83_FR_54036 83 FR 53829 - Disclosure of Financial and Other Information by FDIC-Insured State Nonmember Banks

83 FR 53829 - Disclosure of Financial and Other Information by FDIC-Insured State Nonmember Banks

FEDERAL DEPOSIT INSURANCE CORPORATION

Federal Register Volume 83, Issue 207 (October 25, 2018)

Page Range53829-53832
FR Document2018-23042

The Federal Deposit Insurance Corporation (FDIC) proposes to rescind and remove its regulations relating to the disclosure of financial and other information by FDIC-insured state nonmember banks. Upon the removal of the regulations, all insured state nonmember banks and insured state-licensed branches of foreign banks (collectively, ``banks'') would no longer be subject to the annual disclosure statement requirement found in those regulations. The financial and other information that has been subject to disclosure by individual banks pursuant to these regulations is publicly available through the FDIC's website.

Federal Register, Volume 83 Issue 207 (Thursday, October 25, 2018)
[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Proposed Rules]
[Pages 53829-53832]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23042]


========================================================================
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. 207 / Thursday, October 25, 2018 / 
Proposed Rules

[[Page 53829]]



FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Part 350

RIN 3064-AE65


Disclosure of Financial and Other Information by FDIC-Insured 
State Nonmember Banks

AGENCY: Federal Deposit Insurance Corporation.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Deposit Insurance Corporation (FDIC) proposes to 
rescind and remove its regulations relating to the disclosure of 
financial and other information by FDIC-insured state nonmember banks. 
Upon the removal of the regulations, all insured state nonmember banks 
and insured state-licensed branches of foreign banks (collectively, 
``banks'') would no longer be subject to the annual disclosure 
statement requirement found in those regulations. The financial and 
other information that has been subject to disclosure by individual 
banks pursuant to these regulations is publicly available through the 
FDIC's website.

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

ADDRESSES: You may submit comments, identified by RIN 3064-AE65, by any 
of the following methods:
     Agency Website: https://www.fdic.gov/regulations/laws/federal. Follow instructions for submitting comments on the Agency 
website.
     Email: [email protected]. Include the RIN 3064-AE65 on the 
subject line of the message.
     Mail: Robert E. Feldman, Executive Secretary, Attention: 
Comments, Federal Deposit Insurance Corporation, 550 17th Street NW, 
Washington, DC 20429.
     Hand Delivery: Comments may be hand-delivered to the guard 
station at the rear of the 550 17th Street NW, building (located on F 
Street) on business days between 7:00 a.m. and 5:00 p.m.
    Public Inspection: All comments received will be posted without 
change to https://www.fdic.gov/regulations/laws/federal, including any 
personal information provided. Paper copies of public comments may be 
ordered from the FDIC Public Information Center, 3501 North Fairfax 
Drive, Room E-1002, Arlington, VA 22226 by telephone at (877) 275-3342 
or (703) 562-2200.

FOR FURTHER INFORMATION CONTACT: Robert Storch, Chief Accountant, 
Division of Risk Management Supervision, (202) 898-8906 or 
[email protected]; Andrew Overton, Examination Specialist (Bank 
Accounting), Division of Risk Management Supervision, (202) 898-8922 or 
[email protected]; Michael Condon, Counsel, Legal Division, (202) 898-
6536 or [email protected].

SUPPLEMENTARY INFORMATION: 

I. Policy Objectives

    The policy objective of the proposed rule is to simplify the FDIC's 
regulations by removing unnecessary or redundant regulations. The 
proposed rulemaking rescinds and removes part 350 from the Code of 
Federal Regulations. Technological advancements over the past 30 years 
provide the public with ready access to more extensive and timely 
information on the condition and performance of individual banks, 
obviating the need for the annual disclosure statement requirements in 
part 350.

II. Background

    Part 350 was adopted by the FDIC Board of Directors on December 17, 
1987, and took effect February 1, 1988.\1\ In general, part 350 
requires FDIC-insured state nonmember banks and FDIC-insured state-
licensed branches of foreign banks (collectively, ``banks'') to 
prepare, and make available on request, annual disclosure statements 
consisting of: (1) Required financial data comparable to specified 
schedules in the Consolidated Reports of Condition and Income (Call 
Report) filed for the previous two year-ends; (2) information that the 
FDIC may require of particular banks, which could include disclosure of 
enforcement actions; and (3) other information at a bank's option. Part 
350 also permits the use of certain alternatives to the Call Report as 
a disclosure statement. Part 350 does not apply to the insured state 
savings associations that are supervised by the FDIC.
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    \1\ See 52 FR 49379 (December 31, 1987).
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    The annual disclosure statement for a particular year must be 
prepared, and made available to the public, by March 31 of the 
following year, or the fifth day after an organization's annual report 
covering the year is sent to shareholders, whichever occurs first. 
Banks are required to announce the availability of the disclosure 
statements in lobby notices in each of their offices and in notices of 
annual meetings sent to shareholders.
    In adopting part 350, the FDIC's intent was to improve public 
awareness and understanding of the financial condition of individual 
banks. In the preamble to the December 1987 final rule, the FDIC stated 
that ``improved financial disclosure should reduce the likelihood of 
the market or bank customers overreacting to incomplete information.'' 
The FDIC also said it believed the disclosure requirement ``will 
complement its supervisory efforts and enhance public confidence in the 
banking system.'' With limited resources available for the public to 
gather, analyze, and understand information about the financial 
condition of individual banks before and during the 1980s, the FDIC's 
adoption of part 350 provided the public with an opportunity to obtain 
certain basic bank financial information.
    After the FDIC adopted part 350, the Office of the Comptroller of 
the Currency (OCC) and the Federal Reserve Board (FRB) adopted similar 
disclosure regulations. When initially adopted, the disclosure 
regulations adopted by the FDIC (12 CFR part 350), the FRB (12 CFR 
208.17), and the OCC (12 CFR part 18) were substantially uniform. These 
regulations required institutions to make almost identical information 
available to the public upon request. The former Office of Thrift 
Supervision (OTS) had a similar, but not identical, disclosure 
regulation (12 CFR 562.3). As a result of its review of regulations 
pursuant to Section 303(a) of the Riegle Community Development and 
Regulatory Improvement Act of 1994, the OTS repealed 12 CFR 562.3 as 
unnecessary in 1995.\2\ In 1998, the FRB eliminated 12 CFR 208.17, 
Disclosure of Financial Information by State Member Banks, from its 
regulations on the basis

