83_FR_47495 83 FR 47313 - OCC Guidelines Establishing Standards for Recovery Planning by Certain Large Insured National Banks, Insured Federal Savings Associations, and Insured Federal Branches; Technical Amendments

83 FR 47313 - OCC Guidelines Establishing Standards for Recovery Planning by Certain Large Insured National Banks, Insured Federal Savings Associations, and Insured Federal Branches; Technical Amendments

DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency

Federal Register Volume 83, Issue 182 (September 19, 2018)

Page Range47313-47315
FR Document2018-20166

The Office of the Comptroller of the Currency (OCC) is proposing to amend its enforceable guidelines relating to recovery planning standards for insured national banks, insured federal savings associations, and insured federal branches (Guidelines) to increase the average total consolidated assets threshold for applying the Guidelines from $50 billion to $250 billion. In addition, the proposed change to the Guidelines would decrease from 18 months to 12 months the time within which a bank should comply with the Guidelines after the bank becomes subject to them. Finally, the proposal would make technical amendments to remove outdated compliance dates.

Federal Register, Volume 83 Issue 182 (Wednesday, September 19, 2018)
[Federal Register Volume 83, Number 182 (Wednesday, September 19, 2018)]
[Proposed Rules]
[Pages 47313-47315]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20166]



[[Page 47313]]

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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency

12 CFR Part 30

[Docket ID OCC-2018-0028]
RIN 1557-AE51


OCC Guidelines Establishing Standards for Recovery Planning by 
Certain Large Insured National Banks, Insured Federal Savings 
Associations, and Insured Federal Branches; Technical Amendments

AGENCY: Office of the Comptroller of the Currency, Treasury.

ACTION: Notice of proposed rulemaking; revised guidelines.

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SUMMARY: The Office of the Comptroller of the Currency (OCC) is 
proposing to amend its enforceable guidelines relating to recovery 
planning standards for insured national banks, insured federal savings 
associations, and insured federal branches (Guidelines) to increase the 
average total consolidated assets threshold for applying the Guidelines 
from $50 billion to $250 billion. In addition, the proposed change to 
the Guidelines would decrease from 18 months to 12 months the time 
within which a bank should comply with the Guidelines after the bank 
becomes subject to them. Finally, the proposal would make technical 
amendments to remove outdated compliance dates.

DATES: Comments must be received by November 5, 2018.

ADDRESSES: You may submit comments to the OCC by any of the methods set 
forth below. Commenters are encouraged to submit comments through the 
Federal eRulemaking Portal or email, if possible. Please use the title 
``OCC Guidelines Establishing Standards for Recovery Planning by 
Certain Large Insured National Banks, Insured Federal Savings 
Associations, and Insured Federal Branches'' to facilitate the 
organization and distribution of the comments. You may submit comments 
by any of the following methods:
     Federal eRulemaking Portal--``Regulations.gov'': Go to 
www.regulations.gov. Enter ``Docket ID OCC-2018-0028'' in the Search 
Box and click ``Search.'' Click on ``Comment Now'' to submit public 
comments.
     Click on the ``Help'' tab on the Regulations.gov home page 
to get information on using Regulations.gov, including instructions for 
submitting public comments.
     Email: regs.comments@occ.treas.gov.
     Mail: Legislative and Regulatory Activities Division, 
Office of the Comptroller of the Currency, 400 7th Street SW, Suite 3E-
218, Washington, DC 20219.
     Hand Delivery/Courier: 400 7th Street SW, Suite 3E-218, 
Washington, DC 20219.
     Fax: (571) 465-4326.
    Instructions: You must include ``OCC'' as the agency name and 
``Docket ID OCC-2018-0028'' in your comment. In general, the OCC will 
enter all comments received into the docket and publish the comments on 
the Regulations.gov website without change, including any business or 
personal information that you provide such as name and address 
information, email addresses, or phone numbers. Comments received, 
including attachments and other supporting materials, are part of the 
public record and subject to public disclosure. Do not include any 
information in your comment or supporting materials that you consider 
confidential or inappropriate for public disclosure.
    You may review comments and other related materials that pertain to 
this rulemaking action by any of the following methods:
     Viewing Comments Electronically: Go to 
www.regulations.gov. Enter ``Docket ID OCC-2018-0028'' in the Search 
box and click ``Search.'' Click on ``Open Docket Folder'' on the right 
side of the screen. Comments and supporting materials can be viewed and 
filtered by clicking on ``View all documents and comments in this 
docket'' and then using the filtering tools on the left side of the 
screen.
     Click on the ``Help'' tab on the Regulations.gov home page 
to get information on using Regulations.gov. The docket may be viewed 
after the close of the comment period in the same manner as during the 
comment period.
     Viewing Comments Personally: You may personally inspect 
comments at the OCC, 400 7th Street SW, Washington, DC 20219. For 
security reasons, the OCC requires that visitors make an appointment to 
inspect comments. You may do so by calling (202) 649-6700 or, for 
persons who are deaf or hearing impaired, TTY, (202) 649-5597. Upon 
arrival, visitors will be required to present valid government-issued 
photo identification and submit to security screening in order to 
inspect comments.

