List of Office of Thrift Supervision Regulations to be Enforced by the Office of the Comptroller of the Currency and the Federal Deposit Insurance Corporation Pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act, 39246-39248 [2011-16875]
Download as PDF
39246
Federal Register / Vol. 76, No. 129 / Wednesday, July 6, 2011 / Rules and Regulations
General Counsel’s Web site (https://
www.gc.doe.gov).
DOE reviewed today’s direct final rule
and corresponding NOPR pursuant to
the Regulatory Flexibility Act and the
procedures and policies published on
February 19, 2003. 68 FR 7990. Set forth
below is DOE’s initial regulatory
flexibility analysis for the standards
proposed in the NOPR, published
elsewhere in today’s Federal Register.
DOE will consider any comments on the
analysis or economic impacts of the rule
in determining whether to proceed with
the direct final rule. DOE will publish
its final regulatory flexibility analysis
(FRFA), including responses to any
comments received, in a separate notice
at the conclusion of the 110-day
comment period. A description of the
reasons why DOE is adopting the
standards in this rule and the objectives
of and legal basis for the rule are set
forth elsewhere in the preamble and not
repeated here.
Issued in Washington, DC, on June 29,
2011.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Office of Technology
Development, Energy Efficiency and
Renewable Energy.
[FR Doc. 2011–16884 Filed 7–5–11; 8:45 am]
BILLING CODE 6450–01–P
and also transfers to the OCC
rulemaking authority of the OTS and the
Director of the OTS, respectively,
relating to all savings associations.
Functions of the OTS relating to State
savings associations are transferred to
the FDIC. Section 316(c) of the Act
requires the OCC and the FDIC, after
consultation with one another, to
identify those regulations of the OTS
that are continued under Section 316(b)
of the Act that the OCC, with respect to
Federal savings associations, and the
FDIC, with respect to State savings
associations, will enforce, and to
publish a list of those regulations in the
Federal Register. This joint notice sets
out the required lists of both the OCC
and the FDIC.
FOR FURTHER INFORMATION CONTACT:
OCC: Andra Shuster, Senior Counsel,
Heidi Thomas, Special Counsel, or Mary
Gottlieb, Regulatory Specialist,
Legislative and Regulatory Activities
Division, (202) 874–5090, Office of the
Comptroller of the Currency, 250 E
Street, SW., Washington, DC 20219.
FDIC: Ann Johnson Taylor, Counsel,
(202) 898–3573; Rodney D. Ray,
Counsel, (202) 898–3556; or Martin P.
Thompson, Senior Review Examiner,
(202) 898–6767, Federal Deposit
Insurance Corporation, 550 17 St. NW.,
Washington, DC 20429.
The Act,
signed into law on July 21, 2010,1
transfers all functions of the OTS and
the Director as well as all of the powers,
authorities, rights, and duties vested in
the OTS and the Director of the OTS
relating to the transferred functions to
the OCC, FDIC and the Board of
Governors of the Federal Reserve
System (the Board). All functions,
powers, authorities, rights, and duties
relating to Federal savings associations
are transferred to the OCC and the
Comptroller of the Currency; all
functions, powers, authorities, rights,
and duties relating to State savings
associations are transferred to the FDIC;
and all functions, powers, authorities,
rights, and duties relating to the
supervision of savings and loan holding
companies (SLHCs) and any
subsidiaries of such SLHCs other than
depository institutions are transferred to
the Board. The Act transfers rulemaking
authority of the OTS and the Director of
the OTS relating to savings associations
to the OCC and the Comptroller of the
Currency, and transfers rulemaking
authority of the OTS and the Director of
the OTS relating to SLHCs to the
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
12 CFR Chapter I
[Docket ID OCC–2011–0017]
FEDERAL DEPOSIT INSURANCE
CORPORATION
12 CFR Chapter III
RIN 3064–ZA01
List of Office of Thrift Supervision
Regulations to be Enforced by the
Office of the Comptroller of the
Currency and the Federal Deposit
Insurance Corporation Pursuant to the
Dodd-Frank Wall Street Reform and
Consumer Protection Act
Office of the Comptroller of the
Currency, Treasury (OCC); Federal
Deposit Insurance Corporation (FDIC).
