Review by the Treasury Department of the Regulatory Structure Associated With Financial Institutions, 58939-58941 [E7-20433]

Download as PDF Federal Register / Vol. 72, No. 200 / Wednesday, October 17, 2007 / Notices Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: October 10, 2007. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E7–20280 Filed 10–16–07; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY sroberts on PROD1PC70 with NOTICES Departmental Offices; Debt Management Advisory Committee Meeting Notice is hereby given, pursuant to 5 U.S.C. App. 2, § 10(a)(2), that a meeting will be held at the Hay-Adams Hotel, 16th Street and Pennsylvania Avenue, NW., Washington, DC, on October 30, 2007 at 11:30 a.m. of the following debt management advisory committee: Treasury Borrowing Advisory Committee of The Securities Industry and Financial Markets Association. The agenda for the meeting provides for a charge by the Secretary of the Treasury or his designate that the Committee discuss particular issues, and a working session. Following the working session, the committee will present a written report of its recommendations. The meeting will be closed to the public, pursuant to 5 U.S.C. App. 2, § 10(d) and Public Law 103–202, § 202(c)(1)(B) (31 U.S.C. 3121 note). This notice shall constitute my determination, pursuant to the authority placed in heads of agencies by 5 U.S.C. App. 2, § 10(d) and vested in me by Treasury Department Order No. 101–05, that the meeting will consist of discussions and debates of the issues presented to the Committee by the Secretary of the Treasury and the making of recommendations of the Committee to the Secretary, pursuant to Public Law 103–202, § 202(c)(1)(B). Thus, this information is exempt from disclosure under that provision and 5 U.S.C. 552(b)(c)(3)(B). In addition, the meeting is concerned with information that is exempt from disclosure under 5 U.S.C. 552b(c)(9)(A). The public interest requires that such meetings be closed to the public because the Treasury Department requires frank and full advice from representatives of the financial community prior to making its final decisions on major financing operations. Historically, this advice has been offered by debt management advisory committees established by the several major segments of the financial VerDate Aug<31>2005 19:05 Oct 16, 2007 Jkt 214001 community. When so utilized, such a committee is recognized to be an advisory committee under 5 U.S.C. App. 2, § 3. Although the Treasury’s final announcement of financing plans may not reflect the recommendations provided in reports of the Committee, premature disclosure of the Committee’s deliberations and reports would be likely to lead to significant financial speculation in the securities market. Thus, this meeting falls within the exemption covered by 5 U.S.C. 552b(c)(9)(A). Treasury staff will provide a technical briefing to the press on the day before the Committee meeting, following the release of a statement of economic conditions, financing estimates and technical charts. This briefing will give the press an opportunity to ask questions about financing projections and technical charts. The day after the Committee meeting, Treasury will release the minutes of the meeting, any charts that were discussed at the meeting, and the Committee’s report to the Secretary. The Office of Debt Management is responsible for maintaining records of debt management advisory committee meetings and for providing annual reports setting forth a summary of Committee activities and such other matters as may be informative to the public consistent with the policy of 5 U.S.C. 552(b). The Designated Federal Officer or other responsible agency official who may be contacted for additional information is Karthik Ramanathan, Director, Office of Debt Management, at (202) 622–2042. Dated: October 10, 2007. Anthony W. Ryan, Assistant Secretary, Financial Markets. [FR Doc. 07–5106 Filed 10–16–07; 8:45 am] BILLING CODE 4810–25–M DEPARTMENT OF THE TREASURY Review by the Treasury Department of the Regulatory Structure Associated With Financial Institutions Department of the Treasury, Departmental Offices. ACTION: Notice; request for comments. AGENCY: SUMMARY: The Treasury Department is undertaking a broad review of the regulatory structure associated with financial institutions. To assist in this review and obtain a broad view of all perspectives, the Treasury Department is issuing this notice seeking public comment. PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 58939 Comments should be submitted electronically and received by Wednesday, November 21, 2007. ADDRESSES: Please submit comments electronically through the Federal eRulemaking Portal—‘‘Regulations.gov.’’ Go to https://www.regulations.gov, select ‘‘Department of the Treasury—All’’ from the agency drop-down menu, then click ‘‘Submit.’’ In the ‘‘Docket ID’’ column, select ‘‘TREAS–DO–2007–0018’’ to submit or view public comments and to view supporting and related materials for this notice. The ‘‘User Tips’’ link at the top of the Regulations.gov home page provides information on using Regulations.gov, including instructions for submitting or viewing public comments, viewing other supporting and related materials, and viewing the docket after the close of the comment period. Please include your name, affiliation, address, e-mail address and telephone number(s) in your comment. Where appropriate, comments should include a short Executive Summary (no more than five single-spaced pages). All statements, including attachments and other supporting materials, received are part of the public record and subject to public disclosure. You should submit only information that you wish to make available publicly. FOR FURTHER INFORMATION CONTACT: Jeffrey Stoltzfoos, Senior Advisor, Office of the Assistant Secretary for Financial Institutions, (202) 622–2610 or Mario Ugoletti, Director, Office of Financial Institutions Policy, (202) 622–2730 (not toll free numbers). SUPPLEMENTARY INFORMATION: The Treasury Department is currently engaged in a number of initiatives associated with maintaining the competitiveness of United States capital markets. One of those initiatives is evaluating the regulatory structure associated with financial institutions. The regulatory structure for financial institutions in the United States has served us well over the course of our history. Much of the basic regulatory structure associated with financial institutions