[[Page 53830]]

that Call Report information for banks had become available through the 
internet.\3\ In 2017, the OCC removed 12 CFR part 18 from its 
regulations, noting that the information it required national banks to 
disclose is contained in other publicly available documents, which 
meant that 12 CFR part 18 is duplicative and unnecessary.\4\
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    \2\ See 60 FR 66866 (December 27, 1995).
    \3\ See 63 FR 37630 (July 13, 1998).
    \4\ See 82 FR 8082 (January 23, 2017).
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    With advancements in information technology since part 350 was 
adopted, including widespread public access to the internet (including 
through public libraries for individuals without their own direct 
personal access to the internet), information about the financial 
condition of individual insured depository institutions is now reliably 
and directly offered to the public through the FDIC's and the Federal 
Financial Institutions Examination Council's (FFIEC) websites. For 
example, information about the financial condition and performance of 
all insured depository institutions is publicly available each quarter 
through the Call Report and the Uniform Bank Performance Report (UBPR). 
In addition, enforcement actions taken by the FDIC are readily 
available to the public from the FDIC's website.
    The Call Report contains an institution's balance sheet, income 
statement, and supplemental schedules that disclose additional details 
about the major categories of assets and liabilities, regulatory 
capital, and other financial information. Since the successful 
deployment of the FFIEC's Central Data Repository (CDR) Public Data 
Distribution (PDD) website,\5\ the public has had ready access to 
financial information for each insured depository institution. The 
public is able to obtain more current Call Report data for individual 
institutions in various formats from the FFIEC's CDR PDD website than 
the financial information available in the annual disclosure statement 
required by part 350. The quarterly Call Report data currently provided 
on this website goes back to the March 31, 2001, report date. 
Individual institution Call Report data generally are posted on this 
website within 24 hours after the data have been submitted to and 
accepted by the CDR.
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    \5\ https://cdr.ffiec.gov/public/ManageFacsimiles.aspx.
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    The UBPR is an analytical tool created for bank supervisory, 
examination, and management purposes that shows the impact of 
management decisions and economic conditions on a bank's performance 
and balance-sheet composition. The content of the UBPR is calculated 
each quarter primarily from Call Report data. UBPRs for individual 
institutions are available to the public via the CDR PDD website. The 
website provides UBPRs from March 31, 2005, to date. An institution's 
UBPR is usually published online within a day after its Call Report has 
been filed with and accepted by the CDR. Online access to an 
institution's UBPR each quarter complements the public's use of the 
institution's Call Report and further expands upon the amount of 
publicly available financial data for an institution beyond the limited 
financial information provided in the annual disclosure statement 
required by part 350. The public is able to easily locate the Call 
Report and the UBPR for a bank through the FDIC BankFind tool, which is 
available on the FDIC's website.\6\
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    \6\ https://research.fdic.gov/bankfind/.
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    In addition, on a monthly basis, the FDIC publishes a press release 
listing the administrative enforcement actions it has taken against 
banks and individuals during the preceding month. Enforcement actions 
taken by the FDIC since 1990 are available to the public on the FDIC's 
website.\7\ Interested parties may also obtain administrative orders 
through the FDIC's Public Information Center.
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    \7\ https://www5.fdic.gov/EDO/index.html.
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III. The Proposal

    Under section 2222 of the Economic Growth and Regulatory Paperwork 
Reduction Act of 1996 (EGRPRA),\8\ the FDIC is required to conduct a 
review at least once every 10 years to identify any outdated or 
otherwise unnecessary regulations. As part of the EGRPRA review 
completed in 2017, part 350 was included in the third EGRPRA Federal 
Register notice.\9\ The FDIC did not receive any comments on this 
regulation in response to that notice. Nevertheless, upon review, the 
FDIC has determined that part 350 is outdated and no longer necessary 
and therefore should be eliminated. Part 350 places a burden on insured 
state nonmember banks and insured state-licensed branches of foreign 
banks by requiring them to prepare an annual disclosure statement and 
make available to the public a potentially unlimited number of copies 
of these statements. This burden was justified in the past because 
disclosure statements were an effective means for the public to obtain 
information concerning a bank's financial condition. However, with 
widespread public access to the internet where more extensive and 
timely financial information about individual banks, as well as 
administrative enforcement actions, can be readily obtained, the 
incremental burden on banks of providing an annual disclosure statement 
in accordance with a regulation that has become outdated is no longer 
justified. Furthermore, because part 350 does not apply to insured 
state savings associations, for which the FDIC became the primary 
federal regulatory agency in 2011, the proposal would eliminate a 
difference in the regulatory requirements and resulting regulatory 
burden imposed on insured state nonmember banks and insured state-
licensed branches of foreign banks compared to insured state savings 
associations. Finally, because regulations similar to part 350 have 
been rescinded by the FRB and the OCC (as well as the former OTS), the 
preparation and availability of annual disclosure statements are no 
longer required by the other federal banking agencies for the 
institutions under their supervision. Consistent with the objectives of 
section 2222 of EGRPRA, the FDIC is requesting public comment on the 
proposed removal of part 350 from the Code of Federal Regulations.
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    \8\ Public Law 104-208 (1996), codified at 12 U.S.C. 3311.
    \9\ See 80 FR 32046 (June 5, 2015).
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IV. Expected Effects

    The proposed removal of the requirement that each FDIC-insured 
state nonmember bank and insured state-licensed branch of a foreign 
bank prepare, and make available on request, annual disclosure 
statements will lessen the burden the FDIC imposes on these 
institutions. As of June 30, 2018, there were 3,534 FDIC-insured state 
nonmember banks and insured state-licensed branches of foreign banks 
that would be affected by this proposal.
    The proposed rule is expected to reduce recordkeeping, reporting, 
and disclosure requirements for FDIC-insured state nonmember banks and 
insured state-licensed branches of foreign banks. As discussed in 
Section III: The Proposal, part 350 requires institutions to prepare an 
annual disclosure statement and make it available to the public. By 
removing part 350, the proposed rule will remove this disclosure 
burden. The FDIC assumes that 15 percent of the institutions covered by 
part 350 provide a management discussion and analysis in their annual 
disclosure statement, and estimates that preparing this material takes 
each institution 1.5 hours. Assuming the time spent preparing the 
material is divided equally between a financial analyst and

[[Page 53831]]

a manager, each earning the 75th percentile wage for their occupation, 
the estimated annual cost per institution to prepare the material is 
$156.45.\10\ Based on the FDIC's estimation that 15 percent of 
institutions prepare this material, the total annual cost is estimated 
to be $82,919, or approximately 0.0001 percent of noninterest expenses 
for covered institutions.\11\
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    \10\ The annual cost per institution is estimated using the 75th 
percentile hourly wage for financial analysts and management 
occupations in the depository credit intermediation industry as of 
May 2017. This hourly wage is adjusted for inflation, and grossed-up 
to include benefits, through March 2018. The 75th percentile 
inflation and benefit-adjusted hourly wage of management occupations 
as of March 2018 is $124.13, and for financial analysts is $84.47. 
Assuming the 1.5 hours are equally divided between a manager and an 
analyst, this yields a total cost of (0.75 * $124.13) + (0.75 * 
$84.47) = $156.45.
    Hourly wages are from the Bureau of Labor Statistics (BLS) May 
2017 National Industry-Specific Occupational Employment and Wage 
Estimates, https://www.bls.gov/oes/current/oessrci.htm. Wages are 
adjusted for inflation through March 2018 using the Seasonally 
Adjusted All-items Consumer Price Index for All Urban Consumers, 
https://data.bls.gov/PDQWeb/cu. The hourly wages are grossed-up to 
include benefits based on Employer Cost for Employee Compensation 
data as of March 2018, https://www.bls.gov/news.release/pdf/ecec.pdf. March 2018 is the latest available period of Employer Cost 
for Employee Compensation data. The data on hourly wages, inflation, 
and employer cost for employee compensation was extracted on June 
15, 2018.
    \11\ This equals 530 * $156.45, i.e., (3,534 * 0.15) * $156.45, 
rounded to the nearest dollar. Noninterest expenses are calculated 
from data reported in the June 30, 2018, Call Report, and 
annualized.
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    In addition to the directly measurable cost savings, another 
potential benefit of the proposed rule is that it frees up institution 
staff time that would otherwise have been spent complying with part 
350. Theoretically, time previously spent complying with part 350 may 
now be spent on another task of higher value to the institution. This 
potential effect is difficult to accurately estimate with available 
information, but it is likely to be small given that the disclosure 
burden imposed by part 350 is a relatively small percentage of 
noninterest expenses.
    The proposed rule does remove a disclosure requirement for affected 
institutions; however, the FDIC believes that the reduction will not 
have material effects for customers, investors, or counterparties. As 
discussed in Section III: The Proposal, extensive and timely financial 
information about individual banks, as well as administrative 
enforcement actions, can be readily obtained by the public on the 
internet. Therefore, the FDIC believes that removal of this disclosure 
requirement will not have substantive effects on financial market 
participants.

