data, and the total number of Florida could help reduce picking costs Register (82 FR 55305, November 21,
citrus growers, the average annual substantially. The benefits of this rule 2017) will tend to effectuate the
grower revenue is below $750,000 are expected to be equally available to declared policy of the Act.
($16.02 times 3.2 million boxes equals all fresh grapefruit growers and
List of Subjects
$51,264,000 divided by 500 producers handlers, regardless of their size.
equals $102,528 per handler). In accordance with the Paperwork 7 CFR Part 905
Information from the Foreign Reduction Act of 1995 (44 U.S.C. Grapefruit, Marketing agreements,
Agricultural Service, USDA, indicates Chapter 35), the Order’s information Oranges, Pummelos, Reporting and
that the dollar value of imported fresh collection requirements have been recordkeeping requirements,
grapefruit was approximately $11.2 previously approved by the Office of Tangerines.
million in 2016. Using this value and Management and Budget (OMB) and
the number of importers (approximately assigned OMB No. 0581–0189, ‘‘Generic 7 CFR Part 944
50), most importers would have annual Fruit Crops.’’ No changes in those Avocados, Food grades and standards,
receipts of less than $7,500,000 for requirements as a result of this action Grapefruit, Grapes, Imports, Kiwifruit,
grapefruit. Thus, the majority of are necessary. Should any changes Limes, Olives, Oranges.
handlers, producers, and importers of become necessary, they would be Accordingly, the interim rule that
grapefruit may be classified as small submitted to OMB for approval. amended 7 CFR parts 905 and 944 and
entities. This action imposes no additional that was published at 82 FR 55305 on
South Africa, Peru, and Mexico are reporting or recordkeeping requirements November 21, 2017, is adopted as a final
the major grapefruit-producing on either small or large grapefruit rule, without change.
countries exporting grapefruit to the handlers. As with all Federal marketing
United States. In 2016, shipments of order programs, reports and forms are Dated: April 18, 2018.
grapefruit imported into the United periodically reviewed to reduce Bruce Summers,
States totaled approximately 24,000 information requirements and Acting Administrator, Agricultural Marketing
metric tons. duplication by industry and public Service.
This rule continues in effect the sector agencies. USDA has not [FR Doc. 2018–08424 Filed 4–20–18; 8:45 am]
action that reduced the minimum size identified any relevant Federal rules BILLING CODE 3410–02–P
requirements for grapefruit covered that duplicate, overlap or conflict with
under the Order and imported grapefruit this rule.
from 3 5⁄16 inches to 3 inches in Further, the Committee’s meetings FEDERAL DEPOSIT INSURANCE
diameter. This change is expected to were widely publicized throughout the CORPORATION
maximize shipments by allowing more Florida citrus industry and all interested
grapefruit to be shipped to the fresh persons were invited to attend the 12 CFR Part 324
market while providing greater meeting and participate in Committee
flexibility to handlers and importers. deliberations. Like all Committee RIN 3064–AE12
Further, it helps reduce the losses meetings, the June 29, 2017, and
September 28, 2017, meetings were Regulatory Capital Rules: Regulatory
sustained by the grapefruit industry as
public meetings and all entities, both Capital, Final Revisions Applicable to
a result of citrus greening and Hurricane
large and small, were able to express Banking Organizations Subject to the
Irma. This rule amends the provisions of
their views on this issue. Advanced Approaches Risk-Based
§§ 905.306 and 944.106. Authority for
Capital Rule
the change is provided in § 905.52. The Comments on the interim rule were
change in the import regulation is required to be received on or before AGENCY: Federal Deposit Insurance
required under section 8e of the Act. January 22, 2018. One comment was Corporation (FDIC).
This action is not expected to increase received during the comment period. ACTION: Final rule; technical
costs associated with the Order’s The Commenter was in favor of the amendment.
requirements. Rather, this action will regulation, and stated that both
have a beneficial impact. Reducing the producers and consumers would benefit SUMMARY: The FDIC is issuing this
size requirements makes additional fruit from this action. technical amendment to return text to
available for shipment to the fresh Accordingly, no changes will be made its regulations that was altered due to a
market, provides an outlet for fruit that to the interim rule, based on the procedural error that allowed a 2014
may otherwise go unharvested, and comment received. rule to become effective on January 1,
jstallworth on DSKBBY8HB2PROD with RULES

