Technical Amendments: Removal of Rules Transferred to the Consumer Financial Protection Bureau; OCC Address Change, 15639-15641 [2014-05826]
Download as PDF
Federal Register / Vol. 79, No. 55 / Friday, March 21, 2014 / Rules and Regulations
regulations.gov. However, that is not the
case. The proposed rule was made
available on the Web site the day it was
published in the Federal Register. As
well, comments received on the
proposed rule were posted to the Web
site following posting of the rule.
Accordingly, no changes have been
made to the rule based on this comment.
After consideration of all relevant
matters presented, including the
information and recommendation
submitted by the Board and other
available information, it is hereby found
that this rule, as hereinafter set forth, is
consistent with and will effectuate the
purposes of the 1996 Act.
It is further found that good cause
exists for not postponing the effective
date of this rule until 30 days after
publication in the Federal Register (5
U.S.C. 553) because this action should
be in effect as soon as possible so that
the changes may be implemented for the
next nomination process which begins
in the spring of 2014. Additionally, a
30-day comment period was provided
for in the proposed rule, and the
majority of comments supported the
changes.
List of Subjects in 7 CFR Part 1216
Administrative practice and
procedure, Advertising, Consumer
information, Marketing agreements,
Peanut promotion, Reporting and
recordkeeping requirements.
For the reasons set forth in the
preamble, 7 CFR Part 1216 is amended
as follows:
PART 1216—PEANUT PROMOTION,
RESEARCH, AND INFORMATION
ORDER
these states maintain a 3-year average
production of at least 10,000 tons of
peanuts.
■ 4. Section 1216.40, paragraph (a)
introductory text and (a)(1) are revised
to read as follows:
§ 1216.40
Establishment and membership.
(a) Establishment of a National
Peanut Board. There is hereby
established a National Peanut Board,
hereinafter called the Board, composed
of no more than 12 peanut producers
and alternates, appointed by the
Secretary from nominations as follows:
(1) Eleven members and alternates.
One member and one alternate shall be
appointed from each primary peanutproducing state, who are producers and
whose nominations have been
submitted by certified peanut producer
organizations within a primary peanutproducing state.
*
*
*
*
*
Dated: March 6, 2014.
Rex A. Barnes,
Associate Administrator.
[FR Doc. 2014–06181 Filed 3–20–14; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
12 CFR Parts 4, 5, 7, 10, 11, 16, 19, 24,
34, and 40
[Docket ID OCC–2014–0005]
RIN 1557–AD76
■
1. The authority citation for 7 CFR
part 1216 continues to read as follows:
Technical Amendments: Removal of
Rules Transferred to the Consumer
Financial Protection Bureau; OCC
Address Change
Authority: 7 U.S.C. 7411–7425; 7 U.S.C.
7401.
AGENCY:
2. Section 1216.15 is revised to read
as follows:
Office of the Comptroller of the
Currency, Treasury.
ACTION: Final rule.
§ 1216.15
SUMMARY:
■
Minor peanut-producing states.
mstockstill on DSK4VPTVN1PROD with RULES
Minor peanut-producing states means
all peanut-producing states with the
exception of Alabama, Arkansas,
Florida, Georgia, Mississippi, New
Mexico, North Carolina, Oklahoma,
South Carolina, Texas, and Virginia.
■ 3. Section 1216.21 is revised to read
as follows:
§ 1216.21
states.
Primary peanut-producing
Primary peanut-producing states
means Alabama, Arkansas, Florida,
Georgia, Mississippi, New Mexico,
North Carolina, Oklahoma, South
Carolina, Texas, and Virginia, Provided,
VerDate Mar<15>2010
15:59 Mar 20, 2014
Jkt 232001
The Office of the Comptroller
of the Currency (OCC) is removing
regulations concerning registration of
mortgage loan originators, and
regulations relating to privacy of
consumer financial information.
Rulemaking authority for these rules
transferred to the Consumer Financial
Protection Bureau on July 21, 2011
pursuant to Title X of the Dodd-Frank
Wall Street Reform and Consumer
Protection Act, and these OCC rules are
therefore no longer operative. The OCC
also is amending its regulations to
update its address to reflect its move to
a new headquarters building, to update
the address of its Freedom of
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
15639
Information Act web portal, and to
update its Web site address.
DATES: Effective March 21, 2014.
