83_FR_48588 83 FR 48402 - Registration of Mortgage Loan Originators

83 FR 48402 - Registration of Mortgage Loan Originators

FEDERAL RESERVE SYSTEM

Federal Register Volume 83, Issue 186 (September 25, 2018)

Page Range48402-48403
FR Document2018-20832

The Board of Governors of the Federal Reserve System (Board) is proposing to repeal its regulations that incorporated the Secure and Fair Enforcement for Mortgage Licensing Act (the S.A.F.E. Act). Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd- Frank Act) transferred rulemaking authority for a number of consumer financial protection laws, including the S.A.F.E. Act, from the Board to the Bureau of Consumer Financial Protection (Bureau). In December 2011, the Bureau published an interim final rule, incorporating the S.A.F.E. Act into its Regulations G and H. In April 2016, the Bureau finalized the interim final rule. Accordingly, the Board is proposing to repeal its S.A.F.E. Act regulations.

Federal Register, Volume 83 Issue 186 (Tuesday, September 25, 2018)
[Federal Register Volume 83, Number 186 (Tuesday, September 25, 2018)]
[Proposed Rules]
[Pages 48402-48403]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20832]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / 
Proposed Rules

[[Page 48402]]



FEDERAL RESERVE SYSTEM

12 CFR Parts 208 and 211

[Docket No. R-1622 and RIN 7100 AF-16]


Registration of Mortgage Loan Originators

AGENCY: Board of Governors of the Federal Reserve System.

ACTION: Notice of proposed rulemaking; request for public comment.

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

SUMMARY: The Board of Governors of the Federal Reserve System (Board) 
is proposing to repeal its regulations that incorporated the Secure and 
Fair Enforcement for Mortgage Licensing Act (the S.A.F.E. Act). Title X 
of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-
Frank Act) transferred rulemaking authority for a number of consumer 
financial protection laws, including the S.A.F.E. Act, from the Board 
to the Bureau of Consumer Financial Protection (Bureau). In December 
2011, the Bureau published an interim final rule, incorporating the 
S.A.F.E. Act into its Regulations G and H. In April 2016, the Bureau 
finalized the interim final rule. Accordingly, the Board is proposing 
to repeal its S.A.F.E. Act regulations.

DATES: Comments must be received on or before November 26, 2018.

ADDRESSES: You may submit comments, identified by Docket No. 1622 and 
RIN 7100 AF-16, by any of the following methods:
     Agency Website: http://www.federalreserve.gov. Follow the 
instructions for submitting comments at http://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm.
     Email: [email protected]. Include the 
docket number in the subject line of the message.
     FAX: (202) 452-3819 or (202) 452-3102.
     Mail: Ann E. Misback, Secretary, Board of Governors of the 
Federal Reserve System, 20th Street and Constitution Avenue NW, 
Washington, DC 20551.

All public comments will be made available on the Board's website at 
http://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm as 
submitted, unless modified for technical reasons or to remove 
personally identifiable information at the commenter's request. 
Accordingly, comments will not be edited to remove any identifying or 
contact information. Public comments may also be viewed electronically 
or in paper in Room 3515, 1801 K Street NW (between 18th and 19th 
Streets NW), between 9:00 a.m. and 5:00 p.m. on weekdays.

FOR FURTHER INFORMATION CONTACT: Clinton Chen, Senior Attorney, (202) 
452-3952, Justyna Bolter, Attorney, (202) 452-2686, Legal Division, 
Board of Governors of the Federal Reserve System, 20th and C Streets 
NW, Washington, DC 20551. For users of Telecommunications Device for 
the Deaf (TDD) only, contact (202) 263-4869.