V. Alternatives

    The FDIC considered alternatives to the proposed rule, but believes 
that the proposed rescission and removal of part 350 represents the 
most appropriate option. In particular, the FDIC considered whether to 
(1) retain the existing disclosure statement requirement, but to extend 
it to the insured state savings associations now supervised by the 
FDIC, (2) require that disclosure statements be updated quarterly 
instead of annually, and/or (3) require the inclusion in disclosure 
statements of either the entire Call Report (excluding a limited number 
of items accorded confidential treatment) or financial data comparable 
to a greater number of specified Call Report schedules. However, with 
the timely public availability of each institution's quarterly Call 
Report and UBPR via the FDIC's and the FFIEC's websites, and with the 
public disclosure of information about enforcement actions taken by the 
FDIC routinely made available on the FDIC's website, the FDIC believes 
any extension of part 350 to other institutions, increase in the 
frequency of disclosure, increase in the scope of disclosure, or 
combination of these alternatives, imposes additional cost without any 
corresponding public benefit in terms of access to financial and other 
information on institutions. Moreover, the FDIC is not aware of any 
difficulties encountered by the public in obtaining current financial 
and enforcement action information on institutions supervised by the 
FRB and the OCC (and those institutions previously supervised by the 
OTS) via public websites since these agencies eliminated their 
respective disclosure statement requirements.

VI. Request for Comments

    The FDIC invites comments on all aspects of this proposed 
rulemaking. In particular, the FDIC requests comments on the following 
questions:
    1. Should part 350 be retained in whole or in part? Please 
substantiate your response.
    2. What negative impacts, if any, can you foresee in the FDIC's 
proposal to rescind part 350 and remove it from the Code of Federal 
Regulations?

VII. Regulatory Analysis and Procedure

A. The Paperwork Reduction Act

    In accordance with the requirements of the Paperwork Reduction Act 
of 1995 (PRA) (44 U.S.C. 3501-3521), the FDIC may not conduct or 
sponsor, and the respondent is not required to respond to, an 
information collection unless it displays a currently valid Office of 
Management and Budget (OMB) control number. Part 350 is currently an 
approved information collection with OMB Control No. 3064-0090. 
Removing part 350 will obviate the need for this collection of 
information pursuant to the PRA, and FDIC would seek to discontinue its 
use.

B. The Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires that, in 
connection with a rulemaking, an agency prepare and make available for 
public comment an initial regulatory flexibility analysis describing 
the impact of the proposed rule on small entities.\12\ A regulatory 
flexibility analysis is not required; however, if the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. The U.S. Small Business 
Administration (SBA) has defined ``small entities'' to include banking 
organizations with total assets less than or equal to $550 million.\13\
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    \12\ 5 U.S.C. 601 et seq.
    \13\ 13 CFR 121.201 (as amended, effective December 2, 2014).
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    As of June 30, 2018, there are 3,534 FDIC-insured state nonmember 
banks and FDIC-insured state-licensed branches of foreign banks.\14\ Of 
these, 2,725 are considered small entities for the purposes of RFA.\15\ 
Thus, the FDIC concludes the proposed rule will affect a substantial 
number of small entities.
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    \14\ Data from the June 2018 Call Report and FFIEC 002 report.
    \15\ The SBA defines a small banking organization as having $550 
million or less in assets, where an organization's ``assets are 
determined by averaging the assets reported on its four quarterly 
financial statements for the preceding year.'' See 13 CFR 121.201 
(as amended, effective December 2, 2014). In its determination, the 
``SBA counts the receipts, employees, or other measure of size of 
the concern whose size is at issue and all of its domestic and 
foreign affiliates.'' See 13 CFR 121.103. Following these 
regulations, the FDIC uses a covered entity's affiliated and 
acquired assets, averaged over the preceding four quarters, to 
determine whether the covered entity is ``small'' for the purposes 
of RFA.
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    The proposed rule is expected to reduce recordkeeping, reporting, 
and disclosure requirements for small FDIC-supervised banks. As 
discussed in Section III: The Proposal, part 350 requires institutions 
to prepare an annual disclosure statement and make it available to the 
public. By removing part 350, the proposed rule will remove this 
disclosure burden. As discussed in Section IV: Expected Effects, the 
FDIC estimates the annual cost per institution to prepare the material 
is $156.45.\16\

[[Page 53832]]

Based on the FDIC's estimation that 15 percent of institutions prepare 
this material, the total annual cost for small FDIC-supervised 
institutions is estimated to be $63,988, or less than 0.0005 percent of 
noninterest expenses for such institutions.\17\
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    \16\ The annual cost per institution is estimated using the 75th 
percentile hourly wage for financial analysts and management 
occupations in the depository credit intermediation industry as of 
May 2017. This hourly wage is adjusted for inflation, and grossed-up 
to include benefits, through March 2018. The 75th percentile 
inflation and benefit-adjusted hourly wage of management occupations 
as of March 2018 is $124.13, and for financial analysts is $84.47. 
Assuming the 1.5 hours are equally divided between a manager and an 
analyst, this yields a total cost of (0.75 * $124.13) + (0.75 * 
$84.47) = $156.45.
    Hourly wages are from the Bureau of Labor Statistics (BLS) May 
2017 National Industry-Specific Occupational Employment and Wage 
Estimates, https://www.bls.gov/oes/current/oessrci.htm. Wages are 
adjusted for inflation through March 2018 using the Seasonally 
Adjusted All-items Consumer Price Index for All Urban Consumers, 
https://data.bls.gov/PDQWeb/cu. The hourly wages are grossed-up to 
include benefits based on Employer Cost for Employee Compensation 
data as of March 2018, https://www.bls.gov/news.release/pdf/ecec.pdf. March 2018 is the latest available period of Employer Cost 
for Employee Compensation data. The data on hourly wages, inflation, 
and employer cost for employee compensation was extracted on June 
15, 2018.
    \17\ This equals 409 * $156.45, i.e., (2,725 * 0.15) * $156.45, 
rounded to the nearest dollar. Noninterest expenses are calculated 
from data reported in the June 30, 2018, Call Report, and 
annualized.
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    Also as described in Section IV above, in addition to the directly 
measurable cost savings, another potential benefit of the proposed rule 
is that it frees up institution staff time that would otherwise have 
been spent complying with part 350. While this potential effect is 
difficult to accurately estimate with available information, it is 
likely to be small given that the disclosure burden imposed by part 350 
is a relatively small percentage of noninterest expenses for small 
FDIC-supervised institutions.
    The proposed rule does remove a disclosure requirement for affected 
institutions; however, the FDIC believes that the reduction will not 
have material effects for customers, investors, or counterparties. As 
discussed in Section III: The Proposal, extensive and timely financial 
information about individual banks, as well as administrative 
enforcement actions, can be readily obtained by the public on the 
internet. Therefore, the FDIC believes that removal of this disclosure 
requirement with have not substantive effects on financial market 
participants.
    Based on the information above, the FDIC certifies that the 
proposed rule will not have a significant economic impact on a 
substantial number of small entities.
    The FDIC invites comments on all aspects of the supporting 
information provided in this RFA section. In particular, would this 
proposal have any significant effects on small entities that the FDIC 
has not identified?