ACTION: Joint notice.
mstockstill on DSK4VPTVN1PROD with RULES
AGENCY:
The Dodd-Frank Wall Street
Reform and Consumer Protection Act
(Act), transfers to the OCC the functions
of the Office of Thrift Supervision (OTS)
relating to Federal savings associations
SUMMARY:
VerDate Mar<15>2010
17:43 Jul 05, 2011
Jkt 223001
1 Public Law 111–203, 124 Stat. 1376 (July 21,
2010).
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
Board.2 The transfer of OTS functions
will take place on July 21, 2011. The Act
abolishes the OTS 90 days after the
transfer date.
Section 316(b) of the Act provides for
the continuation of OTS regulations and
enforcement of such regulations that
have been issued in performance of the
functions transferred by Title III of the
Act. Section 316(c) of the Act requires
the OCC and FDIC, after consultation
with each other, to identify those
regulations of the OTS that are
continued under Section 316(b) of the
Act that will be enforced by each agency
and publish a list of those regulations in
the Federal Register.3 This list must be
published no later than the transfer
date.
This joint notice sets out both the
OCC’s and the FDIC’s lists of OTS
regulations that each agency will
enforce beginning on the transfer date:
The OCC, with respect to Federal
savings associations; and the FDIC, with
respect to State savings associations.4
This joint notice is not intended to have
any substantive effect on the regulations
at issue; rather it provides a reference
for Federal savings associations that will
be regulated and supervised by the OCC
beginning on the transfer date and for
State savings associations that will be
regulated and supervised by the FDIC
beginning on the transfer date.5
Separately, the OCC also plans to issue
an interim final rule with a request for
comment, effective on the transfer date,
that republishes those OTS regulations
the OCC will enforce as of the transfer
date. These regulations will be added to
Chapter I of Title 12 of the Code of
Federal Regulations and renumbered
accordingly as OCC rules, with
nomenclature and other technical
amendments to reflect OCC supervision.
The OCC will consider more
comprehensive substantive amendments
to former OTS regulations, as
2 Section 312(c) of the Act designated the FDIC as
the ‘‘appropriate Federal banking agency’’ for State
savings associations. Under those statutes (and
others using similar terminology) for which the
‘‘appropriate Federal banking agency’’ is authorized
to issue regulations, the FDIC will issue regulations
for State savings associations.
3 Separately, the Act requires the Board to
identify the OTS regulations continued under
Section 316(b) that the Board will enforce after the
transfer date and to publish a list in the Federal
Register.
4 As set out in the tables below, certain provisions
have been excluded because they relate to the
supervision of SLHCs, which will be supervised by
the Board, or are superseded by the Act.
5 Further, publication of this list should not be
construed to restrict the OCC or the FDIC from
enforcing violations of OTS regulations by Federal
savings associations or State savings associations,
respectively, that occurred prior to the transfer date.
E:\FR\FM\06JYR1.SGM
06JYR1
Federal Register / Vol. 76, No. 129 / Wednesday, July 6, 2011 / Rules and Regulations
appropriate, with the opportunity for
public comment, after the transfer date.6
On June 14, 2011, the FDIC’s Board of
Directors approved an interim rule with
request for comment to revise a number
of existing FDIC administrative and
procedural rules to reflect the FDIC’s
supervision of State savings associations
and to make other clarifying
amendments to those rules.7 This
interim rule, which was published in
the Federal Register on June 21, 2011,
will be effective on the transfer date.
The FDIC plans to issue a second
interim rule with a request for comment,
also effective on the transfer date, which
will republish certain OTS rules for
which the FDIC has rulemaking
authority. These regulations will be
renumbered and added to Chapter III of
39247
Title 12 of the Code of Federal
Regulations with nomenclature and
other technical amendments. After the
transfer date, and with the opportunity
for public comment, the FDIC will
consider incorporating these rules into
its existing rules, amending them in a
more substantive manner, or rescinding
them, as appropriate.
OTS REGULATIONS THAT WILL BE ENFORCED BY THE OCC—TITLE 12
Part or section
Chapter V—Office of Thrift Supervision, Department of the Treasury
mstockstill on DSK4VPTVN1PROD with RULES
Part 508 ..............................................................
Part 509 (except 509.100(b) and Subparts C
and D).
Part 512 ..............................................................
Part 516 ..............................................................
Part 528 ..............................................................
Part 533 ..............................................................
Part 536 ..............................................................
Part 541 ..............................................................
Part 543 ..............................................................