FOR FURTHER INFORMATION CONTACT: Lori Bittner, Large Bank Supervision--
Resolution and Recovery, (202) 649-6210; Andra Shuster, Senior Counsel 
or Rima Kundnani, Attorney, Chief Counsel's Office, (202) 649-5490; or, 
for persons who are deaf or hard of hearing, TTY, (202) 649-5597, 400 
7th Street SW, Washington, DC 20219.

SUPPLEMENTARY INFORMATION: 

I. Background

    The 2008 financial crisis provided valuable lessons about the need 
for financial institutions to have strong risk governance frameworks, 
including plans for how to respond to and recover from the financial 
effects of severe stress. This was particularly true for larger, more 
complex banks in light of systemic risks and contagion effects that 
they pose. In response to these lessons, on September 19, 2016, the OCC 
published the Guidelines establishing minimum standards for recovery 
planning by insured national banks, insured federal savings 
associations, and insured federal branches of foreign banks (banks) 
with average total consolidated assets \1\ equal to or greater than $50 
billion (covered banks).\2\ The Guidelines state that a recovery plan 
should identify (1) quantitative or qualitative indicators of the risk 
or existence of severe stress that reflect a covered bank's particular 
vulnerabilities and (2) a wide range of credible options that a covered 
bank could undertake in response to the stress to restore its financial 
strength and viability.
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    \1\ Average total consolidated assets is defined in the 
Guidelines and means the average total consolidated assets of the 
bank or covered bank as reported on the bank's or covered bank's 
Consolidated Reports of Condition and Income for the four most 
recent consecutive quarters. See 12 CFR 30, Appendix E, paragraph 
I.E.1.
    \2\ 81 FR 66791 (Sep. 29, 2016). The Guidelines were issued 
pursuant to section 39 of the Federal Deposit Insurance Act, 12 
U.S.C. 1831p-1, which authorizes the OCC to prescribe enforceable 
safety and soundness standards.
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    Under the Guidelines, a recovery plan should also address: (1) 
Procedures for escalating decision-making to senior management or the 
board of directors, (2) management reports, and (3) communication 
procedures. In addition, the Guidelines explain how a bank should 
calculate its average total consolidated assets and reserve the OCC's 
authority to apply the Guidelines to a bank below the $50 billion 
threshold if the agency determines a bank is highly complex or 
otherwise presents a heightened risk. Finally, the Guidelines set out 
phased-in compliance dates based on bank size.

II. Proposed Changes

    Threshold. The OCC noted in the Supplementary Information section 
of the final Guidelines that large, complex institutions should 
undertake recovery

[[Page 47314]]

planning to be able to respond quickly to and recover from the 
financial effects of severe stress on the institution. Based on its 
experience to date in reviewing recovery plans, the OCC believes that 
it is appropriate to raise the threshold for the Guidelines to focus on 
those institutions that present greater systemic risk to the banking 
system. These larger, more complex, and potentially more interconnected 
banks present the types of risks that could benefit most from having 
the types of governance and planning processes that identify and assist 
in responding to significant stress events.
    In addition, at the time the Guidelines were published, the $50 
billion recovery planning threshold was consistent with the scope of 
Federal Deposit Insurance Corporation and Board of Governors of the 
Federal Reserve System regulations \3\ that require systemically 
important financial institutions to prepare resolution plans under 
section 165 of the Dodd-Frank Wall Street Reform and Consumer 
Protection Act.\4\ On May 24, 2018, the Economic Growth, Regulatory 
Relief, and Consumer Protection Act (Act) was enacted to promote 
economic growth, provide tailored economic relief, and enhance consumer 
protections.\5\ Section 401 of the Act raises from $50 billion to $250 
billion the section 165 resolution planning threshold.
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    \3\ See 12 CFR 381.2(f) and 243.2(f), respectively. See also 12 
CFR 360.10.
    \4\ Public Law 111-203, 124 Stat. 1376 (July 21, 2010).
    \5\ Public Law 115-174, 132 Stat. 1296 (May 24, 2018).
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    Accordingly, the proposal would increase from $50 billion to $250 
billion the average total consolidated assets threshold at which the 
Guidelines apply to covered banks. This change would reduce the number 
of covered banks to which the Guidelines apply from 25 to 8, based on 
the most recent data available. It would provide necessary and 
appropriate burden relief to the affected banks while retaining the 
requirements for the largest, most complex institutions. Furthermore, 
the proposed increased threshold is consistent with section 401 of the 
Act's increase in the section 165 resolution planning threshold 
applicable to systemically important bank holding companies.
    Compliance Date. Under the current Guidelines, a bank with less 
than $50 billion in average total consolidated assets that subsequently 
becomes a covered bank is required to comply with the Guidelines within 
18 months. The OCC proposes to amend this provision so that a bank that 
has less than $250 billion in average total consolidated assets on the 
effective date of a final rule and subsequently becomes a covered bank 
should comply with the Guidelines within 12 months. Based upon 
supervisory experience, the OCC has observed that 12 months is a 
sufficient period of time for any bank that becomes a covered bank to 
comply with the Guidelines. Finally, the OCC proposes technical 
amendments to remove the compliance dates listed in the current 
Guidelines, as the dates have all passed.