C. Plain Language

    Section 722 of the Gramm-Leach-Bliley Act, Public Law 106-102, 113 
Stat. 1338, 1471, 12 U.S.C. 4809, requires each Federal banking agency 
to use plain language in all of its proposed and final rules published 
after January 1, 2000. As a Federal banking agency subject to the 
provisions of this section, the FDIC has sought to present the proposed 
rule to rescind part 350 in a simple and straightforward manner. The 
FDIC invites comments on whether the proposal is clearly stated and 
effectively organized, and how the FDIC might make the proposal easier 
to understand.

D. The Economic Growth and Regulatory Paperwork Reduction Act

    Under section 2222 of EGRPRA, the FDIC is required to conduct a 
review at least once every 10 years to identify any outdated or 
otherwise unnecessary regulations. The FDIC completed its most recent 
comprehensive review of its regulations under EGRPRA in 2017 and did 
not receive any comments from the public concerning part 350. The 
burden reduction evidenced in this notice of proposed rulemaking is 
consistent with the objectives of the EGRPRA review process.

List of Subjects in 12 CFR Part 350

    Accounting, Banks, banking, Reporting and recordkeeping 
requirements.

    For the reasons stated in the preamble, and under the authority of 
12 U.S.C. 1817(a)(1), 1819 ``Seventh'' and ``Tenth,'' the Board of 
Directors of the Federal Deposit Insurance Corporation proposes to 
remove 12 CFR part 350.

PART 350--DISCLOSURE OF FINANCIAL AND OTHER INFORMATION BY FDIC-
INSURED STATE NONMEMBER BANKS

0
1. Part 350--[Removed and Reserved]
    Remove and reserve part 350 consisting of Sec. Sec.  350.1 through 
350.12.

    Dated at Washington, DC, on October 17, 2018.
    By order of the Board of Directors.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2018-23042 Filed 10-24-18; 8:45 am]
 BILLING CODE P



                                                                                                                                                                                                            53829

                                                 Proposed Rules                                                                                                Federal Register
                                                                                                                                                               Vol. 83, No. 207

                                                                                                                                                               Thursday, October 25, 2018



                                                 This section of the FEDERAL REGISTER                    to https://www.fdic.gov/regulations/                  associations that are supervised by the
                                                 contains notices to the public of the proposed          laws/federal, including any personal                  FDIC.
                                                 issuance of rules and regulations. The                  information provided. Paper copies of                    The annual disclosure statement for a
                                                 purpose of these notices is to give interested          public comments may be ordered from                   particular year must be prepared, and
                                                 persons an opportunity to participate in the            the FDIC Public Information Center,                   made available to the public, by March
                                                 rule making prior to the adoption of the final
                                                 rules.
                                                                                                         3501 North Fairfax Drive, Room E–1002,                31 of the following year, or the fifth day
                                                                                                         Arlington, VA 22226 by telephone at                   after an organization’s annual report
                                                                                                         (877) 275–3342 or (703) 562–2200.                     covering the year is sent to
                                                 FEDERAL DEPOSIT INSURANCE                               FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                               shareholders, whichever occurs first.
                                                 CORPORATION                                             Robert Storch, Chief Accountant,                      Banks are required to announce the
                                                                                                         Division of Risk Management                           availability of the disclosure statements
                                                 12 CFR Part 350                                         Supervision, (202) 898–8906 or rstorch@               in lobby notices in each of their offices
                                                 RIN 3064–AE65                                           fdic.gov; Andrew Overton, Examination                 and in notices of annual meetings sent
                                                                                                         Specialist (Bank Accounting), Division                to shareholders.
                                                 Disclosure of Financial and Other                       of Risk Management Supervision, (202)                    In adopting part 350, the FDIC’s intent
                                                 Information by FDIC-Insured State                       898–8922 or aoverton@fdic.gov; Michael                was to improve public awareness and
                                                 Nonmember Banks                                         Condon, Counsel, Legal Division, (202)                understanding of the financial condition
                                                                                                         898–6536 or mcondon@fdic.gov.                         of individual banks. In the preamble to
                                                 AGENCY: Federal Deposit Insurance                                                                             the December 1987 final rule, the FDIC
                                                 Corporation.                                            SUPPLEMENTARY INFORMATION:                            stated that ‘‘improved financial
                                                 ACTION: Notice of proposed rulemaking.                                                                        disclosure should reduce the likelihood
                                                                                                         I. Policy Objectives
                                                 SUMMARY:   The Federal Deposit                                                                                of the market or bank customers
                                                                                                           The policy objective of the proposed                overreacting to incomplete
                                                 Insurance Corporation (FDIC) proposes                   rule is to simplify the FDIC’s regulations
                                                 to rescind and remove its regulations                                                                         information.’’ The FDIC also said it
                                                                                                         by removing unnecessary or redundant                  believed the disclosure requirement
                                                 relating to the disclosure of financial                 regulations. The proposed rulemaking
                                                 and other information by FDIC-insured                                                                         ‘‘will complement its supervisory efforts
                                                                                                         rescinds and removes part 350 from the                and enhance public confidence in the
                                                 state nonmember banks. Upon the                         Code of Federal Regulations.
                                                 removal of the regulations, all insured                                                                       banking system.’’ With limited
                                                                                                         Technological advancements over the                   resources available for the public to
                                                 state nonmember banks and insured
                                                                                                         past 30 years provide the public with                 gather, analyze, and understand
                                                 state-licensed branches of foreign banks
                                                                                                         ready access to more extensive and                    information about the financial
                                                 (collectively, ‘‘banks’’) would no longer
                                                                                                         timely information on the condition and               condition of individual banks before
                                                 be subject to the annual disclosure
                                                                                                         performance of individual banks,                      and during the 1980s, the FDIC’s
                                                 statement requirement found in those
                                                                                                         obviating the need for the annual                     adoption of part 350 provided the
                                                 regulations. The financial and other
                                                                                                         disclosure statement requirements in                  public with an opportunity to obtain
                                                 information that has been subject to
                                                                                                         part 350.                                             certain basic bank financial information.
                                                 disclosure by individual banks pursuant
                                                 to these regulations is publicly available              II. Background                                           After the FDIC adopted part 350, the
                                                 through the FDIC’s website.                                                                                   Office of the Comptroller of the
                                                                                                            Part 350 was adopted by the FDIC                   Currency (OCC) and the Federal Reserve
                                                 DATES: Comments must be received on
                                                                                                         Board of Directors on December 17,                    Board (FRB) adopted similar disclosure
                                                 or before November 26, 2018.
                                                                                                         1987, and took effect February 1, 1988.1              regulations. When initially adopted, the
                                                 ADDRESSES: You may submit comments,
                                                                                                         In general, part 350 requires FDIC-                   disclosure regulations adopted by the
                                                 identified by RIN 3064–AE65, by any of                  insured state nonmember banks and                     FDIC (12 CFR part 350), the FRB (12
                                                 the following methods:                                  FDIC-insured state-licensed branches of
                                                   • Agency Website: https://                                                                                  CFR 208.17), and the OCC (12 CFR part
                                                                                                         foreign banks (collectively, ‘‘banks’’) to            18) were substantially uniform. These
                                                 www.fdic.gov/regulations/laws/federal.
                                                                                                         prepare, and make available on request,               regulations required institutions to
                                                 Follow instructions for submitting
                                                                                                         annual disclosure statements consisting               make almost identical information
                                                 comments on the Agency website.
                                                   • Email: Comments@fdic.gov. Include                   of: (1) Required financial data                       available to the public upon request.
                                                 the RIN 3064–AE65 on the subject line                   comparable to specified schedules in                  The former Office of Thrift Supervision
                                                 of the message.                                         the Consolidated Reports of Condition                 (OTS) had a similar, but not identical,
                                                   • Mail: Robert E. Feldman, Executive                  and Income (Call Report) filed for the                disclosure regulation (12 CFR 562.3). As
                                                 Secretary, Attention: Comments, Federal                 previous two year-ends; (2) information               a result of its review of regulations
                                                 Deposit Insurance Corporation, 550 17th                 that the FDIC may require of particular               pursuant to Section 303(a) of the Riegle
                                                 Street NW, Washington, DC 20429.                        banks, which could include disclosure                 Community Development and
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                                                   • Hand Delivery: Comments may be                      of enforcement actions; and (3) other                 Regulatory Improvement Act of 1994,
                                                 hand-delivered to the guard station at                  information at a bank’s option. Part 350              the OTS repealed 12 CFR 562.3 as
                                                 the rear of the 550 17th Street NW,                     also permits the use of certain                       unnecessary in 1995.2 In 1998, the FRB
                                                 building (located on F Street) on                       alternatives to the Call Report as a                  eliminated 12 CFR 208.17, Disclosure of
                                                 business days between 7:00 a.m. and                     disclosure statement. Part 350 does not               Financial Information by State Member
                                                 5:00 p.m.                                               apply to the insured state savings                    Banks, from its regulations on the basis
                                                   Public Inspection: All comments
                                                 received will be posted without change                    1 See   52 FR 49379 (December 31, 1987).              2 See   60 FR 66866 (December 27, 1995).