was established decades ago. While there have been important changes over time in the way financial institutions have been regulated, the Treasury Department believes that it is important to continue to evaluate our regulatory structure and consider ways to improve efficiency, reduce overlap, strengthen consumer and investor protection, and ensure that financial institutions have the ability to adapt to evolving market dynamics, including the increasingly global nature of financial markets. DATES: E:\FR\FM\17OCN1.SGM 17OCN1 58940 Federal Register / Vol. 72, No. 200 / Wednesday, October 17, 2007 / Notices sroberts on PROD1PC70 with NOTICES The Treasury Department’s review of regulatory structure will focus on all types of financial institutions: Commercial banks and other insured depository institutions; insurance companies; securities firms; futures firms; and other types of financial intermediaries. The Treasury Department is soliciting comments to assist in this review. The Treasury Department would be particularly interested in comments on the specific questions set forth below, or on other issues related to the regulatory structure associated with financial institutions. We are also interested in specific ideas or recommendations as to how we can improve our current regulatory structure. I. General Issues 1.1 What are the key problems or issues that need to be addressed by our review of the current regulatory structure for financial institutions? 1.2 Over time, there has been an increasing convergence of products across the traditional ‘‘functional’’ regulatory lines of banking, insurance, securities, and futures. What do you view as the significant market developments over the past two decades (e.g. securitization, institutionalization, financial product innovation and globalization) and please describe what opportunities and/or pressures, if any, these developments have created in the regulation of financial institutions? 1.2.1 Does the ‘‘functional’’ regulatory framework under which banking, securities, insurance, and futures are primarily regulated by respective functional regulators lead to inefficiencies in the provision of financial services? 1.2.2 Does the ‘‘functional’’ regulatory framework pose difficulties for considering overall risk to the financial system? If so, to what extent have these difficulties been resolved through regulatory oversight at the holding company level? 1.2.3 Many countries have moved towards creating a single financial market regulator (e.g., United Kingdom’s Financial Services Authority; Japan’s Financial Services Agency; and Germany’s Federal Financial Supervisory Authority (BaFin)). Some countries (e.g., Australia and the Netherlands) have adopted a twin peaks model of regulation, separating prudential safety and soundness regulation and conduct-of-business regulation. What are the strengths and weaknesses of these structural approaches and their applicability in the United States? What ideas can be gleaned from these structures that VerDate Aug<31>2005 19:05 Oct 16, 2007 Jkt 214001 would improve U.S. capital market competitiveness? 1.3 What should be the key objectives of financial institution regulation? How could the framework for the regulation of financial institutions be more closely aligned with the objectives of regulation? Can our current regulatory framework be improved, especially in terms of imparting greater market discipline and providing a more cohesive look at overall financial system risk? If so, how can it be improved to achieve these goals? In regards to this set of questions, more specifically: 1.3.1 How should the regulation of financial institutions with explicit government guarantees differ from financial institutions without explicit guarantees? Is the current system adequate in this regard? 1.3.2 Is there a need for some type of market stability regulation for financial institutions without explicit Federal Government guarantees? If so, what would such regulation entail? 1.3.3 Does the current system of regulating certain financial institutions at the holding company level allow for sufficient amounts of market discipline? Are there ways to improve holding company regulation to allow for enhanced market discipline? 1.3.4 In recent years, debate has emerged about ‘‘more efficient’’ regulation and the possibility of adopting a ‘‘principles-based’’ approach to regulation, rather than a ‘‘rulesbased’’ approach. Others suggest that a proper balance between the two is essential. What are the strengths, weaknesses and feasibility of such approaches, and could a more ‘‘principles-based’’ approach improve U.S. competitiveness? 1.3.5 Would the U.S. financial regulatory structure benefit if there was a uniform set of basic principles of regulation that were agreed upon and adopted by each financial services regulator? 1.4 Does the current regulatory structure adequately address consumer or investor protection issues? If not, how could we improve our current regulatory structure to address these issues? 1.5 What role should the States have in the regulation of financial institutions? Is there a difference in the appropriate role of the States depending on financial system protection or consumer and investor protection aspects of regulation? 1.6 Europe is putting in place a more integrated single financial market under its Financial Services Action Plan. Many Asian countries as well are PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 developing their financial markets. Often, these countries or regions are doing so on the basis of widely adopted international regulatory standards. Global businesses often cite concerns about the costs associated with meeting diverse regulatory standards in the numerous countries in which they operate. To address these issues, some call for greater global regulatory convergence and others call for mutual recognition. To what extent should the design of regulatory initiatives in the United States be informed by the competitiveness of U.S. institutions and markets in the global marketplace? Would the U.S. economy and capital market competitiveness be better served by pursuing greater global regulatory convergence? II. Specific Issues 2.1 Depository Institutions 2.1.1 Are multiple charters for insured depository institutions the optimal way to achieve regulatory objectives? What are the strengths and weaknesses of having charters tied to specific activities or organizational structures? Are these distinctions as valid and important today as when these charters were granted? 