affords more opportunity to meet To view the interim rule, go to: 2018. FDIC did not intend for the 2014
consumer demand. This change https://www.regulations.gov/ rule to become effective but did not
provides additional fruit to fill the document?D=AMS-SC-17-0063-0001. rescind it before its effective date. This
shortage caused by citrus greening and This action also affirms information rule returns text to a section on capital
Hurricane Irma. Further, by maximizing contained in the interim rule concerning measures and capital category
shipments, this action will help provide Executive Orders 12866, 12988, 13175, definitions as it appeared before the
additional returns to growers and 13563, and 13771; the Paperwork codification of the 2014 rule.

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Federal Register / Vol. 83, No. 78 / Monday, April 23, 2018 / Rules and Regulations 17617

DATES: April 23, 2018 and applicable Authority: 12 U.S.C. 1815(a), 1815(b), AD is prompted by a finding that the
beginning April 15, 2016. 1816, 1818(a), 1818(b), 1818(c), 1818(t), 1819 yoke is susceptible to cracking. The
(Tenth), 1828(c), 1828(d), 1828(i), 1828(n), actions of this AD are intended to
FOR FURTHER INFORMATION CONTACT:
1828(o), 1831o, 1835, 3907, 3909, 4808; 5371; address an unsafe condition on these
Valerie J. Best, Supervisory Counsel 5412; Pub. L. 102–233, 105 Stat. 1761, 1789,
(Assistant Executive Secretary), vbest@ 1790 (12 U.S.C. 1831n note); Pub. L. 102–
products.
fdic.gov, ph. 202–898–3812; or Michael 242, 105 Stat. 2236, 2355, as amended by DATES: This AD becomes effective
Phillips, Counsel, mphillips@fdic.gov; Pub. L. 103–325, 108 Stat. 2160, 2233 (12 May 8, 2018.
Legal Division, Federal Deposit U.S.C. 1828 note); Pub. L. 102–242, 105 Stat.
The Director of the Federal Register
Insurance Corporation, 550 17th Street 2236, 2386, as amended by Pub. L. 102–550,
106 Stat. 3672, 4089 (12 U.S.C. 1828 note); approved the incorporation by reference
NW, Washington, DC 20429. of a certain document listed in this AD
Pub. L. 111–203, 124 Stat. 1376, 1887 (15
SUPPLEMENTARY INFORMATION: This U.S.C. 78o–7 note). as of May 8, 2018.
document sets out the text of We must receive comments on this
§ 324.403(b)(1)(v) as adopted by the ■ 2. In § 324.403, revise paragraph
(b)(1)(v) to read as follows: AD by June 22, 2018.
FDIC Board of Directors on June 16,
ADDRESSES: You may send comments by
2015. This technical correction is § 324.403 Capital measures and capital any of the following methods:
needed to rescind the impact of a category definitions.
delayed effective date initially • Federal eRulemaking Docket: Go to
* * * * * http://www.regulations.gov. Follow the
prescribed in 2014. On April 8, 2014, (b) * * *
the FDIC issued revisions to online instructions for sending your
(1) * * * comments electronically.
§ 324.403(b)(1)(v), with a delayed (v) Is not subject to any written
effective date of January 1, 2018. 79 FR • Fax: 202–493–2251.
agreement, order, capital directive, or
24528 at 24541 (May 1, 2014). On July • Mail: Send comments to the U.S.
prompt corrective action directive
15, 2015, the FDIC revised Department of Transportation, Docket
issued by the FDIC pursuant to section
§ 324.403(b)(1)(i) through (vi). 80 FR Operations, M–30, West Building
8 of the FDI Act (12 U.S.C. 1818), the
41409 at 41426 (July 15, 2015). In the Ground Floor, Room W12–140, 1200
International Lending Supervision Act
2015 Federal Register the FDIC New Jersey Avenue SE, Washington, DC
of 1983 (12 U.S.C. 3907), or the Home
specified an effective date of October 1, 20590–0001.
Owners’ Loan Act (12 U.S.C.
2015, but did not specifically rescind 1464(t)(6)(A)(ii)), or section 38 of the • Hand Delivery: Deliver to the
the delayed effective date prescribed in FDI Act (12 U.S.C. 1831o), or any ‘‘Mail’’ address between 9 a.m. and
the 2014 Federal Register. On April 12, regulation thereunder, to meet and 5 p.m., Monday through Friday, except
2016, the FDIC issued a correcting maintain a specific capital level for any Federal holidays.
amendment with respect to § 324.403 capital measure; and Examining the AD Docket
but, again, did not specifically rescind * * * * *
the delayed effective date prescribed in You may examine the AD docket on
the 2014 Federal Register. Because the Dated at Washington, DC, on April 17, the internet at http://
2018. www.regulations.gov by searching for
FDIC did not specifically rescind the
delayed effective date, when the Federal Deposit Insurance Corporation. and locating Docket No. FAA–2018–
delayed effective date occurred on Valerie Best, 0237; or in person at Docket Operations
January 1, 2018, the text of Assistant Executive Secretary. between 9 a.m. and 5 p.m., Monday
§ 324.403(b)(1)(v) reverted to the text as [FR Doc. 2018–08359 Filed 4–20–18; 8:45 am] through Friday, except Federal holidays.
it appeared in the 2014 Federal BILLING CODE 6714–01–P
The AD docket contains this AD, the
Register. But, because the FDIC Board European Aviation Safety Agency
had adopted revisions to the text of (EASA) AD, any incorporated-by-
§ 324.403(b)(1)(v) and (vi) in 2015, as DEPARTMENT OF TRANSPORTATION reference service information, the
illustrated in the 2015 and 2016 Federal economic evaluation, any comments
Registers, the effect, if uncorrected, is Federal Aviation Administration received, and other information. The
that the text of paragraph (v) duplicates street address for Docket Operations
the text of paragraph (vi). 14 CFR Part 39 (telephone 800–647–5527) is in the
ADDRESSES section. Comments will be
List of Subjects in 12 CFR Part 324 [Docket No. FAA–2018–0237; Product available in the AD docket shortly after
Identifier 2017–SW–145–AD; Amendment
Administrative practice and receipt.
39–19254; AD 2018–08–01]
procedure, Banks, Banking, Capital For service information identified in
adequacy, Reporting and recordkeeping RIN 2120–AA64 this final rule, contact Airbus
requirements, Savings associations, Helicopters, 2701 N Forum Drive, Grand
Airworthiness Directives; Airbus Prairie, TX 75052; telephone (972) 641–
State non-member banks.
Helicopters 0000 or (800) 232–0323; fax (972) 641–
12 CFR CHAPTER III
AGENCY: Federal Aviation 3775; or at http://
Authority and Issuance Administration (FAA), Department of www.helicopters.airbus.com/website/
For the reasons stated in the Transportation (DOT). en/ref/Technical-Support_73.html. You
preamble, the Federal Deposit Insurance ACTION: Final rule; request for may review the referenced service
Corporation amends part 324 of chapter comments. information at the FAA, Office of the
jstallworth on DSKBBY8HB2PROD with RULES