SUPPLEMENTARY INFORMATION: 

I. Background and Discussion

    The Secure and Fair Enforcement for Mortgage Licensing Act of 2008 
(S.A.F.E. Act) \1\ mandates a nationwide licensing and registration 
system for residential mortgage loan originators. The S.A.F.E. Act 
requires residential mortgage loan originators employed by depository 
institutions, subsidiaries that are owned and controlled by a 
depository institution and regulated by a federal banking agency, and 
institutions regulated by the Farm Credit Administration (FCA) to 
register with the Nationwide Mortgage Licensing System and Registry, 
obtain a unique identifier, and maintain such registration. Originally, 
the federal registration requirements of the S.A.F.E. Act were 
implemented through a coordinated rulemaking of the federal banking 
agencies and the FCA, the agencies with authority over the federal 
registration requirements under the S.A.F.E. Act (the ``federal 
registry agencies'').\2\ The Board incorporated the S.A.F.E. Act in its 
Regulation H, 12 CFR part 208, subpart I, and Regulation K, 12 CFR 
211.24(k).
---------------------------------------------------------------------------

    \1\ 12 U.S.C. 5101 et seq.
    \2\ 75 FR 44656 (July 28, 2010). The rules were promulgated by 
the Board; the Office of the Comptroller of the Currency (OCC); the 
Federal Deposit Insurance Corporation (FDIC); the Office of Thrift 
Supervision, Treasury (OTS); the FCA; and the National Credit Union 
Administration (NCUA).
---------------------------------------------------------------------------

    Title X of the Dodd-Frank Wall Street Reform and Consumer 
Protection Act (Dodd-Frank Act) \3\ amended a number of consumer 
financial protection laws, including the S.A.F.E. Act. The Dodd-Frank 
Act transferred rulemaking authority for the S.A.F.E. Act from the 
federal registry agencies to the Bureau of Consumer Financial 
Protection (Bureau), effective July 21, 2011.\4\ In connection with the 
transfer of rulemaking authority for the S.A.F.E. Act to the Bureau, 
the Bureau published an interim final rule to incorporate the S.A.F.E. 
Act into its own Regulations G and H, 12 CFR parts 1007 and 1008 
(Bureau Interim Final Rule).\5\ In April 2016, the Bureau finalized the 
Bureau Interim Final Rule as part of a larger initiative of finalizing 
interim final rules.\6\ The Bureau's regulations that incorporate the 
S.A.F.E. Act substantially duplicate the federal registry agencies' 
coordinated rules and cover the entities that were previously subject 
to the other agencies' rules. Consequently, the Board is publishing 
this proposal to repeal its regulations that originally incorporated 
the S.A.F.E. Act.
---------------------------------------------------------------------------

    \3\ Public Law 111-203, 124 Stat. 1376 (2010).
    \4\ See Public Law 111-203, sections 1061 & 1100. The Dodd-Frank 
Act generally excludes from this transfer of authority, subject to 
certain exceptions, any rulemaking authority over a motor vehicle 
dealer that is predominantly engaged in the sale and servicing of 
motor vehicles, the leasing and servicing of motor vehicles, or 
both. Public Law 111-203, section 1029. The rulemaking authority 
retained by the Board under Section 1029 of the Dodd-Frank Act does 
not extend to residential mortgages. Thus, all rulemaking authority 
under the S.A.F.E. Act, which pertains only to mortgage loan 
originator registrations, was transferred to the Bureau.
    \5\ 76 FR 78483 (Dec. 19, 2011).
    \6\ 81 FR 25323 (April 28, 2016).
---------------------------------------------------------------------------

II. Initial Regulatory Flexibility Analysis

    The Regulatory Flexibility Act (the ``RFA'') (5 U.S.C. 601 et seq.) 
requires agencies either to provide an initial regulatory flexibility 
analysis with a proposed rule or to certify that the proposed rule will 
not have a significant economic impact on a substantial number of small 
entities. In accordance with section 3(a) of the RFA, the Board has 
reviewed the proposed regulation. This Initial Regulatory Flexibility 
Analysis has been prepared in accordance with 5 U.S.C. 603 in order

[[Page 48403]]