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                                                 53830                 Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Proposed Rules

                                                 that Call Report information for banks                  composition. The content of the UBPR                  However, with widespread public
                                                 had become available through the                        is calculated each quarter primarily                  access to the internet where more
                                                 internet.3 In 2017, the OCC removed 12                  from Call Report data. UBPRs for                      extensive and timely financial
                                                 CFR part 18 from its regulations, noting                individual institutions are available to              information about individual banks, as
                                                 that the information it required national               the public via the CDR PDD website.                   well as administrative enforcement
                                                 banks to disclose is contained in other                 The website provides UBPRs from                       actions, can be readily obtained, the
                                                 publicly available documents, which                     March 31, 2005, to date. An institution’s             incremental burden on banks of
                                                 meant that 12 CFR part 18 is duplicative                UBPR is usually published online                      providing an annual disclosure
                                                 and unnecessary.4                                       within a day after its Call Report has                statement in accordance with a
                                                    With advancements in information                     been filed with and accepted by the                   regulation that has become outdated is
                                                 technology since part 350 was adopted,                  CDR. Online access to an institution’s                no longer justified. Furthermore,
                                                 including widespread public access to                   UBPR each quarter complements the                     because part 350 does not apply to
                                                 the internet (including through public                  public’s use of the institution’s Call                insured state savings associations, for
                                                 libraries for individuals without their                 Report and further expands upon the                   which the FDIC became the primary
                                                 own direct personal access to the                       amount of publicly available financial                federal regulatory agency in 2011, the
                                                 internet), information about the                        data for an institution beyond the                    proposal would eliminate a difference
                                                 financial condition of individual                       limited financial information provided                in the regulatory requirements and
                                                 insured depository institutions is now                  in the annual disclosure statement                    resulting regulatory burden imposed on
                                                 reliably and directly offered to the                    required by part 350. The public is able              insured state nonmember banks and
                                                 public through the FDIC’s and the                       to easily locate the Call Report and the              insured state-licensed branches of
                                                 Federal Financial Institutions                          UBPR for a bank through the FDIC                      foreign banks compared to insured state
                                                 Examination Council’s (FFIEC)                           BankFind tool, which is available on the              savings associations. Finally, because
                                                 websites. For example, information                      FDIC’s website.6                                      regulations similar to part 350 have
                                                 about the financial condition and                          In addition, on a monthly basis, the               been rescinded by the FRB and the OCC
                                                 performance of all insured depository                   FDIC publishes a press release listing                (as well as the former OTS), the
                                                 institutions is publicly available each                 the administrative enforcement actions                preparation and availability of annual
                                                 quarter through the Call Report and the                 it has taken against banks and                        disclosure statements are no longer
                                                 Uniform Bank Performance Report                         individuals during the preceding                      required by the other federal banking
                                                 (UBPR). In addition, enforcement                        month. Enforcement actions taken by                   agencies for the institutions under their
                                                 actions taken by the FDIC are readily                   the FDIC since 1990 are available to the              supervision. Consistent with the
                                                 available to the public from the FDIC’s                 public on the FDIC’s website.7                        objectives of section 2222 of EGRPRA,
                                                 website.                                                Interested parties may also obtain                    the FDIC is requesting public comment
                                                    The Call Report contains an                          administrative orders through the                     on the proposed removal of part 350
                                                 institution’s balance sheet, income                     FDIC’s Public Information Center.                     from the Code of Federal Regulations.
                                                 statement, and supplemental schedules                                                                         IV. Expected Effects
                                                 that disclose additional details about the              III. The Proposal
                                                 major categories of assets and liabilities,                Under section 2222 of the Economic                    The proposed removal of the
                                                 regulatory capital, and other financial                 Growth and Regulatory Paperwork                       requirement that each FDIC-insured
                                                 information. Since the successful                       Reduction Act of 1996 (EGRPRA),8 the                  state nonmember bank and insured
                                                 deployment of the FFIEC’s Central Data                  FDIC is required to conduct a review at               state-licensed branch of a foreign bank
                                                 Repository (CDR) Public Data                            least once every 10 years to identify any             prepare, and make available on request,
                                                 Distribution (PDD) website,5 the public                 outdated or otherwise unnecessary                     annual disclosure statements will lessen
                                                 has had ready access to financial                       regulations. As part of the EGRPRA                    the burden the FDIC imposes on these
                                                 information for each insured depository                 review completed in 2017, part 350 was                institutions. As of June 30, 2018, there
                                                 institution. The public is able to obtain               included in the third EGRPRA Federal                  were 3,534 FDIC-insured state
                                                 more current Call Report data for                       Register notice.9 The FDIC did not                    nonmember banks and insured state-
                                                 individual institutions in various                      receive any comments on this regulation               licensed branches of foreign banks that
                                                 formats from the FFIEC’s CDR PDD                        in response to that notice. Nevertheless,             would be affected by this proposal.
                                                                                                                                                                  The proposed rule is expected to
                                                 website than the financial information                  upon review, the FDIC has determined
                                                                                                                                                               reduce recordkeeping, reporting, and
                                                 available in the annual disclosure                      that part 350 is outdated and no longer
                                                                                                                                                               disclosure requirements for FDIC-
                                                 statement required by part 350. The                     necessary and therefore should be
                                                                                                                                                               insured state nonmember banks and
                                                 quarterly Call Report data currently                    eliminated. Part 350 places a burden on
                                                                                                                                                               insured state-licensed branches of
                                                 provided on this website goes back to                   insured state nonmember banks and
                                                                                                                                                               foreign banks. As discussed in Section
                                                 the March 31, 2001, report date.                        insured state-licensed branches of
                                                                                                                                                               III: The Proposal, part 350 requires
                                                 Individual institution Call Report data                 foreign banks by requiring them to
                                                                                                                                                               institutions to prepare an annual
                                                 generally are posted on this website                    prepare an annual disclosure statement                disclosure statement and make it
                                                 within 24 hours after the data have been                and make available to the public a                    available to the public. By removing
                                                 submitted to and accepted by the CDR.                   potentially unlimited number of copies                part 350, the proposed rule will remove
                                                    The UBPR is an analytical tool created               of these statements. This burden was                  this disclosure burden. The FDIC
                                                 for bank supervisory, examination, and                  justified in the past because disclosure              assumes that 15 percent of the
                                                 management purposes that shows the                      statements were an effective means for
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                                                                                                                                                               institutions covered by part 350 provide
                                                 impact of management decisions and                      the public to obtain information                      a management discussion and analysis
                                                 economic conditions on a bank’s                         concerning a bank’s financial condition.              in their annual disclosure statement,
                                                 performance and balance-sheet
                                                                                                           6 https://research.fdic.gov/bankfind/.
                                                                                                                                                               and estimates that preparing this
                                                   3 See63 FR 37630 (July 13, 1998).                       7 https://www5.fdic.gov/EDO/index.html.             material takes each institution 1.5
                                                  4 See 82 FR 8082 (January 23, 2017).                     8 Public Law 104–208 (1996), codified at 12         hours. Assuming the time spent
                                                  5 https://cdr.ffiec.gov/public/                        U.S.C. 3311.                                          preparing the material is divided
                                                 ManageFacsimiles.aspx.                                    9 See 80 FR 32046 (June 5, 2015).                   equally between a financial analyst and