2.1.2 What are the strengths and weaknesses of the dual banking system? 2.1.3 What is the optimal role for a deposit insurer in depository institution regulation and supervision? For example, should the insurer be the primary regulator for all insured depository institutions, should it have back-up regulatory authority, or should its functions be limited to the pricing of deposit insurance, or other functions? 2.1.4 What role should the central bank have in bank regulation and supervision? Is central bank regulatory authority necessary for the development of monetary policy? 2.1.5 Is the current framework for regulating bank or financial holding companies with depository institution subsidiaries appropriate? Are there other regulatory frameworks that could or should be considered to limit the transfer of the safety net associated with insured depository institutions? 2.1.6 What are the key consumer protection elements associated with products offered by depository institutions? What is the best regulatory enforcement mechanism for these elements? 2.2 Insurance 2.2.1 What are the costs and benefits of State-based regulation of the insurance industry? 2.2.2 What are the key Federal interests for establishing a presence or E:\FR\FM\17OCN1.SGM 17OCN1 Federal Register / Vol. 72, No. 200 / Wednesday, October 17, 2007 / Notices greater involvement in insurance regulation? What regulatory structure would best achieve these goals/ interests? 2.2.3 Should the States continue to have a role (or the sole role) in insurance regulation? Insurance regulation is already somewhat bifurcated between retail and wholesale companies (e.g., surplus lines carriers). Does the current structure work? How could that structure be improved? 2.2.4 States have taken an active role in some aspects of the insurance marketplace (e.g., workers’ compensation and residual markets for hard to place risks) for various policy reasons. Are these policy reasons still valid? Are these necessarily met through State (as opposed to federal) regulation? 2.3 Securities and Futures sroberts on PROD1PC70 with NOTICES 2.3.1 Is there a continued rationale for distinguishing between securities and futures products and their respective intermediaries? 2.3.2 Is there a continued rationale for having separate regulators for these types of financial products and institutions? 2.3.3 What type of regulation would be optimal for firms that provide financial services related to securities and futures products? Should this regulation be driven by the need to protect customers or by the broader issues of market integrity and financial system stability? 2.3.4 What is the optimal role for the states in securities and futures regulation? 2.3.5 What are the key consumer/ investor protection elements associated with products offered by securities and futures firms? Should there be a regulatory distinction among retail, institutional, wholesale, commercial, and hedging customers? 2.3.6 Would it be useful to apply some of the principles of the Commodity Futures Modernization Act of 2000 to the securities regulatory regime? Is a tiered system of regulation appropriate? Is it appropriate to make distinctions based on the relative sophistication of the market participants and/or the integrity of the market? Dated: October 11, 2007. Taiya Smith, Executive Secretary of the Treasury. [FR Doc. E7–20433 Filed 10–16–07; 8:45 am] BILLING CODE 4811–42–P VerDate Aug<31>2005 19:05 Oct 16, 2007 Jkt 214001 DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Taxpayer Assistance Center Committee of the Taxpayer Advocacy Panel Internal Revenue Service (IRS) Treasury. ACTION: Notice of meeting. AGENCY: SUMMARY: An open meeting of the Taxpayer Assistance Center Committee of the Taxpayer Advocacy Panel will be conducted (via teleconference). The Taxpayer Advocacy Panel (TAP) is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held Tuesday, November 20, 2007. FOR FURTHER INFORMATION CONTACT: Dave Coffman at 1–888–912–1227 or 206–220–6096. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Taxpayer Assistance Center Committee of the Taxpayer Advocacy Panel will be held Tuesday, November 20, 2007, from 10 to 11:30 a.m. Pacific Time via a telephone conference call. If you would like to have the TAP consider a written statement, please call 1–888–912–1227 or 206–220–6096, or write to Dave Coffman, TAP Office, 915 2nd Avenue, MS W–406, Seattle, WA 98174, or you can contact us at www.improveirs.org. Due to limited conference lines, notification of intent to participate in the telephone conference call meeting must be made with Dave Coffman. Mr. Coffman can be reached at 1–888–912– 1227 or 206–220–6096. The agenda will include the following: Various IRS issues. Dated: October 9, 2007. Sandra L. McQuin, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E7–20486 Filed 10–16–07; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF THE TREASURY Bureau of the Public Debt Proposed Collection: Comment Request Notice and request for comments. ACTION: SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 58941 burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104–13 (44 U.S.C. 3506(c)(2)(A). Currently the Bureau of the Public Debt within the Department of the Treasury is soliciting comments concerning the U.S. Treasury Auction Submitter Agreement. DATES: Written comments should be received on or before December 18, 2007, to be assured of consideration. ADDRESSES: Direct all written comments to Bureau of the Public Debt, Judi Owens, 200 Third Street, A4-A, Parkersburg, WV 26106–5312, or Judi.Owens@bpd.treas.gov. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Judi Owens, Bureau of the Public Debt, 200 Third Street, A4–A, Parkersburg, WV 26106– 5312, (304) 480–8150. SUPPLEMENTARY INFORMATION: Title: U.S. Treasury Auctions Submitter Agreement. OMB Number: 1535–0137. Form Number: PD F 5441. Abstract: The information is requested from entities wishing to participate in U.S. Treasury Securities Auctions via TAAPSLink. Current Actions: None. Type of Review: Extension. Affected Public: Depository Institutions, Brokers/Dealers, Assessment Management Companies, Pension Funds, and other Institutional Investors. Estimated Number of Respondents: 1000. Estimated Time Per Respondent: 5 minutes. Estimated Total Annual Burden Hours: 80. Request for Comments: Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection E:\FR\FM\17OCN1.SGM 17OCN1