Part 544 ..............................................................
Part 545 (except 545.2) ......................................
Part 546 ..............................................................
Part 550 (except 550.10(b)) ...............................
Part 551 ..............................................................
Part 552 ..............................................................
Part 555 (except 555.310(b)) .............................
Part 557 (except 557.11, 12 and 13) .................
Part 559 ..............................................................
Part 560 8 (except 560.2) ....................................
Part 561 ..............................................................
Part 562 (except 562.4(b)(2)) .............................
Part 563 9 (except 563.171, and 563.172(b)(2))
Part 563b ............................................................
Part 563c ............................................................
Part 563d ............................................................
Part 563e ............................................................
Part 563f .............................................................
Part 563g ............................................................
Part 564 ..............................................................
Part 565 ..............................................................
Part 567 ..............................................................
Part 568 ..............................................................
Part 569 ..............................................................
Part 570 ..............................................................
Part 571 10 ...........................................................
Part 572 ..............................................................
Part 573 11 ...........................................................
Part 574 (except provisions only applicable to
SLHCs).
Part 590 ..............................................................
Part 591 ..............................................................
6 The OCC also has issued a notice of proposed
rulemaking to revise a number of OCC regulations
to reflect the OCC’s supervision of Federal savings
associations and other changes necessitated by the
Act. 76 FR 30557 (May 26, 2011).
7 76 FR 35963 (June 21, 2011).
8 Pursuant to section 1025 of the Act, with respect
to subpart C, the OCC will enforce this rule for
Federal savings associations with assets of $10
billion or less. The Consumer Financial Protection
Bureau will enforce subpart C of this rule for
institutions with assets of more than $10 billion.
9 Pursuant to section 1025 of the Act, with respect
to subpart D, the OCC will enforce this rule for
Federal savings associations with assets of $10
billion or less. The Consumer Financial Protection
Bureau will enforce subpart D of this rule for
institutions with assets of more than $10 billion.
VerDate Mar<15>2010
17:43 Jul 05, 2011
Jkt 223001
Removals, Suspensions and Prohibitions where a Crime is Charged.
Rules of Practice and Procedure in Adjudicatory Proceedings.
Rules for Investigative Proceedings and Formal Examination Proceedings.
Application Processing Procedure.
Nondiscrimination Requirements.
Disclosure and Reporting of CRA-related Agreements.
Consumer Protection in Sales of Insurance.
Definitions for Federal Savings Association Regulations.
Federal Mutual Savings Associations—Incorporation, Organization and Conversion.
Federal Mutual Savings Associations—Charter and Bylaws.
Federal Savings Associations—Operations.
Federal Mutual Savings Associations—Merger, Dissolution, Reorganization, and Conversion.
Fiduciary Powers of Savings Associations.
Recordkeeping for Securities Transactions.
Federal Stock Associations—Incorporation, Organization, and Conversion.
Electronic Operations.
Deposits.
Subordinate Organizations.
Lending and Investment.
Definitions for Regulations Affecting All Savings Associations.
Regulatory Reporting Standards.
Savings Associations—Operations.
Conversions from Mutual to Stock Form.
Accounting Requirements.
Securities of Savings Associations.
Community Reinvestment.
Management Official Interlocks.
Securities Offerings.
Appraisals.
Prompt Corrective Action.
Capital.
Security Procedures.
Proxies.
Safety and Soundness Guidelines Establishing Standards for Safety and Soundness.
Fair Credit Reporting.
Loans in Areas Having Special Flood Hazards.
Privacy of Consumer Information.
Acquisition of Control of Savings Associations.
Preemption of State Usury Laws.
Preemption of Due-on-Sale Laws.
10 With respect to § 571.83 and subpart J, the OCC
will enforce this rule for all Federal savings
associations. Pursuant to section 1025 of the Act,
with respect to the remaining provisions of part
571, the OCC will enforce this rule for Federal
savings associations with assets of $10 billion or
less and the Consumer Financial Protection Bureau
will enforce this rule for institutions with assets of
more than $10 billion.
11 Pursuant to section 1025 of the Act, the OCC
will enforce this rule for Federal savings
associations with assets of $10 billion or less. The
Consumer Financial Protection Bureau will enforce
this rule for institutions with assets of more than
$10 billion.