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                                                                       Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Proposed Rules                                                 53831

                                                 a manager, each earning the 75th                        V. Alternatives                                       Management and Budget (OMB) control
                                                 percentile wage for their occupation, the                  The FDIC considered alternatives to                number. Part 350 is currently an
                                                 estimated annual cost per institution to                the proposed rule, but believes that the              approved information collection with
                                                 prepare the material is $156.45.10 Based                proposed rescission and removal of part               OMB Control No. 3064–0090. Removing
                                                 on the FDIC’s estimation that 15 percent                350 represents the most appropriate                   part 350 will obviate the need for this
                                                 of institutions prepare this material, the              option. In particular, the FDIC                       collection of information pursuant to
                                                 total annual cost is estimated to be                    considered whether to (1) retain the                  the PRA, and FDIC would seek to
                                                 $82,919, or approximately 0.0001                        existing disclosure statement                         discontinue its use.
                                                 percent of noninterest expenses for                     requirement, but to extend it to the
                                                 covered institutions.11                                                                                       B. The Regulatory Flexibility Act
                                                                                                         insured state savings associations now
                                                    In addition to the directly measurable                                                                        The Regulatory Flexibility Act (RFA)
                                                                                                         supervised by the FDIC, (2) require that
                                                 cost savings, another potential benefit of                                                                    generally requires that, in connection
                                                                                                         disclosure statements be updated
                                                 the proposed rule is that it frees up                                                                         with a rulemaking, an agency prepare
                                                                                                         quarterly instead of annually, and/or (3)
                                                 institution staff time that would                                                                             and make available for public comment
                                                                                                         require the inclusion in disclosure
                                                 otherwise have been spent complying                                                                           an initial regulatory flexibility analysis
                                                                                                         statements of either the entire Call
                                                 with part 350. Theoretically, time                                                                            describing the impact of the proposed
                                                                                                         Report (excluding a limited number of
                                                 previously spent complying with part                                                                          rule on small entities.12 A regulatory
                                                                                                         items accorded confidential treatment)
                                                 350 may now be spent on another task                                                                          flexibility analysis is not required;
                                                                                                         or financial data comparable to a greater
                                                 of higher value to the institution. This                                                                      however, if the agency certifies that the
                                                                                                         number of specified Call Report
                                                 potential effect is difficult to accurately                                                                   rule will not have a significant
                                                                                                         schedules. However, with the timely
                                                 estimate with available information, but                                                                      economic impact on a substantial
                                                 it is likely to be small given that the                 public availability of each institution’s
                                                                                                         quarterly Call Report and UBPR via the                number of small entities. The U.S. Small
                                                 disclosure burden imposed by part 350                                                                         Business Administration (SBA) has
                                                 is a relatively small percentage of                     FDIC’s and the FFIEC’s websites, and
                                                                                                         with the public disclosure of                         defined ‘‘small entities’’ to include
                                                 noninterest expenses.                                                                                         banking organizations with total assets
                                                    The proposed rule does remove a                      information about enforcement actions
                                                                                                         taken by the FDIC routinely made                      less than or equal to $550 million.13
                                                 disclosure requirement for affected                                                                              As of June 30, 2018, there are 3,534
                                                 institutions; however, the FDIC believes                available on the FDIC’s website, the
                                                                                                                                                               FDIC-insured state nonmember banks
                                                 that the reduction will not have material               FDIC believes any extension of part 350
                                                                                                                                                               and FDIC-insured state-licensed
                                                 effects for customers, investors, or                    to other institutions, increase in the
                                                                                                                                                               branches of foreign banks.14 Of these,
                                                 counterparties. As discussed in Section                 frequency of disclosure, increase in the
                                                                                                                                                               2,725 are considered small entities for
                                                 III: The Proposal, extensive and timely                 scope of disclosure, or combination of
                                                                                                                                                               the purposes of RFA.15 Thus, the FDIC
                                                 financial information about individual                  these alternatives, imposes additional
                                                                                                                                                               concludes the proposed rule will affect
                                                 banks, as well as administrative                        cost without any corresponding public
                                                                                                                                                               a substantial number of small entities.
                                                 enforcement actions, can be readily                     benefit in terms of access to financial                  The proposed rule is expected to
                                                 obtained by the public on the internet.                 and other information on institutions.                reduce recordkeeping, reporting, and
                                                 Therefore, the FDIC believes that                       Moreover, the FDIC is not aware of any                disclosure requirements for small FDIC-
                                                 removal of this disclosure requirement                  difficulties encountered by the public in             supervised banks. As discussed in
                                                 will not have substantive effects on                    obtaining current financial and                       Section III: The Proposal, part 350
                                                 financial market participants.                          enforcement action information on                     requires institutions to prepare an
                                                                                                         institutions supervised by the FRB and                annual disclosure statement and make it
                                                   10 The annual cost per institution is estimated       the OCC (and those institutions                       available to the public. By removing
                                                 using the 75th percentile hourly wage for financial     previously supervised by the OTS) via                 part 350, the proposed rule will remove
                                                 analysts and management occupations in the              public websites since these agencies
                                                 depository credit intermediation industry as of May                                                           this disclosure burden. As discussed in
                                                 2017. This hourly wage is adjusted for inflation,       eliminated their respective disclosure                Section IV: Expected Effects, the FDIC
                                                 and grossed-up to include benefits, through March       statement requirements.                               estimates the annual cost per institution
                                                 2018. The 75th percentile inflation and benefit-
                                                 adjusted hourly wage of management occupations          VI. Request for Comments                              to prepare the material is $156.45.16
                                                 as of March 2018 is $124.13, and for financial
                                                 analysts is $84.47. Assuming the 1.5 hours are
                                                                                                           The FDIC invites comments on all                      12 5  U.S.C. 601 et seq.
                                                 equally divided between a manager and an analyst,       aspects of this proposed rulemaking. In                 13 13  CFR 121.201 (as amended, effective
                                                 this yields a total cost of (0.75 * $124.13) + (0.75    particular, the FDIC requests comments                December 2, 2014).
                                                 * $84.47) = $156.45.                                    on the following questions:                              14 Data from the June 2018 Call Report and FFIEC
                                                   Hourly wages are from the Bureau of Labor               1. Should part 350 be retained in                   002 report.
                                                 Statistics (BLS) May 2017 National Industry-
                                                 Specific Occupational Employment and Wage               whole or in part? Please substantiate                    15 The SBA defines a small banking organization