Agencies

[Federal Register Volume 72, Number 200 (Wednesday, October 17, 2007)]
[Notices]
[Pages 58939-58941]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20433]


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

DEPARTMENT OF THE TREASURY


Review by the Treasury Department of the Regulatory Structure 
Associated With Financial Institutions

AGENCY: Department of the Treasury, Departmental Offices.

ACTION: Notice; request for comments.

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

SUMMARY: The Treasury Department is undertaking a broad review of the 
regulatory structure associated with financial institutions. To assist 
in this review and obtain a broad view of all perspectives, the 
Treasury Department is issuing this notice seeking public comment.

DATES: Comments should be submitted electronically and received by 
Wednesday, November 21, 2007.

ADDRESSES: Please submit comments electronically through the Federal 
eRulemaking Portal--``Regulations.gov.'' Go to https://
www.regulations.gov, select ``Department of the Treasury--All'' from 
the agency drop-down menu, then click ``Submit.'' In the ``Docket ID'' 
column, select ``TREAS-DO-2007-0018'' to submit or view public comments 
and to view supporting and related materials for this notice. The 
``User Tips'' link at the top of the Regulations.gov home page provides 
information on using Regulations.gov, including instructions for 
submitting or viewing public comments, viewing other supporting and 
related materials, and viewing the docket after the close of the 
comment period.
    Please include your name, affiliation, address, e-mail address and 
telephone number(s) in your comment. Where appropriate, comments should 
include a short Executive Summary (no more than five single-spaced 
pages). All statements, including attachments and other supporting 
materials, received are part of the public record and subject to public 
disclosure. You should submit only information that you wish to make 
available publicly.