12 Pursuant to section 1025 of the Dodd-Frank
Act, the FDIC will enforce subpart D of this rule for
State savings associations with assets of $10 billion
or less. The Consumer Financial Protection Bureau
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
will enforce this rule for institutions with assets of
more than $10 billion.
13 With respect to § 571.83 and subpart J, the FDIC
will enforce this rule for all State savings
associations. Pursuant to section 1025 of the DoddFrank Act, with respect to the remaining provisions
of part 571, the FDIC will enforce this rule for State
savings associations with assets of $10 billion or
less, and the Consumer Financial Protection Bureau
will enforce this rule for institutions with assets of
more than $10 billion.
14 Pursuant to section 1025 of the Dodd-Frank
Act, the FDIC will enforce this rule for State savings
associations with assets of $10 billion or less. The
Consumer Financial Protection Bureau will enforce
this rule for institutions with assets of more than
$10 billion.
E:\FR\FM\06JYR1.SGM
06JYR1
39248
Federal Register / Vol. 76, No. 129 / Wednesday, July 6, 2011 / Rules and Regulations
OTS REGULATIONS THAT WILL BE ENFORCED BY THE FDIC—TITLE 12
Part or section
Chapter V—Office of Thrift Supervision, Department of the Treasury
Part 507 (except 507.3(b)) .................................
Part 508 ..............................................................
Part 509 (except 509.1(e)(3), 509.100(b),
509.103(b)(2), and Subparts C and D).
Part 512 ..............................................................
Part 513 ..............................................................
Part 516 (except 516.45(a)(3), and 516.290(b))
Part 528 ..............................................................
Part 533 (except 533.1(b)(2) and 533.10) ..........
Part 536 ..............................................................
Part 550 (only 550.10(b)) ...................................
Part 551 ..............................................................
Part 555 (only Subpart B, except 555.310(b)) ...
Part 557 (only Subpart C) ..................................
Part 558 ..............................................................
Part 559 (only Subpart B) ...................................
Part 560 (only 560.1, 560.3 and Subpart B) ......
Part 561 (except 561.18(b) and 561.34) ............
Part 562 (except 562.4(b)(2)) .............................
Part 563 12 (except 563.161 as to service corporations,
563.172(b)(1),
563.180(d)(4),
563.555 (definition of ‘‘Troubled condition’’
(2)).
Part 563b ............................................................
Part 563c ............................................................
Part 563d (except 563d.2) ..................................
Part 563e ............................................................
Part 563f (except 563f.2(o)(1)) ...........................
Part 563g ............................................................
Part 564 ..............................................................
Part 565 (except 565.5(h)) .................................
Part 567 ..............................................................
Part 568 ..............................................................
Part 569 ..............................................................
Part 570 ..............................................................
Part 57113 (except 571.30(a)(1)(iii), (iv), and (v))
Part 572 ..............................................................
Part 573 14 ...........................................................
Part 574 (except provisions applicable to
SLHCs).
Part 590 ..............................................................
Part 591 ..............................................................
Restrictions on Post-Employment Activities of Senior Examiners.
Removals, Suspensions and Prohibitions where a Crime is Charged.
Rules of Practice and Procedure in Adjudicatory Proceedings.
Rules for Investigative Proceedings and Formal Examination Proceedings.
Practice Before the Office.
Application Processing Procedure.
Nondiscrimination Requirements.
Disclosure and Reporting of CRA-related Agreements.
Consumer Protection in Sales of Insurance.
Fiduciary Powers of Savings Associations.
Recordkeeping for Securities Transactions.
Electronic Operations.
Deposits.
Possession by Conservators and Receivers for Federal and State Savings Associations.
Subordinate Organizations.
Lending and Investment.
Definitions for Regulations Affecting All Savings Associations.
Regulatory Reporting Standards.
Savings Associations—Operations.
Conversions from Mutual to Stock Form.
Accounting Requirements.
Securities of Savings Associations.
Community Reinvestment.
Management Official Interlocks.
Securities Offerings.
Appraisals.
Prompt Corrective Action.
Capital.
Security Procedures.
Proxies.
Safety and Soundness Guidelines Establishing Standards for Safety and Soundness.
Fair Credit Reporting.
Loans in Areas Having Special Flood Hazards.
Privacy of Consumer Information.
Acquisition of Control of Savings Associations.
Preemption of State Usury Laws.
Preemption of Due-on-Sale Laws.