Effective Date

    The proposed Guidelines would have an effective date of October 19, 
2018. The OCC requests comment on the proposed effective date.

Comment Invitation

    The OCC invites comment on all aspects of the proposed revisions to 
the Guidelines.

Regulatory Analysis

Regulatory Flexibility Act

    In general, the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et 
seq.) requires that in connection with a rulemaking, an agency prepare 
and make available for public comment a regulatory flexibility analysis 
that describes the impact of the rule on small entities. Under section 
605(b) of the RFA, this analysis is not required if an agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities and publishes its certification 
and a brief explanatory statement in the Federal Register along with 
its rule.
    As part of its analysis, the OCC considers whether the proposed 
rule will have a significant economic impact on a substantial number of 
small entities, pursuant to the RFA. The OCC currently supervises 
approximately 886 small entities. Because the proposed rule will 
generally have no impact on banks with less than $50 billion in total 
consolidated assets, no OCC-supervised small entities will be affected. 
Therefore, the proposed rule, if implemented, will not have a 
significant economic impact on a substantial number of small entities.

Paperwork Reduction Act of 1995

    This notice of proposed rulemaking includes changes to an approved 
collection of information pursuant to the provisions of the Paperwork 
Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.). In accordance 
with PRA, the OCC may not conduct or sponsor, and an organization is 
not required to respond to, an information collection unless the 
information collection displays a currently valid Office of Management 
and Budget (OMB) control number. The OCC submitted the information 
collections contained in the notice of proposed rulemaking to OMB for 
review and approval, pursuant to 44 U.S.C. 3506 and section 1320.11 of 
the OMB implementing regulations (5 CFR part 1320).
    The Guidelines found in 12 CFR part 30, appendix E, sections II.B., 
II.C., and III contain information collection requirements previously 
approved by OMB. Section II.B. specifies the elements of the recovery 
plan, including an overview of the covered bank; triggers; options for 
recovery; impact assessments; escalation procedures; management 
reports; and communication procedures. Section II.C. addresses the 
relationship of the plan to other covered bank processes and 
coordination with other plans, including the processes and plans of its 
bank holding company. Section III outlines management's and the board's 
responsibilities. The threshold triggering these requirements is being 
changed under this notice of proposed rulemaking, resulting in a 
reduction in the number of respondents under this collection.
    The following revised information collection was submitted to OMB 
for review.
    Title: OCC Guidelines Establishing Standards for Recovery Planning 
by Certain Large Insured National Banks, Insured Federal Savings 
Associations, and Insured Federal Branches.
    OMB Control No.: 1557-0333.
    Frequency of Response: On occasion.
    Affected Public: Businesses or other for-profit organizations.
    Burden Estimates:
    Total Number of Respondents: 8 National Banks.
    Total Burden per Respondent: 7,543 hours.
    Total Burden for Collection: 60,344 hours.
    Comments are invited on: (1) Whether the proposed collection of 
information is necessary for the proper performance of the OCC's 
functions, including whether the information has practical utility; (2) 
the accuracy of the OCC's estimate of the burden of the proposed 
information collection, including the cost of compliance; (3) ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and (4) ways to minimize the burden of information 
collection on respondents, including through the use of automated 
collection techniques or other forms of information technology.

[[Page 47315]]

Unfunded Mandates Reform Act of 1995

    The OCC analyzed the proposed rule under the factors set forth in 
the Unfunded Mandates Reform Act of 1995 (UMRA) (2 U.S.C. 1532). Under 
this analysis, the OCC considered whether the proposed rule includes a 
Federal mandate that may result in the expenditure by State, local, and 
Tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any one year (adjusted for inflation). The OCC has 
determined that the proposed rule does not impose new mandates. 
Therefore, we conclude that the proposed rule will not result in an 
expenditure of $100 million or more annually by state, local, and 
tribal governments, or by the private sector.

Plain Language

    Section 722 of the Gramm-Leach-Bliley Act requires the OCC to use 
plain language in all proposed and final rules published after January 
1, 2000. The OCC invites comment on how to make this proposed rule 
easier to understand.
    For example:
     Has the OCC organized the material to inform your needs? 
If not, how could the OCC present the proposed rule more clearly?
     Are the requirements in the proposed rule clearly stated? 
If not, how could the proposal be more clearly stated?
     Does the proposed regulation contain technical language or 
jargon that is not clear? If so, which language requires clarification?
     Would a different format (grouping and order of sections, 
use of headings, paragraphing) make the proposed regulation easier to 
understand? If so, what changes would achieve that?
     Is this section format adequate? If not, which of the 
sections should be changed and how?
     What other changes can the OCC incorporate to make the 
proposed regulation easier to understand?

List of Subjects in 12 CFR Part 30

    Banks, Banking, Consumer protection, National banks, Privacy, 
Safety and soundness, Reporting and recordkeeping requirements.