for the Board to solicit comment on the effect of the proposal on small 
entities. The Board will, if necessary, conduct a final regulatory 
flexibility analysis after consideration of comments received during 
the public comment period.
    1. Statement of the need for, and objectives of, the proposed rule. 
Title X of the Dodd-Frank Act transferred rulemaking authority for the 
S.A.F.E. Act and other enumerated consumer financial protection laws 
from the Board to the Bureau, effective July 21, 2011. In December 
2011, the Bureau issued an Interim Final Rule to incorporate the 
S.A.F.E. Act pursuant to the transfer of rulemaking authority. Although 
the Board retains authority to issue some consumer financial protection 
rules, all rulemaking authority under the S.A.F.E. Act concerning 
mortgage loan originator registration was transferred to the Bureau. 
Consequently, the Board is proposing to repeal its regulations that 
incorporated the S.A.F.E. Act.
    2. Small entities affected by the proposed rule. Any entity that is 
currently covered by the S.A.F.E. Act is subject to the rules issued by 
the Bureau, located in 12 CFR part 1007 and 1008. Therefore the Board's 
repeal of its regulations that incorporated the S.A.F.E. Act would not 
affect any entity, including small entities.
    3. Recordkeeping, reporting, and compliance requirements. The 
proposed rule would repeal parts of the Board's regulations that 
incorporated the S.A.F.E. Act, and would therefore not impose any 
recordkeeping, reporting, or compliance requirements on any entities.
    4. Other Federal Rules. The Board has not identified any federal 
rules that duplicate, overlap, or conflict with the proposed repeal of 
the Board's regulations that incorporated the S.A.F.E. Act.
    5. Significant alternatives to the proposed revisions. The Board is 
not aware of any significant alternatives that would further minimize 
the impact on small entities of the proposed repeal, but solicits 
comment on this approach.

III. Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act (PRA) of 1995 (44 
U.S.C. 3506; 5 CFR 1320 Appendix A.1), the Board reviewed the rule 
under the authority delegated to the Federal Reserve by the Office of 
Management and Budget (OMB). The proposed rule contains no collections 
of information under the PRA. See 44 U.S.C. 3502(3). Accordingly, there 
is no paperwork burden associated with the proposed rule.

List of Subjects

12 CFR Part 208

    Accounting, Agriculture, Banks, Banking, Confidential business 
information, Consumer protection, Crime, Currency, Insurance, 
Investments, Mortgages, Reporting and recordkeeping requirements, 
Securities.

12 CFR Part 211

    Exports, Foreign banking, Holding companies, Investments, Reporting 
and recordkeeping requirements.

Authority and Issuance

    For the reasons set forth in the preamble, the Board proposes to 
amend chapter II of title 12 of the Code of Federal Regulations as 
follows:

PART 208--MEMBERSHIP OF STATE BANKING INSTITUTIONS IN THE FEDERAL 
RESERVE SYSTEM (REGULATION H)

0
1. The authority citation for part 208 continues to read as follows:

    Authority: 12 U.S.C. 24, 36, 92a, 93a, 248(a), 248(c), 321-338a, 
371d, 461, 481-486, 601, 611, 1814, 1816, 1818, 1820(d)(9), 1833(j), 
1828(o), 1831, 1831o, 1831p-1, 1831r-1, 1831w, 1831x, 1835a, 1882, 
2901-2907, 3105, 3310, 3331-3351, 3905-3909, and 5371; 15 U.S.C. 
78b, 78I(b), 78l(i), 780-4(c)(5), 78q, 78q-1, and 78w, 1681s, 1681w, 
6801, and 6805; 31 U.S.C. 5318; 42 U.S.C. 4012a, 4104a, 4104b, 4106 
and 4128.

Subpart I--[Removed and Reserved]

0
2. Remove and reserve subpart I, consisting of Sec. Sec.  208.101 
through 208.105 and Appendix A.

PART 211--INTERNATIONAL BANKING OPERATIONS (REGULATION K)

0
3. The authority citation for part 211 continues to read as follows:

    Authority: 12 U.S.C. 221 et seq., 1818, 1835a, 1841 et seq., 
3101 et seq., 3901 et seq., and 5101 et seq.; 15 U.S.C. 1681s, 
1681w, 6801 and 6805.

0
4. In Sec.  211.24, remove paragraph (k).