Dated: June 15, 2011.
John Walsh,
Acting Comptroller of the Currency.
By order of the Board of Directors.
Dated at Washington, DC, this 14th day of
June, 2011.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
DEPARTMENT OF TRANSPORTATION
[FR Doc. 2011–16875 Filed 7–5–11; 8:45 am]
Airworthiness Directives; Airbus Model
A300 B4–600, B4–600R, and F4–600R
Series Airplanes, and Model C4–605R
Variant F Airplanes (Collectively Called
A300–600 Series Airplanes); and Model
A310 Series Airplanes
mstockstill on DSK4VPTVN1PROD with RULES
BILLING CODE 4810–33–P; 6714–01–P
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2010–1197; Directorate
Identifier 2010–NM–044–AD; Amendment
39–16736; AD 2011–14–01]
RIN 2120–AA64
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for the
SUMMARY:
VerDate Mar<15>2010
17:43 Jul 05, 2011
Jkt 223001
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
An operator of an A300–600 aeroplane
reported finding a cracked pylon fuel drain
pipe on engine #1. * * *
* * * The pipe drains the double wall of
the wing-to-pylon junction in the event of
fuel leakage.
After investigation, it was concluded that
the damage of the pylon fuel drain pipe had
been caused by chafing of the pipe against
over-length screws that had been installed in
accordance with the Illustrated Parts
Catalogue (IPC) during a maintenance phase
of the Lower Aft Pylon Fairing (LAPF).
This condition, if not detected and
corrected, could, in combination with fuel
leakage in the pylon, lead to an accumulation
of fuel in the lowest point of the LAPF. As
high temperatures are present within the
E:\FR\FM\06JYR1.SGM
06JYR1
Agencies
[Federal Register Volume 76, Number 129 (Wednesday, July 6, 2011)]
[Rules and Regulations]
[Pages 39246-39248]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16875]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
12 CFR Chapter I
[Docket ID OCC-2011-0017]
FEDERAL DEPOSIT INSURANCE CORPORATION
12 CFR Chapter III
RIN 3064-ZA01
List of Office of Thrift Supervision Regulations to be Enforced
by the Office of the Comptroller of the Currency and the Federal
Deposit Insurance Corporation Pursuant to the Dodd-Frank Wall Street
Reform and Consumer Protection Act
AGENCY: Office of the Comptroller of the Currency, Treasury (OCC);
Federal Deposit Insurance Corporation (FDIC).
ACTION: Joint notice.
-----------------------------------------------------------------------
SUMMARY: The Dodd-Frank Wall Street Reform and Consumer Protection Act
(Act), transfers to the OCC the functions of the Office of Thrift
Supervision (OTS) relating to Federal savings associations and also
transfers to the OCC rulemaking authority of the OTS and the Director
of the OTS, respectively, relating to all savings associations.
Functions of the OTS relating to State savings associations are
transferred to the FDIC. Section 316(c) of the Act requires the OCC and
the FDIC, after consultation with one another, to identify those
regulations of the OTS that are continued under Section 316(b) of the
Act that the OCC, with respect to Federal savings associations, and the
FDIC, with respect to State savings associations, will enforce, and to
publish a list of those regulations in the Federal Register. This joint
notice sets out the required lists of both the OCC and the FDIC.
FOR FURTHER INFORMATION CONTACT: OCC: Andra Shuster, Senior Counsel,
Heidi Thomas, Special Counsel, or Mary Gottlieb, Regulatory Specialist,
Legislative and Regulatory Activities Division, (202) 874-5090, Office
of the Comptroller of the Currency, 250 E Street, SW., Washington, DC
20219.
FDIC: Ann Johnson Taylor, Counsel, (202) 898-3573; Rodney D. Ray,
Counsel, (202) 898-3556; or Martin P. Thompson, Senior Review Examiner,
(202) 898-6767, Federal Deposit Insurance Corporation, 550 17 St. NW.,
Washington, DC 20429.