Office of the Comptroller of the Currency

12 CFR Chapter I

Authority and Issuance

    For the reasons set forth in the preamble, and under the authority 
of 12 U.S.C. 93a, chapter I of title 12 of the Code of Federal 
Regulations is proposed to be amended as follows:

PART 30--SAFETY AND SOUNDESS STANDARDS

0
1. The authority citation for Part 30 continues to read as follows:

    Authority: 12 U.S.C. 1, 93a, 371, 1462a, 1463, 1464, 1467a, 
1818, 1828, 1831p-1, 1881-1884, 3102(b) and 5412(b)(2)(B); 15 U.S.C. 
1681s, 1681w, 6801, and 6805(b)(1).

0
2. Appendix E to part 30 is amended by:
0
a. Removing the phrase ``$50 billion'' and adding in its place the 
phrase ``$250 billion'' everywhere that it appears;
0
b. Revising section I.B.1;
0
c. Removing section I.B.2 and I.B.3;
0
d. Redesignating the current section I.B.4 as I.B.2 and removing 
``January 1, 2017'' and adding in its place the words ``[EFFECTIVE 
DATE]'';
0
e. In newly designated section I.B.4, removing the phrase ``18 months'' 
and adding in its place the phrase ``12 months''.
    The revisions read as follows:

Appendix E to Part 30--OCC Guidelines Establishing Standards for 
Recovery Planning by Certain Large Insured National Banks, Insured 
Federal Savings Associations, and Insured Federal Branches

* * * * *

I. Introduction

* * * * *

B. Compliance Date

    1. A covered bank with average total consolidated assets, 
calculated according to paragraph I.E.1. of this appendix, equal to 
or greater than $250 billion as of [EFFECTIVE DATE] should be in 
compliance with this appendix on [EFFECTIVE DATE].
* * * * *

    Dated: September 11, 2018.
Joseph M. Otting,
Comptroller of the Currency.

[FR Doc. 2018-20166 Filed 9-18-18; 8:45 am]
 BILLING CODE 4810-33-P



                                                                  Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules                                                   47313

                                                DEPARTMENT OF THE TREASURY                                 • Email: regs.comments@                            Rima Kundnani, Attorney, Chief
                                                                                                        occ.treas.gov.                                        Counsel’s Office, (202) 649–5490; or, for
                                                Office of the Comptroller of the                           • Mail: Legislative and Regulatory                 persons who are deaf or hard of hearing,
                                                Currency                                                Activities Division, Office of the                    TTY, (202) 649–5597, 400 7th Street
                                                                                                        Comptroller of the Currency, 400 7th                  SW, Washington, DC 20219.
                                                12 CFR Part 30                                          Street SW, Suite 3E–218, Washington,                  SUPPLEMENTARY INFORMATION:
                                                [Docket ID OCC–2018–0028]                               DC 20219.
                                                                                                           • Hand Delivery/Courier: 400 7th                   I. Background
                                                RIN 1557–AE51                                           Street SW, Suite 3E–218, Washington,                     The 2008 financial crisis provided
                                                                                                        DC 20219.                                             valuable lessons about the need for
                                                OCC Guidelines Establishing                                • Fax: (571) 465–4326.                             financial institutions to have strong risk
                                                Standards for Recovery Planning by                         Instructions: You must include                     governance frameworks, including plans
                                                Certain Large Insured National Banks,                   ‘‘OCC’’ as the agency name and ‘‘Docket               for how to respond to and recover from
                                                Insured Federal Savings Associations,                   ID OCC–2018–0028’’ in your comment.                   the financial effects of severe stress.
                                                and Insured Federal Branches;                           In general, the OCC will enter all                    This was particularly true for larger,
                                                Technical Amendments                                    comments received into the docket and                 more complex banks in light of systemic
                                                AGENCY:  Office of the Comptroller of the               publish the comments on the                           risks and contagion effects that they
                                                Currency, Treasury.                                     Regulations.gov website without                       pose. In response to these lessons, on
                                                                                                        change, including any business or                     September 19, 2016, the OCC published
                                                ACTION: Notice of proposed rulemaking;
                                                                                                        personal information that you provide                 the Guidelines establishing minimum
                                                revised guidelines.
                                                                                                        such as name and address information,                 standards for recovery planning by
                                                SUMMARY:    The Office of the Comptroller               email addresses, or phone numbers.                    insured national banks, insured federal
                                                of the Currency (OCC) is proposing to                   Comments received, including                          savings associations, and insured
                                                amend its enforceable guidelines                        attachments and other supporting                      federal branches of foreign banks
                                                relating to recovery planning standards                 materials, are part of the public record              (banks) with average total consolidated
                                                for insured national banks, insured                     and subject to public disclosure. Do not              assets 1 equal to or greater than $50
                                                federal savings associations, and                       include any information in your                       billion (covered banks).2 The Guidelines
                                                insured federal branches (Guidelines) to                comment or supporting materials that                  state that a recovery plan should
                                                increase the average total consolidated                 you consider confidential or                          identify (1) quantitative or qualitative
                                                assets threshold for applying the                       inappropriate for public disclosure.                  indicators of the risk or existence of
                                                Guidelines from $50 billion to $250                        You may review comments and other                  severe stress that reflect a covered
                                                billion. In addition, the proposed                      related materials that pertain to this                bank’s particular vulnerabilities and (2)
                                                change to the Guidelines would                          rulemaking action by any of the                       a wide range of credible options that a
                                                decrease from 18 months to 12 months                    following methods:                                    covered bank could undertake in
                                                the time within which a bank should                        • Viewing Comments Electronically:                 response to the stress to restore its
                                                comply with the Guidelines after the                    Go to www.regulations.gov. Enter                      financial strength and viability.
                                                bank becomes subject to them. Finally,                  ‘‘Docket ID OCC–2018–0028’’ in the                       Under the Guidelines, a recovery plan
                                                the proposal would make technical                       Search box and click ‘‘Search.’’ Click on             should also address: (1) Procedures for
                                                amendments to remove outdated                           ‘‘Open Docket Folder’’ on the right side              escalating decision-making to senior
                                                compliance dates.                                       of the screen. Comments and supporting                management or the board of directors,
                                                                                                        materials can be viewed and filtered by               (2) management reports, and (3)
                                                DATES: Comments must be received by
                                                                                                        clicking on ‘‘View all documents and                  communication procedures. In addition,
                                                November 5, 2018.                                                                                             the Guidelines explain how a bank
                                                ADDRESSES: You may submit comments                      comments in this docket’’ and then
                                                                                                        using the filtering tools on the left side            should calculate its average total
                                                to the OCC by any of the methods set                                                                          consolidated assets and reserve the
                                                forth below. Commenters are                             of the screen.
                                                                                                           • Click on the ‘‘Help’’ tab on the                 OCC’s authority to apply the Guidelines
                                                encouraged to submit comments                                                                                 to a bank below the $50 billion
                                                through the Federal eRulemaking Portal                  Regulations.gov home page to get
                                                                                                        information on using Regulations.gov.                 threshold if the agency determines a
                                                or email, if possible. Please use the title                                                                   bank is highly complex or otherwise
                                                ‘‘OCC Guidelines Establishing                           The docket may be viewed after the
                                                                                                        close of the comment period in the same               presents a heightened risk. Finally, the
                                                Standards for Recovery Planning by                                                                            Guidelines set out phased-in
                                                Certain Large Insured National Banks,                   manner as during the comment period.
                                                                                                           • Viewing Comments Personally: You                 compliance dates based on bank size.
                                                Insured Federal Savings Associations,
                                                and Insured Federal Branches’’ to                       may personally inspect comments at the                II. Proposed Changes
                                                facilitate the organization and                         OCC, 400 7th Street SW, Washington,                      Threshold. The OCC noted in the
                                                distribution of the comments. You may                   DC 20219. For security reasons, the OCC               SUPPLEMENTARY INFORMATION section of
                                                submit comments by any of the                           requires that visitors make an                        the final Guidelines that large, complex
                                                following methods:                                      appointment to inspect comments. You                  institutions should undertake recovery
                                                   • Federal eRulemaking Portal—                        may do so by calling (202) 649–6700 or,
                                                ‘‘Regulations.gov’’: Go to                              for persons who are deaf or hearing                     1 Average total consolidated assets is defined in