    By order of the Board of Governors of the Federal Reserve 
System, September 20, 2018.
Ann Misback,
Secretary of the Board.
[FR Doc. 2018-20832 Filed 9-24-18; 8:45 am]
 BILLING CODE 6210-01-P



                                                 48402

                                                 Proposed Rules                                                                                                Federal Register
                                                                                                                                                               Vol. 83, No. 186

                                                                                                                                                               Tuesday, September 25, 2018



                                                 This section of the FEDERAL REGISTER                    Constitution Avenue NW, Washington,                   part 208, subpart I, and Regulation K, 12
                                                 contains notices to the public of the proposed          DC 20551.                                             CFR 211.24(k).
                                                 issuance of rules and regulations. The                  All public comments will be made                        Title X of the Dodd-Frank Wall Street
                                                 purpose of these notices is to give interested                                                                Reform and Consumer Protection Act
                                                                                                         available on the Board’s website at
                                                 persons an opportunity to participate in the                                                                  (Dodd-Frank Act) 3 amended a number
                                                 rule making prior to the adoption of the final          http://www.federalreserve.gov/
                                                                                                         generalinfo/foia/ProposedRegs.cfm as                  of consumer financial protection laws,
                                                 rules.
                                                                                                         submitted, unless modified for technical              including the S.A.F.E. Act. The Dodd-
                                                                                                         reasons or to remove personally                       Frank Act transferred rulemaking
                                                 FEDERAL RESERVE SYSTEM                                  identifiable information at the                       authority for the S.A.F.E. Act from the
                                                                                                         commenter’s request. Accordingly,                     federal registry agencies to the Bureau of
                                                 12 CFR Parts 208 and 211                                comments will not be edited to remove                 Consumer Financial Protection
                                                                                                         any identifying or contact information.               (Bureau), effective July 21, 2011.4 In
                                                 [Docket No. R–1622 and RIN 7100 AF–16]                  Public comments may also be viewed                    connection with the transfer of
                                                                                                         electronically or in paper in Room 3515,              rulemaking authority for the S.A.F.E.
                                                 Registration of Mortgage Loan                           1801 K Street NW (between 18th and                    Act to the Bureau, the Bureau published
                                                 Originators                                             19th Streets NW), between 9:00 a.m. and               an interim final rule to incorporate the
                                                                                                         5:00 p.m. on weekdays.                                S.A.F.E. Act into its own Regulations G
                                                 AGENCY:  Board of Governors of the                                                                            and H, 12 CFR parts 1007 and 1008
                                                                                                         FOR FURTHER INFORMATION CONTACT:
                                                 Federal Reserve System.                                                                                       (Bureau Interim Final Rule).5 In April
                                                                                                         Clinton Chen, Senior Attorney, (202)
                                                 ACTION: Notice of proposed rulemaking;                                                                        2016, the Bureau finalized the Bureau
                                                                                                         452–3952, Justyna Bolter, Attorney,
                                                 request for public comment.                                                                                   Interim Final Rule as part of a larger
                                                                                                         (202) 452–2686, Legal Division, Board of
                                                                                                                                                               initiative of finalizing interim final
                                                 SUMMARY:   The Board of Governors of the                Governors of the Federal Reserve
                                                                                                                                                               rules.6 The Bureau’s regulations that
                                                 Federal Reserve System (Board) is                       System, 20th and C Streets NW,
                                                                                                                                                               incorporate the S.A.F.E. Act
                                                 proposing to repeal its regulations that                Washington, DC 20551. For users of
                                                                                                                                                               substantially duplicate the federal
                                                 incorporated the Secure and Fair                        Telecommunications Device for the Deaf
                                                                                                                                                               registry agencies’ coordinated rules and
                                                 Enforcement for Mortgage Licensing Act                  (TDD) only, contact (202) 263–4869.                   cover the entities that were previously
                                                 (the S.A.F.E. Act). Title X of the Dodd-                SUPPLEMENTARY INFORMATION:                            subject to the other agencies’ rules.