FOR FURTHER INFORMATION CONTACT: Jeffrey Stoltzfoos, Senior Advisor, 
Office of the Assistant Secretary for Financial Institutions, (202) 
622-2610 or Mario Ugoletti, Director, Office of Financial Institutions 
Policy, (202) 622-2730 (not toll free numbers).

SUPPLEMENTARY INFORMATION: The Treasury Department is currently engaged 
in a number of initiatives associated with maintaining the 
competitiveness of United States capital markets. One of those 
initiatives is evaluating the regulatory structure associated with 
financial institutions.
    The regulatory structure for financial institutions in the United 
States has served us well over the course of our history. Much of the 
basic regulatory structure associated with financial institutions was 
established decades ago. While there have been important changes over 
time in the way financial institutions have been regulated, the 
Treasury Department believes that it is important to continue to 
evaluate our regulatory structure and consider ways to improve 
efficiency, reduce overlap, strengthen consumer and investor 
protection, and ensure that financial institutions have the ability to 
adapt to evolving market dynamics, including the increasingly global 
nature of financial markets.

[[Page 58940]]

    The Treasury Department's review of regulatory structure will focus 
on all types of financial institutions: Commercial banks and other 
insured depository institutions; insurance companies; securities firms; 
futures firms; and other types of financial intermediaries.
    The Treasury Department is soliciting comments to assist in this 
review. The Treasury Department would be particularly interested in 
comments on the specific questions set forth below, or on other issues 
related to the regulatory structure associated with financial 
institutions. We are also interested in specific ideas or 
recommendations as to how we can improve our current regulatory 
structure.

I. General Issues

    1.1 What are the key problems or issues that need to be addressed 
by our review of the current regulatory structure for financial 
institutions?
    1.2 Over time, there has been an increasing convergence of products 
across the traditional ``functional'' regulatory lines of banking, 
insurance, securities, and futures. What do you view as the significant 
market developments over the past two decades (e.g. securitization, 
institutionalization, financial product innovation and globalization) 
and please describe what opportunities and/or pressures, if any, these 
developments have created in the regulation of financial institutions?
    1.2.1 Does the ``functional'' regulatory framework under which 
banking, securities, insurance, and futures are primarily regulated by 
respective functional regulators lead to inefficiencies in the 
provision of financial services?
    1.2.2 Does the ``functional'' regulatory framework pose 
difficulties for considering overall risk to the financial system? If 
so, to what extent have these difficulties been resolved through 
regulatory oversight at the holding company level?
    1.2.3 Many countries have moved towards creating a single financial 
market regulator (e.g., United Kingdom's Financial Services Authority; 
Japan's Financial Services Agency; and Germany's Federal Financial 
Supervisory Authority (BaFin)). Some countries (e.g., Australia and the 
Netherlands) have adopted a twin peaks model of regulation, separating 
prudential safety and soundness regulation and conduct-of-business 
regulation. What are the strengths and weaknesses of these structural 
approaches and their applicability in the United States? What ideas can 
be gleaned from these structures that would improve U.S. capital market 
competitiveness?
    1.3 What should be the key objectives of financial institution 
regulation? How could the framework for the regulation of financial 
institutions be more closely aligned with the objectives of regulation? 
Can our current regulatory framework be improved, especially in terms 
of imparting greater market discipline and providing a more cohesive 
look at overall financial system risk? If so, how can it be improved to 
achieve these goals? In regards to this set of questions, more 
specifically:
    1.3.1 How should the regulation of financial institutions with 
explicit government guarantees differ from financial institutions 
without explicit guarantees? Is the current system adequate in this 
regard?
    1.3.2 Is there a need for some type of market stability regulation 
for financial institutions without explicit Federal Government 
guarantees? If so, what would such regulation entail?
    1.3.3 Does the current system of regulating certain financial 
institutions at the holding company level allow for sufficient amounts 
of market discipline? Are there ways to improve holding company 
regulation to allow for enhanced market discipline?
    1.3.4 In recent years, debate has emerged about ``more efficient'' 
regulation and the possibility of adopting a ``principles-based'' 
approach to regulation, rather than a ``rules-based'' approach. Others 
suggest that a proper balance between the two is essential. What are 
the strengths, weaknesses and feasibility of such approaches, and could 
a more ``principles-based'' approach improve U.S. competitiveness?
    1.3.5 Would the U.S. financial regulatory structure benefit if 
there was a uniform set of basic principles of regulation that were 
agreed upon and adopted by each financial services regulator?
    1.4 Does the current regulatory structure adequately address 
consumer or investor protection issues? If not, how could we improve 
our current regulatory structure to address these issues?
    1.5 What role should the States have in the regulation of financial 
institutions? Is there a difference in the appropriate role of the 
States depending on financial system protection or consumer and 
investor protection aspects of regulation?
    1.6 Europe is putting in place a more integrated single financial 
market under its Financial Services Action Plan. Many Asian countries 
as well are developing their financial markets. Often, these countries 
or regions are doing so on the basis of widely adopted international 
regulatory standards. Global businesses often cite concerns about the 
costs associated with meeting diverse regulatory standards in the 
numerous countries in which they operate. To address these issues, some 
call for greater global regulatory convergence and others call for 
mutual recognition. To what extent should the design of regulatory 
initiatives in the United States be informed by the competitiveness of 
U.S. institutions and markets in the global marketplace? Would the U.S. 
economy and capital market competitiveness be better served by pursuing 
greater global regulatory convergence?