                                                www.regulations.gov. Enter ‘‘Docket ID                  impaired, TTY, (202) 649–5597. Upon                   the Guidelines and means the average total
amozie on DSK3GDR082PROD with PROPOSALS1




                                                OCC–2018–0028’’ in the Search Box and                   arrival, visitors will be required to                 consolidated assets of the bank or covered bank as
                                                                                                        present valid government-issued photo                 reported on the bank’s or covered bank’s
                                                click ‘‘Search.’’ Click on ‘‘Comment                                                                          Consolidated Reports of Condition and Income for
                                                Now’’ to submit public comments.                        identification and submit to security                 the four most recent consecutive quarters. See 12
                                                   • Click on the ‘‘Help’’ tab on the                   screening in order to inspect comments.               CFR 30, Appendix E, paragraph I.E.1.
                                                                                                                                                                2 81 FR 66791 (Sep. 29, 2016). The Guidelines
                                                Regulations.gov home page to get                        FOR FURTHER INFORMATION CONTACT: Lori
                                                                                                                                                              were issued pursuant to section 39 of the Federal
                                                information on using Regulations.gov,                   Bittner, Large Bank Supervision—                      Deposit Insurance Act, 12 U.S.C. 1831p–1, which
                                                including instructions for submitting                   Resolution and Recovery, (202) 649–                   authorizes the OCC to prescribe enforceable safety
                                                public comments.                                        6210; Andra Shuster, Senior Counsel or                and soundness standards.