FOR FURTHER INFORMATION CONTACT: For
additional information, contact Heidi
Thomas, Special Counsel, or Stuart
Feldstein, Director, Legislative and
Regulatory Activities Division, 202–
649–5490; Office of the Comptroller of
the Currency, Washington, DC 20219.
SUPPLEMENTARY INFORMATION:
I. Description of Rule
This final rule makes a number of
technical amendments to the OCC’s
rules, as described below.
Transfer of Rules to the Consumer
Financial Protection Bureau
The Dodd-Frank Wall Street Reform
and Consumer Protection Act 1 (DoddFrank Act) transferred to the Consumer
Financial Protection Bureau (CFPB)
Federal rulemaking authority for the
Secure and Fair Enforcement for
Mortgage Licensing Act of 2008 (SAFE
Act) 2 and the financial information
privacy provisions in Title V of the
Gramm-Leach-Bliley Act (GLBA).3 The
Office of the Comptroller of the
Currency previously issued rules
implementing these laws for national
banks, Federal branches and agencies of
foreign banks, and their operating
subsidiaries (collectively, national
banks) at 12 CFR part 34, subpart F
(rules for national banks governing the
registration of residential mortgage loan
originators) and 12 CFR part 40 (privacy
of customer financial information),
respectively. This transfer of rulemaking
authority to the CFPB occurred on July
21, 2011, and the CFPB has since
reissued these rules as CFPB rules.4
National banks now must comply with
these rules as reissued by the CFPB and
not as previously promulgated and
published by the OCC, rendering part
34, subpart F, and part 40 no longer
operative. Accordingly, the OCC is
removing these rules from the Code of
Federal Regulations.5
OCC Headquarters Address Change
In May 2013, the OCC completed its
move to a new headquarters building in
1 Public
Law 111–203, 124 Stat. 1376 (2010).
U.S.C. 5101 et seq. See Dodd-Frank Act,
sections 1002(12)(N) and 1022 (12 U.S.C.
5481(12)(N) and 5512).
3 In general, sections 502 through 509 of GLBA
(15 U.S.C. 6802 through 6809). See Dodd-Frank Act
sections 1002(12)(J) and 1022 (12 U.S.C. 5481(12)(J)
and 5512).
4 See 12 CFR parts 1007 and 1016.
5 We note that the Dodd-Frank Act also
transferred rulemaking authority for certain
provisions of the Fair Credit Reporting Act to the
CFPB. The OCC is addressing this transfer through
a separate rulemaking.
2 12
E:\FR\FM\21MRR1.SGM
21MRR1
15640
Federal Register / Vol. 79, No. 55 / Friday, March 21, 2014 / Rules and Regulations
Washington, DC. As a result, the address
for the OCC included in 12 CFR parts
4, 5, 7, 10, 11, 16, and 19 is now outof-date. This final rule amends these
rules to replace the OCC’s former
address with its current address, 400 7th
Street SW., Washington, DC 20219.
OCC Web site
Current 12 CFR parts 5 and 24 include
the original Web site address for the
OCC, https://www.occ.treas.gov. Since
we published these rules, the OCC has
simplified the Web site address to
www.occ.gov. This final rule amends
these rules to reflect this change.
OCC Freedom of Information Office
Twelve CFR 4.15(b)(1), 4.18(a)(1), and
4.18(b) contain an OCC Freedom of
Information Act (FOIA) Web portal
address, through which the public may
submit FOIA requests, appeal an OCC
FOIA decision, and track the status of a
FOIA request. This final rule updates
this address to https://foia-pal.occ.gov/
palMain.aspx. In addition, the final rule
amends 12 CFR 4.15(g) to clarify the
name of the OCC office that receives
FOIA requests.
mstockstill on DSK4VPTVN1PROD with RULES
II. Notice and Comment
Pursuant to the Administrative
Procedure Act (APA), notice and
comment are not required prior to the
issuance of a final rule if an agency, for
good cause, finds that ‘‘notice and
public procedure thereon are
impracticable, unnecessary, or contrary
to the public interest.’’ 6
The OCC finds that public notice and
comment on this final rule are
unnecessary. Because the Dodd-Frank
Act transferred all Federal rulemaking
for the SAFE Act and the financial
information privacy provisions in Title
V of GLBA to the CFPB as of July 21,
2011, the existing OCC rules
implementing these laws for national
banks are no longer operative. The
removal of these rules from the Code of
Federal Regulations is clerical in nature,
and will reduce any possible confusion
that may result from having two sets of
rules addressing these laws.