SUPPLEMENTARY INFORMATION: The Act, signed into law on July 21,
2010,\1\ transfers all functions of the OTS and the Director as well as
all of the powers, authorities, rights, and duties vested in the OTS
and the Director of the OTS relating to the transferred functions to
the OCC, FDIC and the Board of Governors of the Federal Reserve System
(the Board). All functions, powers, authorities, rights, and duties
relating to Federal savings associations are transferred to the OCC and
the Comptroller of the Currency; all functions, powers, authorities,
rights, and duties relating to State savings associations are
transferred to the FDIC; and all functions, powers, authorities,
rights, and duties relating to the supervision of savings and loan
holding companies (SLHCs) and any subsidiaries of such SLHCs other than
depository institutions are transferred to the Board. The Act transfers
rulemaking authority of the OTS and the Director of the OTS relating to
savings associations to the OCC and the Comptroller of the Currency,
and transfers rulemaking authority of the OTS and the Director of the
OTS relating to SLHCs to the Board.\2\ The transfer of OTS functions
will take place on July 21, 2011. The Act abolishes the OTS 90 days
after the transfer date.
---------------------------------------------------------------------------
\1\ Public Law 111-203, 124 Stat. 1376 (July 21, 2010).
\2\ Section 312(c) of the Act designated the FDIC as the
``appropriate Federal banking agency'' for State savings
associations. Under those statutes (and others using similar
terminology) for which the ``appropriate Federal banking agency'' is
authorized to issue regulations, the FDIC will issue regulations for
State savings associations.
---------------------------------------------------------------------------
Section 316(b) of the Act provides for the continuation of OTS
regulations and enforcement of such regulations that have been issued
in performance of the functions transferred by Title III of the Act.
Section 316(c) of the Act requires the OCC and FDIC, after consultation
with each other, to identify those regulations of the OTS that are
continued under Section 316(b) of the Act that will be enforced by each
agency and publish a list of those regulations in the Federal
Register.\3\ This list must be published no later than the transfer
date.
---------------------------------------------------------------------------
\3\ Separately, the Act requires the Board to identify the OTS
regulations continued under Section 316(b) that the Board will
enforce after the transfer date and to publish a list in the Federal
Register.
---------------------------------------------------------------------------
This joint notice sets out both the OCC's and the FDIC's lists of
OTS regulations that each agency will enforce beginning on the transfer
date: The OCC, with respect to Federal savings associations; and the
FDIC, with respect to State savings associations.\4\ This joint notice
is not intended to have any substantive effect on the regulations at
issue; rather it provides a reference for Federal savings associations
that will be regulated and supervised by the OCC beginning on the
transfer date and for State savings associations that will be regulated
and supervised by the FDIC beginning on the transfer date.\5\
Separately, the OCC also plans to issue an interim final rule with a
request for comment, effective on the transfer date, that republishes
those OTS regulations the OCC will enforce as of the transfer date.
These regulations will be added to Chapter I of Title 12 of the Code of
Federal Regulations and renumbered accordingly as OCC rules, with
nomenclature and other technical amendments to reflect OCC supervision.
The OCC will consider more comprehensive substantive amendments to
former OTS regulations, as
[[Page 39247]]
appropriate, with the opportunity for public comment, after the
transfer date.\6\
---------------------------------------------------------------------------
\4\ As set out in the tables below, certain provisions have been
excluded because they relate to the supervision of SLHCs, which will
be supervised by the Board, or are superseded by the Act.
\5\ Further, publication of this list should not be construed to
restrict the OCC or the FDIC from enforcing violations of OTS
regulations by Federal savings associations or State savings
associations, respectively, that occurred prior to the transfer
date.
\6\ The OCC also has issued a notice of proposed rulemaking to
revise a number of OCC regulations to reflect the OCC's supervision
of Federal savings associations and other changes necessitated by
the Act. 76 FR 30557 (May 26, 2011).
---------------------------------------------------------------------------
On June 14, 2011, the FDIC's Board of Directors approved an interim
rule with request for comment to revise a number of existing FDIC
administrative and procedural rules to reflect the FDIC's supervision
of State savings associations and to make other clarifying amendments
to those rules.\7\ This interim rule, which was published in the
Federal Register on June 21, 2011, will be effective on the transfer
date. The FDIC plans to issue a second interim rule with a request for
comment, also effective on the transfer date, which will republish
certain OTS rules for which the FDIC has rulemaking authority. These
regulations will be renumbered and added to Chapter III of Title 12 of
the Code of Federal Regulations with nomenclature and other technical
amendments. After the transfer date, and with the opportunity for
public comment, the FDIC will consider incorporating these rules into
its existing rules, amending them in a more substantive manner, or
rescinding them, as appropriate.