                                           VerDate Sep<11>2014   16:48 Sep 18, 2018   Jkt 244001   PO 00000   Frm 00004   Fmt 4702   Sfmt 4702   E:\FR\FM\19SEP1.SGM   19SEP1


                                                47314              Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules

                                                planning to be able to respond quickly                  billion in average total consolidated                 unless the information collection
                                                to and recover from the financial effects               assets on the effective date of a final rule          displays a currently valid Office of
                                                of severe stress on the institution. Based              and subsequently becomes a covered                    Management and Budget (OMB) control
                                                on its experience to date in reviewing                  bank should comply with the                           number. The OCC submitted the
                                                recovery plans, the OCC believes that it                Guidelines within 12 months. Based                    information collections contained in the
                                                is appropriate to raise the threshold for               upon supervisory experience, the OCC                  notice of proposed rulemaking to OMB
                                                the Guidelines to focus on those                        has observed that 12 months is a                      for review and approval, pursuant to 44
                                                institutions that present greater systemic              sufficient period of time for any bank                U.S.C. 3506 and section 1320.11 of the
                                                risk to the banking system. These larger,               that becomes a covered bank to comply                 OMB implementing regulations (5 CFR
                                                more complex, and potentially more                      with the Guidelines. Finally, the OCC                 part 1320).
                                                interconnected banks present the types                  proposes technical amendments to                         The Guidelines found in 12 CFR part
                                                of risks that could benefit most from                   remove the compliance dates listed in                 30, appendix E, sections II.B., II.C., and
                                                having the types of governance and                      the current Guidelines, as the dates have             III contain information collection
                                                planning processes that identify and                    all passed.                                           requirements previously approved by
                                                assist in responding to significant stress                                                                    OMB. Section II.B. specifies the
                                                                                                        Effective Date
                                                events.                                                                                                       elements of the recovery plan, including
                                                   In addition, at the time the Guidelines                The proposed Guidelines would have                  an overview of the covered bank;
                                                were published, the $50 billion recovery                an effective date of October 19, 2018.                triggers; options for recovery; impact
                                                planning threshold was consistent with                  The OCC requests comment on the                       assessments; escalation procedures;
                                                the scope of Federal Deposit Insurance                  proposed effective date.                              management reports; and
                                                Corporation and Board of Governors of                   Comment Invitation                                    communication procedures. Section
                                                the Federal Reserve System regulations 3                                                                      II.C. addresses the relationship of the
                                                that require systemically important                       The OCC invites comment on all
                                                                                                        aspects of the proposed revisions to the              plan to other covered bank processes
                                                financial institutions to prepare                                                                             and coordination with other plans,
                                                resolution plans under section 165 of                   Guidelines.
                                                                                                                                                              including the processes and plans of its
                                                the Dodd-Frank Wall Street Reform and                   Regulatory Analysis                                   bank holding company. Section III
                                                Consumer Protection Act.4 On May 24,                                                                          outlines management’s and the board’s
                                                2018, the Economic Growth, Regulatory                   Regulatory Flexibility Act
                                                                                                                                                              responsibilities. The threshold
                                                Relief, and Consumer Protection Act                        In general, the Regulatory Flexibility             triggering these requirements is being
                                                (Act) was enacted to promote economic                   Act (RFA) (5 U.S.C. 601 et seq.) requires             changed under this notice of proposed
                                                growth, provide tailored economic                       that in connection with a rulemaking,                 rulemaking, resulting in a reduction in
                                                relief, and enhance consumer                            an agency prepare and make available                  the number of respondents under this
                                                protections.5 Section 401 of the Act                    for public comment a regulatory                       collection.
                                                raises from $50 billion to $250 billion                 flexibility analysis that describes the                  The following revised information
                                                the section 165 resolution planning                     impact of the rule on small entities.                 collection was submitted to OMB for
                                                threshold.                                              Under section 605(b) of the RFA, this                 review.
                                                   Accordingly, the proposal would                      analysis is not required if an agency
                                                increase from $50 billion to $250 billion                                                                        Title: OCC Guidelines Establishing
                                                                                                        certifies that the rule will not have a               Standards for Recovery Planning by
                                                the average total consolidated assets                   significant economic impact on a
                                                threshold at which the Guidelines apply                                                                       Certain Large Insured National Banks,
                                                                                                        substantial number of small entities and
                                                to covered banks. This change would                                                                           Insured Federal Savings Associations,
                                                                                                        publishes its certification and a brief
                                                reduce the number of covered banks to                                                                         and Insured Federal Branches.
                                                                                                        explanatory statement in the Federal
                                                which the Guidelines apply from 25 to                                                                            OMB Control No.: 1557–0333.
                                                                                                        Register along with its rule.
                                                8, based on the most recent data                           As part of its analysis, the OCC                      Frequency of Response: On occasion.
                                                available. It would provide necessary                   considers whether the proposed rule                      Affected Public: Businesses or other
                                                and appropriate burden relief to the                    will have a significant economic impact               for-profit organizations.
                                                affected banks while retaining the                      on a substantial number of small                         Burden Estimates:
                                                requirements for the largest, most                      entities, pursuant to the RFA. The OCC                   Total Number of Respondents: 8
                                                complex institutions. Furthermore, the                  currently supervises approximately 886                National Banks.
                                                proposed increased threshold is                         small entities. Because the proposed                     Total Burden per Respondent: 7,543
                                                consistent with section 401 of the Act’s                rule will generally have no impact on                 hours.
                                                increase in the section 165 resolution                  banks with less than $50 billion in total                Total Burden for Collection: 60,344
                                                planning threshold applicable to                        consolidated assets, no OCC-supervised                hours.
                                                systemically important bank holding                     small entities will be affected.                         Comments are invited on: (1) Whether
                                                companies.                                              Therefore, the proposed rule, if                      the proposed collection of information
                                                   Compliance Date. Under the current                   implemented, will not have a significant              is necessary for the proper performance
                                                Guidelines, a bank with less than $50                   economic impact on a substantial                      of the OCC’s functions, including
                                                billion in average total consolidated                   number of small entities.                             whether the information has practical
                                                assets that subsequently becomes a                                                                            utility; (2) the accuracy of the OCC’s
                                                covered bank is required to comply with                 Paperwork Reduction Act of 1995                       estimate of the burden of the proposed
                                                the Guidelines within 18 months. The                      This notice of proposed rulemaking                  information collection, including the
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                                                OCC proposes to amend this provision                    includes changes to an approved                       cost of compliance; (3) ways to enhance
                                                so that a bank that has less than $250                  collection of information pursuant to                 the quality, utility, and clarity of the
                                                                                                        the provisions of the Paperwork                       information to be collected; and (4)
                                                  3 See 12 CFR 381.2(f) and 243.2(f), respectively.
                                                                                                        Reduction Act of 1995 (PRA) (44 U.S.C.                ways to minimize the burden of
                                                See also 12 CFR 360.10.                                 3501 et seq.). In accordance with PRA,                information collection on respondents,
                                                  4 Public Law 111–203, 124 Stat. 1376 (July 21,