In addition, the final rule’s update of
the OCC’s physical and Web site
addresses, FOIA web portal address,
and FOIA division name is purely a
technical change to our rules and
provides our regulated institutions,
interested parties, and the public with
the OCC’s current and most accurate
contact information.
For these reasons, the OCC has good
cause to conclude that advance notice
65
U.S.C. 553(b).
VerDate Mar<15>2010
15:59 Mar 20, 2014
Jkt 232001
and comment under the APA for this
rulemaking are unnecessary.
III. Effective Date
This final rule is effective on March
21, 2014. Pursuant to the APA, a final
rule may be effective without 30 days
advance publication in the Federal
Register if an agency finds good cause
and publishes such with the final rule.7
The purpose of a delayed effective date
is to allow regulated entities to adjust
their behavior before the final rule takes
effect. As described above, the final rule
removes from the Code of Federal
Regulations rules that are no longer
valid and updates the OCC’s physical
and Web site addresses, the OCC’s FOIA
web portal address, and the OCC’s FOIA
division name. These amendments do
not require national banks to adjust
their behavior in a substantive manner.
Therefore, the OCC finds good cause to
dispense with a delayed effective date.
Section 302 of the Riegle Community
Development and Regulatory
Improvement Act of 1994 8 (RCDRIA)
requires, subject to certain exceptions,
that regulations imposing additional
reporting, disclosure, or other
requirements on insured depository
institutions take effect on the first day
of the calendar quarter after publication
of the final rule. This final rule does not
impose additional reporting, disclosure,
or other requirements and therefore
section 302 of the RCDRIA does not
apply.
IV. Regulatory Analysis
Paperwork Reduction Act
This final rule removes several
regulatory provisions that have
currently approved collections of
information under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501–
3520).14 Non-substantive changes have
previously been made to these
collections to reflect the transfer of the
rules to the CFPB.
List of Subjects
Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility
Act (RFA),9 an agency must prepare a
regulatory flexibility analysis for all
proposed and final rules that describes
the impact of the rule on small entities,
unless the head of an agency certifies
that the rule will not have ‘‘a significant
economic impact on a substantial
number of small entities.’’ However, the
RFA applies only to rules for which an
agency publishes a general notice of
proposed rulemaking pursuant to the
APA.10 As discussed above, the OCC
has determined for good cause that the
APA does not require notice and public
comment on this rule and, therefore, we
are not publishing a general notice of
proposed rulemaking. Thus, the RFA
does not apply to this final rule.
Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded
Mandates Reform Act of 1995
U.S.C. 553(d)(3).
U.S.C. 4802.
9 5 U.S.C. 603.
10 5 U.S.C. 603(a), 604(a).
(UMRA) 11 requires that an agency
prepare a budgetary impact statement
before promulgating a rule that includes
a Federal mandate that may result in the
expenditure by state, local, and tribal
governments, in the aggregate, or by the
private sector of $100 million or more
in any one year. If a budgetary impact
statement is required, section 205 of
UMRA 12 also requires an agency to
identify and consider a reasonable
number of regulatory alternatives before
promulgating a rule. However, the
UMRA applies only to rules for which
an agency publishes a general notice of
proposed rulemaking pursuant to the
APA.13 As discussed above, the OCC
has determined for good cause that the
APA does not require general notice and
public comment on this rule and,
therefore, we are not publishing a
general notice of proposed rulemaking.
Thus, the UMRA does not apply to this
final rule. Accordingly, the OCC has not
prepared a budgetary impact statement
or specifically addressed the regulatory
alternatives considered.
12 CFR Part 4
Administrative practice and
procedure, Freedom of information,
Individuals with disabilities, Minority
businesses, Organization and functions
(Government agencies), Reporting and
recordkeeping requirements, Women.
12 CFR Part 5
Administrative practice and
procedure, National banks, Reporting
and recordkeeping requirements,
Securities.
12 CFR Part 7
Computer technology, Credit,
Insurance, Investments, National banks,
Reporting and recordkeeping
requirements, Securities, Surety bonds.
12 CFR Part 10
National banks, Reporting and
recordkeeping requirements, Securities.