                                                 Estimates, https://www.bls.gov/oes/current/             your response.                                        as having $550 million or less in assets, where an
                                                 oessrci.htm. Wages are adjusted for inflation                                                                 organization’s ‘‘assets are determined by averaging
                                                                                                           2. What negative impacts, if any, can               the assets reported on its four quarterly financial
                                                 through March 2018 using the Seasonally Adjusted
                                                 All-items Consumer Price Index for All Urban
                                                                                                         you foresee in the FDIC’s proposal to                 statements for the preceding year.’’ See 13 CFR
                                                 Consumers, https://data.bls.gov/PDQWeb/cu. The          rescind part 350 and remove it from the               121.201 (as amended, effective December 2, 2014).
                                                 hourly wages are grossed-up to include benefits         Code of Federal Regulations?                          In its determination, the ‘‘SBA counts the receipts,
                                                 based on Employer Cost for Employee                                                                           employees, or other measure of size of the concern
                                                 Compensation data as of March 2018, https://            VII. Regulatory Analysis and Procedure                whose size is at issue and all of its domestic and
                                                 www.bls.gov/news.release/pdf/ecec.pdf. March                                                                  foreign affiliates.’’ See 13 CFR 121.103. Following
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                                                 2018 is the latest available period of Employer Cost    A. The Paperwork Reduction Act                        these regulations, the FDIC uses a covered entity’s
                                                 for Employee Compensation data. The data on                                                                   affiliated and acquired assets, averaged over the
                                                 hourly wages, inflation, and employer cost for
                                                                                                           In accordance with the requirements                 preceding four quarters, to determine whether the
                                                 employee compensation was extracted on June 15,         of the Paperwork Reduction Act of 1995                covered entity is ‘‘small’’ for the purposes of RFA.
                                                 2018.                                                   (PRA) (44 U.S.C. 3501–3521), the FDIC                    16 The annual cost per institution is estimated
                                                   11 This equals 530 * $156.45, i.e., (3,534 * 0.15)
                                                                                                         may not conduct or sponsor, and the                   using the 75th percentile hourly wage for financial
                                                 * $156.45, rounded to the nearest dollar.                                                                     analysts and management occupations in the
                                                 Noninterest expenses are calculated from data
                                                                                                         respondent is not required to respond                 depository credit intermediation industry as of May
                                                 reported in the June 30, 2018, Call Report, and         to, an information collection unless it               2017. This hourly wage is adjusted for inflation,
                                                 annualized.                                             displays a currently valid Office of                                                             Continued




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                                                 53832                 Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Proposed Rules