                                                2010).                                                  the OCC may not conduct or sponsor,                   including through the use of automated
                                                  5 Public Law 115–174, 132 Stat. 1296 (May 24,         and an organization is not required to                collection techniques or other forms of
                                                2018).                                                  respond to, an information collection                 information technology.


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                                                                  Federal Register / Vol. 83, No. 182 / Wednesday, September 19, 2018 / Proposed Rules                                        47315

                                                Unfunded Mandates Reform Act of 1995                    PART 30—SAFETY AND SOUNDESS                           SUMMARY:   We propose to adopt a new
                                                  The OCC analyzed the proposed rule                    STANDARDS                                             airworthiness directive (AD) for certain
                                                under the factors set forth in the                                                                            Bombardier, Inc., Model BD–500–1A10
                                                                                                        ■ 1. The authority citation for Part 30               and BD–500–1A11 airplanes. This
                                                Unfunded Mandates Reform Act of 1995                    continues to read as follows:
                                                (UMRA) (2 U.S.C. 1532). Under this                                                                            proposed AD was prompted by reports
                                                analysis, the OCC considered whether                      Authority: 12 U.S.C. 1, 93a, 371, 1462a,            of dislodged cargo compartment blow-
                                                the proposed rule includes a Federal                    1463, 1464, 1467a, 1818, 1828, 1831p–1,               out panels. This proposed AD would
                                                mandate that may result in the
                                                                                                        1881–1884, 3102(b) and 5412(b)(2)(B); 15              require repetitive inspections for any
                                                                                                        U.S.C. 1681s, 1681w, 6801, and 6805(b)(1).            dislodged blow-out panel in the forward
                                                expenditure by State, local, and Tribal
                                                governments, in the aggregate, or by the                ■  2. Appendix E to part 30 is amended                and aft cargo compartments, reporting of
                                                private sector, of $100 million or more                 by:                                                   the inspection findings, and re-
                                                in any one year (adjusted for inflation).               ■ a. Removing the phrase ‘‘$50 billion’’              installation if necessary. We are
                                                The OCC has determined that the                         and adding in its place the phrase ‘‘$250             proposing this AD to address the unsafe
                                                proposed rule does not impose new                       billion’’ everywhere that it appears;                 condition on these products.
                                                mandates. Therefore, we conclude that                   ■ b. Revising section I.B.1;                          DATES: We must receive comments on
                                                the proposed rule will not result in an                 ■ c. Removing section I.B.2 and I.B.3;                this proposed AD by November 5, 2018.
                                                                                                        ■ d. Redesignating the current section                ADDRESSES: You may send comments,
                                                expenditure of $100 million or more
                                                annually by state, local, and tribal                    I.B.4 as I.B.2 and removing ‘‘January 1,              using the procedures found in 14 CFR
                                                governments, or by the private sector.                  2017’’ and adding in its place the words              11.43 and 11.45, by any of the following
                                                                                                        ‘‘[EFFECTIVE DATE]’’;                                 methods:
                                                Plain Language                                          ■ e. In newly designated section I.B.4,                 • Federal eRulemaking Portal: Go to
                                                   Section 722 of the Gramm-Leach-                      removing the phrase ‘‘18 months’’ and                 http://www.regulations.gov. Follow the
                                                Bliley Act requires the OCC to use plain                adding in its place the phrase ‘‘12                   instructions for submitting comments.
                                                language in all proposed and final rules                months’’.                                               • Fax: 202–493–2251.
                                                published after January 1, 2000. The                       The revisions read as follows:                       • Mail: U.S. Department of
                                                OCC invites comment on how to make                      Appendix E to Part 30—OCC                             Transportation, Docket Operations, M–
                                                this proposed rule easier to understand.                Guidelines Establishing Standards for                 30, West Building Ground Floor, Room
                                                   For example:                                         Recovery Planning by Certain Large                    W12–140, 1200 New Jersey Avenue SE,
                                                   • Has the OCC organized the material                 Insured National Banks, Insured                       Washington, DC 20590.
                                                to inform your needs? If not, how could                 Federal Savings Associations, and                       • Hand Delivery: Deliver to Mail
                                                the OCC present the proposed rule more                  Insured Federal Branches                              address above between 9 a.m. and 5
                                                clearly?                                                                                                      p.m., Monday through Friday, except
                                                                                                        *      *      *      *       *                        Federal holidays.
                                                   • Are the requirements in the
                                                proposed rule clearly stated? If not, how               I. Introduction                                         For service information identified in
                                                could the proposal be more clearly                      *      *      *      *       *                        this NPRM, contact Bombardier, Inc.,
                                                stated?                                                                                                       400 Côte-Vertu Road West, Dorval,
                                                                                                        B. Compliance Date                                    Québec H4S 1Y9, Canada; telephone
                                                   • Does the proposed regulation