II. Specific Issues

2.1 Depository Institutions

    2.1.1 Are multiple charters for insured depository institutions the 
optimal way to achieve regulatory objectives? What are the strengths 
and weaknesses of having charters tied to specific activities or 
organizational structures? Are these distinctions as valid and 
important today as when these charters were granted?
    2.1.2 What are the strengths and weaknesses of the dual banking 
system?
    2.1.3 What is the optimal role for a deposit insurer in depository 
institution regulation and supervision? For example, should the insurer 
be the primary regulator for all insured depository institutions, 
should it have back-up regulatory authority, or should its functions be 
limited to the pricing of deposit insurance, or other functions?
    2.1.4 What role should the central bank have in bank regulation and 
supervision? Is central bank regulatory authority necessary for the 
development of monetary policy?
    2.1.5 Is the current framework for regulating bank or financial 
holding companies with depository institution subsidiaries appropriate? 
Are there other regulatory frameworks that could or should be 
considered to limit the transfer of the safety net associated with 
insured depository institutions?
    2.1.6 What are the key consumer protection elements associated with 
products offered by depository institutions? What is the best 
regulatory enforcement mechanism for these elements?

2.2 Insurance

    2.2.1 What are the costs and benefits of State-based regulation of 
the insurance industry?
    2.2.2 What are the key Federal interests for establishing a 
presence or

[[Page 58941]]

greater involvement in insurance regulation? What regulatory structure 
would best achieve these goals/interests?
    2.2.3 Should the States continue to have a role (or the sole role) 
in insurance regulation? Insurance regulation is already somewhat 
bifurcated between retail and wholesale companies (e.g., surplus lines 
carriers). Does the current structure work? How could that structure be 
improved?
    2.2.4 States have taken an active role in some aspects of the 
insurance marketplace (e.g., workers' compensation and residual markets 
for hard to place risks) for various policy reasons. Are these policy 
reasons still valid? Are these necessarily met through State (as 
opposed to federal) regulation?

2.3 Securities and Futures

    2.3.1 Is there a continued rationale for distinguishing between 
securities and futures products and their respective intermediaries?
    2.3.2 Is there a continued rationale for having separate regulators 
for these types of financial products and institutions?
    2.3.3 What type of regulation would be optimal for firms that 
provide financial services related to securities and futures products? 
Should this regulation be driven by the need to protect customers or by 
the broader issues of market integrity and financial system stability?
    2.3.4 What is the optimal role for the states in securities and 
futures regulation?
    2.3.5 What are the key consumer/investor protection elements 
associated with products offered by securities and futures firms? 
Should there be a regulatory distinction among retail, institutional, 
wholesale, commercial, and hedging customers?
    2.3.6 Would it be useful to apply some of the principles of the 
Commodity Futures Modernization Act of 2000 to the securities 
regulatory regime? Is a tiered system of regulation appropriate? Is it 
appropriate to make distinctions based on the relative sophistication 
of the market participants and/or the integrity of the market?

    Dated: October 11, 2007.
Taiya Smith,
Executive Secretary of the Treasury.
 [FR Doc. E7-20433 Filed 10-16-07; 8:45 am]
BILLING CODE 4811-42-P
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