75
11 2
8 12
12 2
PO 00000
Frm 00008
Fmt 4700
U.S.C. 1532.
U.S.C. 1535.
13 2 U.S.C. 1532(a).
14 OMB Control Nos. 1557–0216 and1557–0243.
Sfmt 4700
E:\FR\FM\21MRR1.SGM
21MRR1
Federal Register / Vol. 79, No. 55 / Friday, March 21, 2014 / Rules and Regulations
12 CFR Part 11
15641
SMALL BUSINESS ADMINISTRATION
Confidential business information,
National banks, Reporting and
recordkeeping requirements, Securities.
c. Remove the web address
‘‘www.occ.treas.gov’’ and add
‘‘www.occ.gov’’ in its place in footnote
1 in § 5.34(e)(5)(v)(R).
12 CFR Part 16
PART 7 [AMENDED]
504 and 7(a) Loan Programs Updates
National banks, Reporting and
recordkeeping requirements, Securities.
■
3. Part 7 is amended by removing the
phrase ‘‘250 E Street SW.,’’ and adding
‘‘400 7th Street SW.,’’ in its place in
footnote 2 in § 7.2000(c).
AGENCY:
■
12 CFR Part 19
Administrative practice and
procedure, Crime, Equal access to
justice, Investigations, National banks,
Penalties, Securities.
Community development, Credit,
Investments, Low and moderate income
housing, National banks, Reporting and
recordkeeping requirements, Rural
areas, Small businesses.
4. Part 10 is amended by removing the
phrase ‘‘250 E Street SW.,’’ and adding
‘‘400 7th Street SW.,’’ in its place in
§ 10.2(c).
PART 11 [AMENDED]
Mortgages, National banks, Reporting
and recordkeeping requirements.
Banks, Banking, Consumer protection,
National banks, Privacy, Reporting and
recordkeeping requirements.
For the reasons set forth in the
preamble, and under the authority of 12
U.S.C. 93a, chapter I of title 12 of the
Code of Federal Regulations is amended
as follows:
PART 4 [AMENDED]
1. Part 4 is amended as follows:
a. Remove the phrase ‘‘250 E Street,
SW.,’’ wherever it appears and add ‘‘400
7th Street SW.,’’ in its place in §§ 4.4,
4.14(c), and 4.17(c);
■ b. Remove the phrase ‘‘250 E Street,
SW.,’’ and add ‘‘400 7th Street, SW.,’’ in
its place in §§ 4.15(b)(1), 4.15(e)(2), and
4.34(a);
■ c. Remove the web address ‘‘https://
appsec.occ.gov/publicaccesslink/
palMain.aspx’’ and add the web address
‘‘https://foia-pal.occ.gov/palMain.aspx’’
in its place in §§ 4.15(b)(1), 4.18(a)(1),
and 4.18(b); and
■ d. Remove the phrase ‘‘OCC
Communications Division’’ and add in
its place ‘‘Disclosure Services,
Communications Division’’ in § 4.15(g).
■
■
mstockstill on DSK4VPTVN1PROD with RULES
PART 5 [AMENDED]
2. Part 5 is amended as follows:
a. Remove the phrase ‘‘250 E Street
SW., Washington, DC 20219–0001’’ and
add ‘‘400 7th Street SW., Washington,
DC 20219’’ in its place in § 5.2(c);
■ b. Remove the web address ‘‘https://
www.occ.treas.gov’’ and add
‘‘www.occ.gov’’ in its place in § 5.2(c);
and
■
■
VerDate Mar<15>2010
15:59 Mar 20, 2014
■
5. Part 11 is amended by removing the
phrase ‘‘250 E Street SW.,’’ and adding
‘‘400 7th Street SW.,’’ in its place in
§ 11.3(a)(1).
■
PART 16 [AMENDED]
12 CFR Part 40
Jkt 232001
RIN 3245–AG04
U.S. Small Business
Administration.
ACTION: Final rule.
This rule finalizes the
proposed rule that the U.S. Small
Business Administration (‘‘SBA’’)
issued to improve access to its two
flagship business lending programs: the
504 Loan Program and the 7(a) Loan
Program. This rule will enhance job
creation through increasing eligibility
for loans under SBA’s business loan
programs and by modifying certain
program participant requirements
applicable to the 504 Loan Program. In
addition, SBA is revising Certified
Development Company (CDC)
operations requirements to clarify
certain existing regulations. SBA has
decided to further study the issue of
how to redefine affiliation for the
business loan programs and is not
including any changes to the affiliation
standards in this final rule.