                                                contain technical language or jargon that                 1. A covered bank with average total                514–855–5000; fax 514–855–7401; email
                                                                                                        consolidated assets, calculated according to          thd.crj@aero.bombardier.com; internet
                                                is not clear? If so, which language                     paragraph I.E.1. of this appendix, equal to or
                                                requires clarification?                                                                                       http://www.bombardier.com. You may
                                                                                                        greater than $250 billion as of [EFFECTIVE            view this service information at the
                                                   • Would a different format (grouping                 DATE] should be in compliance with this
                                                and order of sections, use of headings,                 appendix on [EFFECTIVE DATE].
                                                                                                                                                              FAA, Transport Standards Branch, 2200
                                                paragraphing) make the proposed                                                                               South 216th St., Des Moines, WA. For
                                                                                                        *      *      *      *       *                        information on the availability of this
                                                regulation easier to understand? If so,                   Dated: September 11, 2018.
                                                what changes would achieve that?                                                                              material at the FAA, call 206–231–3195.
                                                                                                        Joseph M. Otting,
                                                   • Is this section format adequate? If                                                                      Examining the AD Docket
                                                                                                        Comptroller of the Currency.
                                                not, which of the sections should be
                                                                                                        [FR Doc. 2018–20166 Filed 9–18–18; 8:45 am]
                                                                                                                                                                 You may examine the AD docket on
                                                changed and how?
                                                                                                                                                              the internet at http://
                                                   • What other changes can the OCC                     BILLING CODE 4810–33–P
                                                                                                                                                              www.regulations.gov by searching for
                                                incorporate to make the proposed
                                                                                                                                                              and locating Docket No. FAA–2018–
                                                regulation easier to understand?
                                                                                                                                                              0799; or in person at Docket Operations
                                                                                                        DEPARTMENT OF TRANSPORTATION
                                                List of Subjects in 12 CFR Part 30                                                                            between 9 a.m. and 5 p.m., Monday
                                                  Banks, Banking, Consumer protection,                  Federal Aviation Administration                       through Friday, except Federal holidays.
                                                National banks, Privacy, Safety and                                                                           The AD docket contains this NPRM, the
                                                soundness, Reporting and                                14 CFR Part 39                                        regulatory evaluation, any comments
                                                recordkeeping requirements.                                                                                   received, and other information. The
                                                                                                        [Docket No. FAA–2018–0799; Product                    street address for Docket Operations
                                                Office of the Comptroller of the                        Identifier 2018–NM–117–AD]                            (phone: 800–647–5527) is in the
                                                Currency                                                RIN 2120–AA64                                         ADDRESSES section. Comments will be
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                                                12 CFR Chapter I                                                                                              available in the AD docket shortly after
                                                                                                        Airworthiness Directives; Bombardier,                 receipt.
                                                Authority and Issuance                                  Inc., Airplanes                                       FOR FURTHER INFORMATION CONTACT:
                                                  For the reasons set forth in the                      AGENCY: Federal Aviation                              Darren Gassetto, Aerospace Engineer,
                                                preamble, and under the authority of 12                 Administration (FAA), DOT.                            Mechanical Systems and Admin
                                                U.S.C. 93a, chapter I of title 12 of the                                                                      Services Section, FAA, New York ACO
                                                                                                        ACTION: Notice of proposed rulemaking
                                                Code of Federal Regulations is proposed                                                                       Branch, 1600 Stewart Avenue, Suite
                                                                                                        (NPRM).
                                                to be amended as follows:                                                                                     410, Westbury, NY 11590; telephone


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Document Created: 2018-09-19 02:56:06
Document Modified: 2018-09-19 02:56:06
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 proposed rulemaking; revised guidelines.
DatesComments must be received by November 5, 2018.
ContactLori Bittner, Large Bank Supervision-- Resolution and Recovery, (202) 649-6210; Andra Shuster, Senior Counsel or Rima Kundnani, Attorney, Chief Counsel's Office, (202) 649-5490; or, for persons who are deaf or hard of hearing, TTY, (202) 649-5597, 400 7th Street SW, Washington, DC 20219.
FR Citation83 FR 47313 
RIN Number1557-AE51
CFR AssociatedBanks; Banking; Consumer Protection; National Banks; Privacy; Safety and Soundness and Reporting and Recordkeeping Requirements

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