                                                 Frank Wall Street Reform and Consumer                   I. Background and Discussion                          Consequently, the Board is publishing
                                                 Protection Act (Dodd-Frank Act)                                                                               this proposal to repeal its regulations
                                                 transferred rulemaking authority for a                     The Secure and Fair Enforcement for
                                                                                                                                                               that originally incorporated the S.A.F.E.
                                                 number of consumer financial                            Mortgage Licensing Act of 2008
                                                                                                                                                               Act.
                                                 protection laws, including the S.A.F.E.                 (S.A.F.E. Act) 1 mandates a nationwide
                                                                                                         licensing and registration system for                 II. Initial Regulatory Flexibility
                                                 Act, from the Board to the Bureau of
                                                                                                         residential mortgage loan originators.                Analysis
                                                 Consumer Financial Protection
                                                 (Bureau). In December 2011, the Bureau                  The S.A.F.E. Act requires residential                    The Regulatory Flexibility Act (the
                                                 published an interim final rule,                        mortgage loan originators employed by                 ‘‘RFA’’) (5 U.S.C. 601 et seq.) requires
                                                 incorporating the S.A.F.E. Act into its                 depository institutions, subsidiaries that            agencies either to provide an initial
                                                 Regulations G and H. In April 2016, the                 are owned and controlled by a                         regulatory flexibility analysis with a
                                                 Bureau finalized the interim final rule.                depository institution and regulated by               proposed rule or to certify that the
                                                 Accordingly, the Board is proposing to                  a federal banking agency, and                         proposed rule will not have a significant
                                                 repeal its S.A.F.E. Act regulations.                    institutions regulated by the Farm                    economic impact on a substantial
                                                                                                         Credit Administration (FCA) to register               number of small entities. In accordance
                                                 DATES: Comments must be received on                     with the Nationwide Mortgage                          with section 3(a) of the RFA, the Board
                                                 or before November 26, 2018.                            Licensing System and Registry, obtain a               has reviewed the proposed regulation.
                                                 ADDRESSES: You may submit comments,                     unique identifier, and maintain such                  This Initial Regulatory Flexibility
                                                 identified by Docket No. 1622 and RIN                   registration. Originally, the federal                 Analysis has been prepared in
                                                 7100 AF–16, by any of the following                     registration requirements of the S.A.F.E.             accordance with 5 U.S.C. 603 in order
                                                 methods:                                                Act were implemented through a
                                                    • Agency Website: http://                            coordinated rulemaking of the federal                   3 Public  Law 111–203, 124 Stat. 1376 (2010).
                                                 www.federalreserve.gov. Follow the                      banking agencies and the FCA, the                       4 See  Public Law 111–203, sections 1061 & 1100.
                                                 instructions for submitting comments at                 agencies with authority over the federal              The Dodd-Frank Act generally excludes from this
                                                 http://www.federalreserve.gov/                                                                                transfer of authority, subject to certain exceptions,
                                                                                                         registration requirements under the                   any rulemaking authority over a motor vehicle
                                                 generalinfo/foia/ProposedRegs.cfm.                      S.A.F.E. Act (the ‘‘federal registry                  dealer that is predominantly engaged in the sale
                                                    • Email: regs.comments@                              agencies’’).2 The Board incorporated the              and servicing of motor vehicles, the leasing and
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 federalreserve.gov. Include the docket                                                                        servicing of motor vehicles, or both. Public Law
                                                                                                         S.A.F.E. Act in its Regulation H, 12 CFR              111–203, section 1029. The rulemaking authority
                                                 number in the subject line of the                                                                             retained by the Board under Section 1029 of the
                                                 message.                                                  1 12 U.S.C. 5101 et seq.                            Dodd-Frank Act does not extend to residential
                                                    • FAX: (202) 452–3819 or (202) 452–                    2 75 FR 44656 (July 28, 2010). The rules were       mortgages. Thus, all rulemaking authority under the
                                                 3102.                                                   promulgated by the Board; the Office of the           S.A.F.E. Act, which pertains only to mortgage loan
                                                                                                         Comptroller of the Currency (OCC); the Federal        originator registrations, was transferred to the
                                                    • Mail: Ann E. Misback, Secretary,                   Deposit Insurance Corporation (FDIC); the Office of   Bureau.
                                                 Board of Governors of the Federal                       Thrift Supervision, Treasury (OTS); the FCA; and         5 76 FR 78483 (Dec. 19, 2011).