DATES: This rule is effective April 21,
2014, except for the amendment to 13
CFR 120.823, which is effective April
21, 2015.
FOR FURTHER INFORMATION CONTACT:
Linda Rusche, Director, of Financial
Assistance; ATTN: Linda Reilly, Chief,
504 Program Branch, Office of Financial
Assistance, Small Business
Administration, 409 3rd Street SW.,
Washington, DC 20416; telephone 202–
205–9949.
SUPPLEMENTARY INFORMATION:
SUMMARY:
PART 10 [AMENDED]
12 CFR Part 24
12 CFR Part 34
13 CFR Part 120
6. Part 16 is amended by removing the
phrase ‘‘250 E Street SW.,’’ and adding
‘‘400 7th Street SW.,’’ in its place in
§ 16.17(a).
■
PART 19 [AMENDED]
7. Part 19 is amended by removing the
phrase ‘‘250 E Street SW.,’’ and adding
‘‘400 7th Street SW.,’’ in its place in
§ 19.100.
■
PART 24 [AMENDED]
8. Part 24 is amended by removing the
web address ‘‘https://www.occ.treas.gov’’
and adding ‘‘www.occ.gov’’ in its place
in § 24.5(a)(2) and (b)(1).
■
PART 34—REAL ESTATE LENDING
AND APPRAISALS
9. Revise the authority citation for part
34 to read as follows:
■
Authority: 12 U.S.C. 1 et seq., 25b, 29, 93a,
371, 1465, 1701j–3, 1828(o), and
5412(b)(2)(B).
Subpart F [Removed]
10. Remove subpart F, consisting of
§§ 34.101 through Appendix A to
Subpart F of Part 34.
■
PART 40 [REMOVED]
■
11. Remove part 40.
Dated: March 10, 2014.
Thomas J. Curry,
Comptroller of the Currency.
[FR Doc. 2014–05826 Filed 3–20–14; 8:45 am]
BILLING CODE 4810–01–P
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
I. Background
The 504 Loan Program and 7(a) Loan
Program are SBA’s two primary
business loan programs authorized
under the Small Business Investment
Act of 1958 and the Small Business Act,
respectively. On February 25, 2013, SBA
published a proposed rule with request
for comments in the Federal Register to
implement several changes intended to
reinvigorate the business loan programs
by eliminating unnecessary compliance
burdens and loan eligibility restrictions.
78 FR 12633. The major changes
proposed by SBA related to affiliation
principles, the personal resources test,
the 9-month rule for the 504 Loan
Program, and operational and
organizational requirements for
Certified Development Companies
(‘‘CDCs’’). The comment period was
open until April 26, 2013. SBA received
E:\FR\FM\21MRR1.SGM
21MRR1
Agencies
[Federal Register Volume 79, Number 55 (Friday, March 21, 2014)]
[Rules and Regulations]
[Pages 15639-15641]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05826]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
12 CFR Parts 4, 5, 7, 10, 11, 16, 19, 24, 34, and 40
[Docket ID OCC-2014-0005]
RIN 1557-AD76
Technical Amendments: Removal of Rules Transferred to the
Consumer Financial Protection Bureau; OCC Address Change
AGENCY: Office of the Comptroller of the Currency, Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Office of the Comptroller of the Currency (OCC) is
removing regulations concerning registration of mortgage loan
originators, and regulations relating to privacy of consumer financial
information. Rulemaking authority for these rules transferred to the
Consumer Financial Protection Bureau on July 21, 2011 pursuant to Title
X of the Dodd-Frank Wall Street Reform and Consumer Protection Act, and
these OCC rules are therefore no longer operative. The OCC also is
amending its regulations to update its address to reflect its move to a
new headquarters building, to update the address of its Freedom of
Information Act web portal, and to update its Web site address.
DATES: Effective March 21, 2014.
FOR FURTHER INFORMATION CONTACT: For additional information, contact
Heidi Thomas, Special Counsel, or Stuart Feldstein, Director,
Legislative and Regulatory Activities Division, 202-649-5490; Office of
the Comptroller of the Currency, Washington, DC 20219.