---------------------------------------------------------------------------
\7\ 76 FR 35963 (June 21, 2011).
\8\ Pursuant to section 1025 of the Act, with respect to subpart
C, the OCC will enforce this rule for Federal savings associations
with assets of $10 billion or less. The Consumer Financial
Protection Bureau will enforce subpart C of this rule for
institutions with assets of more than $10 billion.
\9\ Pursuant to section 1025 of the Act, with respect to subpart
D, the OCC will enforce this rule for Federal savings associations
with assets of $10 billion or less. The Consumer Financial
Protection Bureau will enforce subpart D of this rule for
institutions with assets of more than $10 billion.
\10\ With respect to Sec. 571.83 and subpart J, the OCC will
enforce this rule for all Federal savings associations. Pursuant to
section 1025 of the Act, with respect to the remaining provisions of
part 571, the OCC will enforce this rule for Federal savings
associations with assets of $10 billion or less and the Consumer
Financial Protection Bureau will enforce this rule for institutions
with assets of more than $10 billion.
\11\ Pursuant to section 1025 of the Act, the OCC will enforce
this rule for Federal savings associations with assets of $10
billion or less. The Consumer Financial Protection Bureau will
enforce this rule for institutions with assets of more than $10
billion.
\12\ Pursuant to section 1025 of the Dodd-Frank Act, the FDIC
will enforce subpart D of this rule for State savings associations
with assets of $10 billion or less. The Consumer Financial
Protection Bureau will enforce this rule for institutions with
assets of more than $10 billion.
\13\ With respect to Sec. 571.83 and subpart J, the FDIC will
enforce this rule for all State savings associations. Pursuant to
section 1025 of the Dodd-Frank Act, with respect to the remaining
provisions of part 571, the FDIC will enforce this rule for State
savings associations with assets of $10 billion or less, and the
Consumer Financial Protection Bureau will enforce this rule for
institutions with assets of more than $10 billion.
\14\ Pursuant to section 1025 of the Dodd-Frank Act, the FDIC
will enforce this rule for State savings associations with assets of
$10 billion or less. The Consumer Financial Protection Bureau will
enforce this rule for institutions with assets of more than $10
billion.
OTS Regulations That Will Be Enforced by the OCC--Title 12
----------------------------------------------------------------------------------------------------------------
Chapter V--Office of Thrift Supervision, Department of the
Part or section Treasury
----------------------------------------------------------------------------------------------------------------
Part 508.................................... Removals, Suspensions and Prohibitions where a Crime is Charged.
Part 509 (except 509.100(b) and Subparts C Rules of Practice and Procedure in Adjudicatory Proceedings.
and D).
Part 512.................................... Rules for Investigative Proceedings and Formal Examination
Proceedings.
Part 516.................................... Application Processing Procedure.
Part 528.................................... Nondiscrimination Requirements.
Part 533.................................... Disclosure and Reporting of CRA-related Agreements.
Part 536.................................... Consumer Protection in Sales of Insurance.
Part 541.................................... Definitions for Federal Savings Association Regulations.
Part 543.................................... Federal Mutual Savings Associations--Incorporation, Organization
and Conversion.
Part 544.................................... Federal Mutual Savings Associations--Charter and Bylaws.
Part 545 (except 545.2)..................... Federal Savings Associations--Operations.
Part 546.................................... Federal Mutual Savings Associations--Merger, Dissolution,
Reorganization, and Conversion.
Part 550 (except 550.10(b))................. Fiduciary Powers of Savings Associations.
Part 551.................................... Recordkeeping for Securities Transactions.
Part 552.................................... Federal Stock Associations--Incorporation, Organization, and
Conversion.
Part 555 (except 555.310(b))................ Electronic Operations.
Part 557 (except 557.11, 12 and 13)......... Deposits.
Part 559.................................... Subordinate Organizations.
Part 560 \8\ (except 560.2)................. Lending and Investment.
Part 561.................................... Definitions for Regulations Affecting All Savings Associations.
Part 562 (except 562.4(b)(2))............... Regulatory Reporting Standards.
Part 563 \9\ (except 563.171, and Savings Associations--Operations.
563.172(b)(2)).
Part 563b................................... Conversions from Mutual to Stock Form.
Part 563c................................... Accounting Requirements.
Part 563d................................... Securities of Savings Associations.
Part 563e................................... Community Reinvestment.