                                                 Based on the FDIC’s estimation that 15                  particular, would this proposal have any              ENVIRONMENTAL PROTECTION
                                                 percent of institutions prepare this                    significant effects on small entities that            AGENCY
                                                 material, the total annual cost for small               the FDIC has not identified?
                                                 FDIC-supervised institutions is                                                                               40 CFR Part 52
                                                 estimated to be $63,988, or less than                   C. Plain Language
                                                                                                                                                               [EPA–R05–OAR–2018–0121; FRL–9985–85–
                                                 0.0005 percent of noninterest expenses                     Section 722 of the Gramm-Leach-                    Region 5]
                                                 for such institutions.17                                Bliley Act, Public Law 106–102, 113
                                                    Also as described in Section IV above,                                                                     Air Plan Approval; Ohio; Ohio Permit
                                                                                                         Stat. 1338, 1471, 12 U.S.C. 4809,
                                                 in addition to the directly measurable                                                                        Rules Revisions
                                                                                                         requires each Federal banking agency to
                                                 cost savings, another potential benefit of
                                                 the proposed rule is that it frees up                   use plain language in all of its proposed             AGENCY:  Environmental Protection
                                                 institution staff time that would                       and final rules published after January               Agency (EPA).
                                                 otherwise have been spent complying                     1, 2000. As a Federal banking agency                  ACTION: Proposed rule.
                                                 with part 350. While this potential effect              subject to the provisions of this section,
                                                 is difficult to accurately estimate with                the FDIC has sought to present the                    SUMMARY:   The Environmental Protection
                                                 available information, it is likely to be               proposed rule to rescind part 350 in a                Agency (EPA) is proposing to approve
                                                 small given that the disclosure burden                  simple and straightforward manner. The                revisions to Ohio air permitting rules at
                                                 imposed by part 350 is a relatively small               FDIC invites comments on whether the                  Ohio Administrative Code (OAC) 3745–
                                                 percentage of noninterest expenses for                  proposal is clearly stated and effectively            31 into the State Implementation Plan
                                                 small FDIC-supervised institutions.                     organized, and how the FDIC might                     (SIP) under the Clean Air Act (CAA).
                                                    The proposed rule does remove a                      make the proposal easier to understand.               These revisions represent minor
                                                 disclosure requirement for affected                                                                           changes to the air permitting rules the
                                                                                                         D. The Economic Growth and                            Ohio Environmental Protection Agency
                                                 institutions; however, the FDIC believes
                                                 that the reduction will not have material               Regulatory Paperwork Reduction Act                    (OEPA) adopted on April 21, 2016,
                                                 effects for customers, investors, or                                                                          which became effective at the state level
                                                                                                           Under section 2222 of EGRPRA, the                   on May 1, 2016.
                                                 counterparties. As discussed in Section                 FDIC is required to conduct a review at
                                                 III: The Proposal, extensive and timely                                                                       DATES: Comments must be received on
                                                                                                         least once every 10 years to identify any
                                                 financial information about individual                                                                        or before November 26, 2018.
                                                                                                         outdated or otherwise unnecessary
                                                 banks, as well as administrative                        regulations. The FDIC completed its                   ADDRESSES: Submit your comments,
                                                 enforcement actions, can be readily                     most recent comprehensive review of its               identified by Docket ID No. EPA–R05–
                                                 obtained by the public on the internet.                                                                       OAR–2018–0121 at http://
                                                                                                         regulations under EGRPRA in 2017 and
                                                 Therefore, the FDIC believes that                                                                             www.regulations.gov, or via email to
                                                                                                         did not receive any comments from the
                                                 removal of this disclosure requirement                                                                        damico.genevieve@epa.gov. For
                                                                                                         public concerning part 350. The burden
                                                 with have not substantive effects on                                                                          comments submitted at Regulations.gov,
                                                 financial market participants.                          reduction evidenced in this notice of
                                                                                                                                                               follow the online instructions for
                                                    Based on the information above, the                  proposed rulemaking is consistent with
                                                                                                                                                               submitting comments. Once submitted,
                                                 FDIC certifies that the proposed rule                   the objectives of the EGRPRA review
                                                                                                                                                               comments cannot be edited or removed
                                                 will not have a significant economic                    process.                                              from Regulations.gov. For either manner
                                                 impact on a substantial number of small                 List of Subjects in 12 CFR Part 350                   of submission, EPA may publish any
                                                 entities.                                                                                                     comment received to its public docket.
                                                    The FDIC invites comments on all                       Accounting, Banks, banking,                         Do not submit electronically any
                                                 aspects of the supporting information                   Reporting and recordkeeping                           information you consider to be
                                                 provided in this RFA section. In                        requirements.                                         Confidential Business Information (CBI)
                                                                                                            For the reasons stated in the                      or other information whose disclosure is
                                                 and grossed-up to include benefits, through March                                                             restricted by statute. Multimedia
                                                 2018. The 75th percentile inflation and benefit-        preamble, and under the authority of 12
                                                                                                                                                               submissions (audio, video, etc.) must be
                                                 adjusted hourly wage of management occupations          U.S.C. 1817(a)(1), 1819 ‘‘Seventh’’ and
                                                 as of March 2018 is $124.13, and for financial                                                                accompanied by a written comment.
                                                                                                         ‘‘Tenth,’’ the Board of Directors of the
                                                 analysts is $84.47. Assuming the 1.5 hours are                                                                The written comment is considered the
                                                 equally divided between a manager and an analyst,       Federal Deposit Insurance Corporation                 official comment and should include
                                                 this yields a total cost of (0.75 * $124.13) + (0.75    proposes to remove 12 CFR part 350.                   discussion of all points you wish to
                                                 * $84.47) = $156.45.
                                                   Hourly wages are from the Bureau of Labor                                                                   make. EPA will generally not consider
                                                                                                         PART 350—DISCLOSURE OF
                                                 Statistics (BLS) May 2017 National Industry-                                                                  comments or comment contents located
                                                                                                         FINANCIAL AND OTHER
                                                 Specific Occupational Employment and Wage                                                                     outside of the primary submission (i.e.,
                                                 Estimates, https://www.bls.gov/oes/current/             INFORMATION BY FDIC-INSURED
                                                                                                                                                               on the web, cloud, or other file sharing
                                                 oessrci.htm. Wages are adjusted for inflation           STATE NONMEMBER BANKS                                 system). For additional submission
                                                 through March 2018 using the Seasonally Adjusted
                                                 All-items Consumer Price Index for All Urban                                                                  methods, please contact the person
                                                 Consumers, https://data.bls.gov/PDQWeb/cu. The          ■ 1. Part 350—[Removed and Reserved]                  identified in the FOR FURTHER
                                                 hourly wages are grossed-up to include benefits           Remove and reserve part 350                         INFORMATION CONTACT section. For the
                                                 based on Employer Cost for Employee
                                                 Compensation data as of March 2018, https://            consisting of §§ 350.1 through 350.12.                full EPA public comment policy,
                                                 www.bls.gov/news.release/pdf/ecec.pdf. March              Dated at Washington, DC, on October 17,
                                                                                                                                                               information about CBI or multimedia
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                                                 2018 is the latest available period of Employer Cost
                                                                                                         2018.
                                                                                                                                                               submissions, and general guidance on
                                                 for Employee Compensation data. The data on                                                                   making effective comments, please visit
                                                 hourly wages, inflation, and employer cost for            By order of the Board of Directors.
                                                 employee compensation was extracted on June 15,                                                               http://www2.epa.gov/dockets/
                                                                                                         Federal Deposit Insurance Corporation.
                                                 2018.                                                                                                         commenting-epa-dockets.
                                                   17 This equals 409 * $156.45, i.e., (2,725 * 0.15)    Robert E. Feldman,
                                                                                                                                                               FOR FURTHER INFORMATION CONTACT: Sam
                                                 * $156.45, rounded to the nearest dollar.               Executive Secretary.
                                                 Noninterest expenses are calculated from data
                                                                                                                                                               Portanova, Environmental Engineer, Air
                                                                                                         [FR Doc. 2018–23042 Filed 10–24–18; 8:45 am]          Permits Section, Air Programs Branch
                                                 reported in the June 30, 2018, Call Report, and
                                                 annualized.                                             BILLING CODE P                                        (AR–18J), Environmental Protection


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Document Created: 2018-10-25 01:43:05
Document Modified: 2018-10-25 01:43:05
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.
DatesComments must be received on or before November 26, 2018.
ContactRobert Storch, Chief Accountant, Division of Risk Management Supervision, (202) 898-8906 or [email protected]; Andrew Overton, Examination Specialist (Bank Accounting), Division of Risk Management Supervision, (202) 898-8922 or [email protected]; Michael Condon, Counsel, Legal Division, (202) 898- 6536 or [email protected]
FR Citation83 FR 53829 
RIN Number3064-AE65
CFR AssociatedAccounting; Banks; Banking and Reporting and Recordkeeping Requirements

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