SUPPLEMENTARY INFORMATION:
I. Description of Rule
This final rule makes a number of technical amendments to the OCC's
rules, as described below.
Transfer of Rules to the Consumer Financial Protection Bureau
The Dodd-Frank Wall Street Reform and Consumer Protection Act \1\
(Dodd-Frank Act) transferred to the Consumer Financial Protection
Bureau (CFPB) Federal rulemaking authority for the Secure and Fair
Enforcement for Mortgage Licensing Act of 2008 (SAFE Act) \2\ and the
financial information privacy provisions in Title V of the Gramm-Leach-
Bliley Act (GLBA).\3\ The Office of the Comptroller of the Currency
previously issued rules implementing these laws for national banks,
Federal branches and agencies of foreign banks, and their operating
subsidiaries (collectively, national banks) at 12 CFR part 34, subpart
F (rules for national banks governing the registration of residential
mortgage loan originators) and 12 CFR part 40 (privacy of customer
financial information), respectively. This transfer of rulemaking
authority to the CFPB occurred on July 21, 2011, and the CFPB has since
reissued these rules as CFPB rules.\4\ National banks now must comply
with these rules as reissued by the CFPB and not as previously
promulgated and published by the OCC, rendering part 34, subpart F, and
part 40 no longer operative. Accordingly, the OCC is removing these
rules from the Code of Federal Regulations.\5\
---------------------------------------------------------------------------
\1\ Public Law 111-203, 124 Stat. 1376 (2010).
\2\ 12 U.S.C. 5101 et seq. See Dodd-Frank Act, sections
1002(12)(N) and 1022 (12 U.S.C. 5481(12)(N) and 5512).
\3\ In general, sections 502 through 509 of GLBA (15 U.S.C. 6802
through 6809). See Dodd-Frank Act sections 1002(12)(J) and 1022 (12
U.S.C. 5481(12)(J) and 5512).
\4\ See 12 CFR parts 1007 and 1016.
\5\ We note that the Dodd-Frank Act also transferred rulemaking
authority for certain provisions of the Fair Credit Reporting Act to
the CFPB. The OCC is addressing this transfer through a separate
rulemaking.
---------------------------------------------------------------------------
OCC Headquarters Address Change
In May 2013, the OCC completed its move to a new headquarters
building in
[[Page 15640]]
Washington, DC. As a result, the address for the OCC included in 12 CFR
parts 4, 5, 7, 10, 11, 16, and 19 is now out-of-date. This final rule
amends these rules to replace the OCC's former address with its current
address, 400 7th Street SW., Washington, DC 20219.
OCC Web site
Current 12 CFR parts 5 and 24 include the original Web site address
for the OCC, https://www.occ.treas.gov. Since we published these rules,
the OCC has simplified the Web site address to www.occ.gov. This final
rule amends these rules to reflect this change.
OCC Freedom of Information Office
Twelve CFR 4.15(b)(1), 4.18(a)(1), and 4.18(b) contain an OCC
Freedom of Information Act (FOIA) Web portal address, through which the
public may submit FOIA requests, appeal an OCC FOIA decision, and track
the status of a FOIA request. This final rule updates this address to
https://foia-pal.occ.gov/palMain.aspx. In addition, the final rule
amends 12 CFR 4.15(g) to clarify the name of the OCC office that
receives FOIA requests.
II. Notice and Comment
Pursuant to the Administrative Procedure Act (APA), notice and
comment are not required prior to the issuance of a final rule if an
agency, for good cause, finds that ``notice and public procedure
thereon are impracticable, unnecessary, or contrary to the public
interest.'' \6\
---------------------------------------------------------------------------
\6\ 5 U.S.C. 553(b).
---------------------------------------------------------------------------
The OCC finds that public notice and comment on this final rule are
unnecessary. Because the Dodd-Frank Act transferred all Federal
rulemaking for the SAFE Act and the financial information privacy
provisions in Title V of GLBA to the CFPB as of July 21, 2011, the
existing OCC rules implementing these laws for national banks are no
longer operative. The removal of these rules from the Code of Federal
Regulations is clerical in nature, and will reduce any possible
confusion that may result from having two sets of rules addressing
these laws.