III of Title 12, Code of Federal Regional Counsel, Southwest Region,
Regulations as follows: SUMMARY: We are adopting a new 10101 Hillwood Pkwy., Room 6N–321,
airworthiness directive (AD) for Airbus Fort Worth, TX 76177. It is also
PART 324—CAPITAL ADEQUACY Helicopters Model EC225LP helicopters. available on the internet at http://
This AD requires inspecting each main www.regulations.gov by searching for
■ 1. The authority citation for part 324 rotor rotating swashplate (swashplate) and locating Docket No. FAA–2018–
continues to read as follows: control rod attachment yoke (yoke). This 0237.

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Document Created: 2018-04-21 00:33:07
Document Modified: 2018-04-21 00:33:07

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; technical amendment.
Dates		April 23, 2018 and applicable beginning April 15, 2016.
Contact		Valerie J. Best, Supervisory Counsel (Assistant Executive Secretary), [email protected], ph. 202-898-3812; or Michael Phillips, Counsel, [email protected]; Legal Division, Federal Deposit Insurance Corporation, 550 17th Street NW, Washington, DC 20429.
FR Citation		83 FR 17616
RIN Number		3064-AE12
CFR Associated		Administrative Practice and Procedure; Banks; Banking; Capital Adequacy; Reporting and Recordkeeping Requirements; Savings Associations and State Non-Member Banks