                                                 Reserve System, 20th Street and                         the National Credit Union Administration (NCUA).         6 81 FR 25323 (April 28, 2016).




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                                                                     Federal Register / Vol. 83, No. 186 / Tuesday, September 25, 2018 / Proposed Rules                                            48403

                                                 for the Board to solicit comment on the                 List of Subjects                                      DEPARTMENT OF HEALTH AND
                                                 effect of the proposal on small entities.                                                                     HUMAN SERVICES
                                                 The Board will, if necessary, conduct a                 12 CFR Part 208
                                                 final regulatory flexibility analysis after               Accounting, Agriculture, Banks,                     Food and Drug Administration
                                                 consideration of comments received                      Banking, Confidential business
                                                 during the public comment period.                                                                             21 CFR Part 886
                                                                                                         information, Consumer protection,
                                                    1. Statement of the need for, and                    Crime, Currency, Insurance,                           [Docket No. FDA–2018–N–3074]
                                                 objectives of, the proposed rule. Title X               Investments, Mortgages, Reporting and
                                                 of the Dodd-Frank Act transferred                       recordkeeping requirements, Securities.               Ophthalmic Devices; Reclassification
                                                 rulemaking authority for the S.A.F.E.                                                                         of Ultrasound Cyclodestructive Device
                                                 Act and other enumerated consumer                       12 CFR Part 211
                                                 financial protection laws from the Board                                                                      AGENCY:    Food and Drug Administration,
                                                 to the Bureau, effective July 21, 2011. In                Exports, Foreign banking, Holding                   HHS.
                                                 December 2011, the Bureau issued an                     companies, Investments, Reporting and                 ACTION:   Proposed order.
                                                 Interim Final Rule to incorporate the                   recordkeeping requirements.
                                                 S.A.F.E. Act pursuant to the transfer of                                                                      SUMMARY:   The Food and Drug
                                                                                                         Authority and Issuance                                Administration (FDA) is issuing this
                                                 rulemaking authority. Although the
                                                 Board retains authority to issue some                                                                         proposed order to reclassify the
                                                                                                           For the reasons set forth in the
                                                 consumer financial protection rules, all                                                                      ultrasound cyclodestructive device, a
                                                                                                         preamble, the Board proposes to amend
                                                 rulemaking authority under the S.A.F.E.                                                                       postamendments class III device
                                                                                                         chapter II of title 12 of the Code of                 (regulated under product code LZR),
                                                 Act concerning mortgage loan originator                 Federal Regulations as follows:
                                                 registration was transferred to the                                                                           into class II (special controls), subject to
                                                 Bureau. Consequently, the Board is                                                                            premarket notification. FDA is also
                                                                                                         PART 208—MEMBERSHIP OF STATE
                                                 proposing to repeal its regulations that                                                                      identifying the proposed special
                                                                                                         BANKING INSTITUTIONS IN THE
                                                 incorporated the S.A.F.E. Act.                                                                                controls that the Agency believes are
                                                                                                         FEDERAL RESERVE SYSTEM                                necessary to provide a reasonable
                                                    2. Small entities affected by the                    (REGULATION H)
                                                 proposed rule. Any entity that is                                                                             assurance of safety and effectiveness of
                                                 currently covered by the S.A.F.E. Act is                                                                      the device. FDA is proposing this
                                                                                                         ■ 1. The authority citation for part 208              reclassification on its own initiative
                                                 subject to the rules issued by the                      continues to read as follows:
                                                 Bureau, located in 12 CFR part 1007 and                                                                       based on new information. If finalized,
                                                 1008. Therefore the Board’s repeal of its                 Authority: 12 U.S.C. 24, 36, 92a, 93a,              this order will reclassify these devices
                                                 regulations that incorporated the                       248(a), 248(c), 321–338a, 371d, 461, 481–486,         from class III to class II (special
                                                 S.A.F.E. Act would not affect any entity,               601, 611, 1814, 1816, 1818, 1820(d)(9),               controls) and reduce regulatory burdens
                                                 including small entities.                               1833(j), 1828(o), 1831, 1831o, 1831p–1,               as these types of devices will no longer
                                                    3. Recordkeeping, reporting, and                     1831r–1, 1831w, 1831x, 1835a, 1882, 2901–             be required to submit a premarket
                                                 compliance requirements. The proposed                   2907, 3105, 3310, 3331–3351, 3905–3909,               approval application (PMA) but can
                                                 rule would repeal parts of the Board’s                  and 5371; 15 U.S.C. 78b, 78I(b), 78l(i), 780–         instead submit a less burdensome