In addition, the final rule's update of the OCC's physical and Web
site addresses, FOIA web portal address, and FOIA division name is
purely a technical change to our rules and provides our regulated
institutions, interested parties, and the public with the OCC's current
and most accurate contact information.
For these reasons, the OCC has good cause to conclude that advance
notice and comment under the APA for this rulemaking are unnecessary.
III. Effective Date
This final rule is effective on March 21, 2014. Pursuant to the
APA, a final rule may be effective without 30 days advance publication
in the Federal Register if an agency finds good cause and publishes
such with the final rule.\7\ The purpose of a delayed effective date is
to allow regulated entities to adjust their behavior before the final
rule takes effect. As described above, the final rule removes from the
Code of Federal Regulations rules that are no longer valid and updates
the OCC's physical and Web site addresses, the OCC's FOIA web portal
address, and the OCC's FOIA division name. These amendments do not
require national banks to adjust their behavior in a substantive
manner. Therefore, the OCC finds good cause to dispense with a delayed
effective date.
---------------------------------------------------------------------------
\7\ 5 U.S.C. 553(d)(3).
---------------------------------------------------------------------------
Section 302 of the Riegle Community Development and Regulatory
Improvement Act of 1994 \8\ (RCDRIA) requires, subject to certain
exceptions, that regulations imposing additional reporting, disclosure,
or other requirements on insured depository institutions take effect on
the first day of the calendar quarter after publication of the final
rule. This final rule does not impose additional reporting, disclosure,
or other requirements and therefore section 302 of the RCDRIA does not
apply.
---------------------------------------------------------------------------
\8\ 12 U.S.C. 4802.
---------------------------------------------------------------------------
IV. Regulatory Analysis
Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (RFA),\9\ an agency must
prepare a regulatory flexibility analysis for all proposed and final
rules that describes the impact of the rule on small entities, unless
the head of an agency certifies that the rule will not have ``a
significant economic impact on a substantial number of small
entities.'' However, the RFA applies only to rules for which an agency
publishes a general notice of proposed rulemaking pursuant to the
APA.\10\ As discussed above, the OCC has determined for good cause that
the APA does not require notice and public comment on this rule and,
therefore, we are not publishing a general notice of proposed
rulemaking. Thus, the RFA does not apply to this final rule.
---------------------------------------------------------------------------
\9\ 5 U.S.C. 603.
\10\ 5 U.S.C. 603(a), 604(a).
---------------------------------------------------------------------------
Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) \11\
requires that an agency prepare a budgetary impact statement before
promulgating a rule that includes a Federal mandate that may result in
the expenditure by state, local, and tribal governments, in the
aggregate, or by the private sector of $100 million or more in any one
year. If a budgetary impact statement is required, section 205 of UMRA
\12\ also requires an agency to identify and consider a reasonable
number of regulatory alternatives before promulgating a rule. However,
the UMRA applies only to rules for which an agency publishes a general
notice of proposed rulemaking pursuant to the APA.\13\ As discussed
above, the OCC has determined for good cause that the APA does not
require general notice and public comment on this rule and, therefore,
we are not publishing a general notice of proposed rulemaking. Thus,
the UMRA does not apply to this final rule. Accordingly, the OCC has
not prepared a budgetary impact statement or specifically addressed the
regulatory alternatives considered.
---------------------------------------------------------------------------
\11\ 2 U.S.C. 1532.
\12\ 2 U.S.C. 1535.
\13\ 2 U.S.C. 1532(a).
---------------------------------------------------------------------------
Paperwork Reduction Act
This final rule removes several regulatory provisions that have
currently approved collections of information under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501-3520).\14\ Non-substantive changes
have previously been made to these collections to reflect the transfer
of the rules to the CFPB.
---------------------------------------------------------------------------
\14\ OMB Control Nos. 1557-0216 and1557-0243.
---------------------------------------------------------------------------
List of Subjects
12 CFR Part 4
Administrative practice and procedure, Freedom of information,
Individuals with disabilities, Minority businesses, Organization and
functions (Government agencies), Reporting and recordkeeping
requirements, Women.
12 CFR Part 5
Administrative practice and procedure, National banks, Reporting
and recordkeeping requirements, Securities.
12 CFR Part 7
Computer technology, Credit, Insurance, Investments, National
banks, Reporting and recordkeeping requirements, Securities, Surety
bonds.
12 CFR Part 10
National banks, Reporting and recordkeeping requirements,
Securities.