Part 563f................................... Management Official Interlocks.
Part 563g................................... Securities Offerings.
Part 564.................................... Appraisals.
Part 565.................................... Prompt Corrective Action.
Part 567.................................... Capital.
Part 568.................................... Security Procedures.
Part 569.................................... Proxies.
Part 570.................................... Safety and Soundness Guidelines Establishing Standards for Safety
and Soundness.
Part 571 \10\............................... Fair Credit Reporting.
Part 572.................................... Loans in Areas Having Special Flood Hazards.
Part 573 \11\............................... Privacy of Consumer Information.
Part 574 (except provisions only applicable Acquisition of Control of Savings Associations.
to SLHCs).
Part 590.................................... Preemption of State Usury Laws.
Part 591.................................... Preemption of Due-on-Sale Laws.
----------------------------------------------------------------------------------------------------------------
[[Page 39248]]
OTS Regulations That Will Be Enforced by the FDIC--Title 12
----------------------------------------------------------------------------------------------------------------
Chapter V--Office of Thrift Supervision, Department of the
Part or section Treasury
----------------------------------------------------------------------------------------------------------------
Part 507 (except 507.3(b)).................. Restrictions on Post-Employment Activities of Senior Examiners.
Part 508.................................... Removals, Suspensions and Prohibitions where a Crime is Charged.
Part 509 (except 509.1(e)(3), 509.100(b), Rules of Practice and Procedure in Adjudicatory Proceedings.
509.103(b)(2), and Subparts C and D).
Part 512.................................... Rules for Investigative Proceedings and Formal Examination
Proceedings.
Part 513.................................... Practice Before the Office.
Part 516 (except 516.45(a)(3), and Application Processing Procedure.
516.290(b)).
Part 528.................................... Nondiscrimination Requirements.
Part 533 (except 533.1(b)(2) and 533.10).... Disclosure and Reporting of CRA-related Agreements.
Part 536.................................... Consumer Protection in Sales of Insurance.
Part 550 (only 550.10(b))................... Fiduciary Powers of Savings Associations.
Part 551.................................... Recordkeeping for Securities Transactions.
Part 555 (only Subpart B, except 555.310(b)) Electronic Operations.
Part 557 (only Subpart C)................... Deposits.
Part 558.................................... Possession by Conservators and Receivers for Federal and State
Savings Associations.
Part 559 (only Subpart B)................... Subordinate Organizations.
Part 560 (only 560.1, 560.3 and Subpart B).. Lending and Investment.
Part 561 (except 561.18(b) and 561.34)...... Definitions for Regulations Affecting All Savings Associations.
Part 562 (except 562.4(b)(2))............... Regulatory Reporting Standards.
Part 563 \12\ (except 563.161 as to service Savings Associations--Operations.
corporations, 563.172(b)(1), 563.180(d)(4),
563.555 (definition of ``Troubled
condition'' (2)).
Part 563b................................... Conversions from Mutual to Stock Form.
Part 563c................................... Accounting Requirements.
Part 563d (except 563d.2)................... Securities of Savings Associations.
Part 563e................................... Community Reinvestment.
Part 563f (except 563f.2(o)(1))............. Management Official Interlocks.
Part 563g................................... Securities Offerings.
Part 564.................................... Appraisals.
Part 565 (except 565.5(h)).................. Prompt Corrective Action.
Part 567.................................... Capital.
Part 568.................................... Security Procedures.
Part 569.................................... Proxies.
Part 570.................................... Safety and Soundness Guidelines Establishing Standards for Safety
and Soundness.
Part 571\13\ (except 571.30(a)(1)(iii), Fair Credit Reporting.
(iv), and (v)).
Part 572.................................... Loans in Areas Having Special Flood Hazards.
Part 573 \14\............................... Privacy of Consumer Information.
Part 574 (except provisions applicable to Acquisition of Control of Savings Associations.
SLHCs).
Part 590.................................... Preemption of State Usury Laws.
Part 591.................................... Preemption of Due-on-Sale Laws.
----------------------------------------------------------------------------------------------------------------
Dated: June 15, 2011.
John Walsh,
Acting Comptroller of the Currency.
By order of the Board of Directors.
Dated at Washington, DC, this 14th day of June, 2011.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2011-16875 Filed 7-5-11; 8:45 am]
BILLING CODE 4810-33-P; 6714-01-P