                                                 regulations that incorporated the                       4(c)(5), 78q, 78q–1, and 78w, 1681s, 1681w,           premarket notification (510(k)) before
                                                 S.A.F.E. Act, and would therefore not
                                                                                                         6801, and 6805; 31 U.S.C. 5318; 42 U.S.C.             marketing their device.
                                                                                                         4012a, 4104a, 4104b, 4106 and 4128.                   DATES: Submit either electronic or
                                                 impose any recordkeeping, reporting, or
                                                 compliance requirements on any                                                                                written comments on the proposed
                                                                                                         Subpart I—[Removed and Reserved]                      order by November 26, 2018. Please see
                                                 entities.
                                                    4. Other Federal Rules. The Board has                                                                      section XI for the proposed effective
                                                                                                         ■ 2. Remove and reserve subpart I,                    date when the new requirements apply
                                                 not identified any federal rules that                   consisting of §§ 208.101 through
                                                 duplicate, overlap, or conflict with the                                                                      and for the proposed effective date of a
                                                                                                         208.105 and Appendix A.                               final order based on this proposed
                                                 proposed repeal of the Board’s
                                                 regulations that incorporated the                                                                             order.
                                                                                                         PART 211—INTERNATIONAL
                                                 S.A.F.E. Act.                                           BANKING OPERATIONS                                    ADDRESSES:   You may submit comments
                                                    5. Significant alternatives to the                   (REGULATION K)                                        as follows. Please note that late,
                                                 proposed revisions. The Board is not                                                                          untimely filed comments will not be
                                                 aware of any significant alternatives that              ■ 3. The authority citation for part 211              considered. Electronic comments must
                                                 would further minimize the impact on                    continues to read as follows:                         be submitted on or before November 26,
                                                 small entities of the proposed repeal,                                                                        2018. The https://www.regulations.gov
                                                                                                           Authority: 12 U.S.C. 221 et seq., 1818,
                                                 but solicits comment on this approach.                                                                        electronic filing system will accept
                                                                                                         1835a, 1841 et seq., 3101 et seq., 3901 et seq.,
                                                 III. Paperwork Reduction Act                                                                                  comments until midnight Eastern Time
                                                                                                         and 5101 et seq.; 15 U.S.C. 1681s, 1681w,
                                                                                                                                                               at the end of November 26, 2018.
                                                                                                         6801 and 6805.
                                                   In accordance with the Paperwork                                                                            Comments received by mail/hand
                                                 Reduction Act (PRA) of 1995 (44 U.S.C.                  ■   4. In § 211.24, remove paragraph (k).             delivery/courier (for written/paper
                                                 3506; 5 CFR 1320 Appendix A.1), the                                                                           submissions) will be considered timely
                                                 Board reviewed the rule under the                         By order of the Board of Governors of the
                                                                                                                                                               if they are postmarked or the delivery
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 authority delegated to the Federal                      Federal Reserve System, September 20, 2018.
                                                                                                                                                               service acceptance receipt is on or
                                                 Reserve by the Office of Management                     Ann Misback,                                          before that date.
                                                 and Budget (OMB). The proposed rule                     Secretary of the Board.
                                                 contains no collections of information                                                                        Electronic Submissions
                                                                                                         [FR Doc. 2018–20832 Filed 9–24–18; 8:45 am]
                                                 under the PRA. See 44 U.S.C. 3502(3).                   BILLING CODE 6210–01–P
                                                                                                                                                                 Submit electronic comments in the
                                                 Accordingly, there is no paperwork                                                                            following way:
                                                 burden associated with the proposed                                                                             • Federal eRulemaking Portal:
                                                 rule.                                                                                                         https://www.regulations.gov. Follow the


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Document Created: 2018-09-25 00:21:58
Document Modified: 2018-09-25 00:21:58
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; request for public comment.
DatesComments must be received on or before November 26, 2018.
ContactClinton Chen, Senior Attorney, (202) 452-3952, Justyna Bolter, Attorney, (202) 452-2686, Legal Division, Board of Governors of the Federal Reserve System, 20th and C Streets NW, Washington, DC 20551. For users of Telecommunications Device for the Deaf (TDD) only, contact (202) 263-4869.
FR Citation83 FR 48402 
CFR Citation12 CFR 208
12 CFR 211
CFR AssociatedAccounting; Agriculture; Banks; Banking; Confidential Business Information; Consumer Protection; Crime; Currency; Insurance; Investments; Mortgages; Reporting and Recordkeeping Requirements; Securities; Exports; Foreign Banking and Holding Companies

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