[[Page 15641]]
12 CFR Part 11
Confidential business information, National banks, Reporting and
recordkeeping requirements, Securities.
12 CFR Part 16
National banks, Reporting and recordkeeping requirements,
Securities.
12 CFR Part 19
Administrative practice and procedure, Crime, Equal access to
justice, Investigations, National banks, Penalties, Securities.
12 CFR Part 24
Community development, Credit, Investments, Low and moderate income
housing, National banks, Reporting and recordkeeping requirements,
Rural areas, Small businesses.
12 CFR Part 34
Mortgages, National banks, Reporting and recordkeeping
requirements.
12 CFR Part 40
Banks, Banking, Consumer protection, National banks, Privacy,
Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, and under the authority
of 12 U.S.C. 93a, chapter I of title 12 of the Code of Federal
Regulations is amended as follows:
PART 4 [AMENDED]
0
1. Part 4 is amended as follows:
0
a. Remove the phrase ``250 E Street, SW.,'' wherever it appears and add
``400 7th Street SW.,'' in its place in Sec. Sec. 4.4, 4.14(c), and
4.17(c);
0
b. Remove the phrase ``250 E Street, SW.,'' and add ``400 7th Street,
SW.,'' in its place in Sec. Sec. 4.15(b)(1), 4.15(e)(2), and 4.34(a);
0
c. Remove the web address ``https://appsec.occ.gov/publicaccesslink/palMain.aspx'' and add the web address ``https://foia-pal.occ.gov/palMain.aspx'' in its place in Sec. Sec. 4.15(b)(1), 4.18(a)(1), and
4.18(b); and
0
d. Remove the phrase ``OCC Communications Division'' and add in its
place ``Disclosure Services, Communications Division'' in Sec.
4.15(g).
PART 5 [AMENDED]
0
2. Part 5 is amended as follows:
0
a. Remove the phrase ``250 E Street SW., Washington, DC 20219-0001''
and add ``400 7th Street SW., Washington, DC 20219'' in its place in
Sec. 5.2(c);
0
b. Remove the web address ``https://www.occ.treas.gov'' and add
``www.occ.gov'' in its place in Sec. 5.2(c); and
0
c. Remove the web address ``www.occ.treas.gov'' and add ``www.occ.gov''
in its place in footnote 1 in Sec. 5.34(e)(5)(v)(R).
PART 7 [AMENDED]
0
3. Part 7 is amended by removing the phrase ``250 E Street SW.,'' and
adding ``400 7th Street SW.,'' in its place in footnote 2 in Sec.
7.2000(c).
PART 10 [AMENDED]
0
4. Part 10 is amended by removing the phrase ``250 E Street SW.,'' and
adding ``400 7th Street SW.,'' in its place in Sec. 10.2(c).
PART 11 [AMENDED]
0
5. Part 11 is amended by removing the phrase ``250 E Street SW.,'' and
adding ``400 7th Street SW.,'' in its place in Sec. 11.3(a)(1).
PART 16 [AMENDED]
0
6. Part 16 is amended by removing the phrase ``250 E Street SW.,'' and
adding ``400 7th Street SW.,'' in its place in Sec. 16.17(a).
PART 19 [AMENDED]
0
7. Part 19 is amended by removing the phrase ``250 E Street SW.,'' and
adding ``400 7th Street SW.,'' in its place in Sec. 19.100.
PART 24 [AMENDED]
0
8. Part 24 is amended by removing the web address ``https://www.occ.treas.gov'' and adding ``www.occ.gov'' in its place in Sec.
24.5(a)(2) and (b)(1).
PART 34--REAL ESTATE LENDING AND APPRAISALS
0
9. Revise the authority citation for part 34 to read as follows:
Authority: 12 U.S.C. 1 et seq., 25b, 29, 93a, 371, 1465, 1701j-
3, 1828(o), and 5412(b)(2)(B).
Subpart F [Removed]
0
10. Remove subpart F, consisting of Sec. Sec. 34.101 through Appendix
A to Subpart F of Part 34.
PART 40 [REMOVED]
0
11. Remove part 40.
Dated: March 10, 2014.
Thomas J. Curry,
Comptroller of the Currency.
[FR Doc. 2014-05826 Filed 3-20-14; 8:45 am]
BILLING CODE 4810-01-P