Transferred OTS Regulations Regarding Possession by Conservators and Receivers for Federal and State Savings Associations., 42235-42238 [2014-16977]
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Federal Register / Vol. 79, No. 139 / Monday, July 21, 2014 / Proposed Rules
78p; 78q; 78w; 31 U.S.C. 5318; 42 U.S.C.
4106.
Subpart T also issued under 12 U.S.C.
1462a; 1463; 1464; 15 U.S.C. 78c; 78l; 78m;
78n; 78w.
Subpart U also issued under 12 U.S.C.
1462a; 1463; 1464; 15 U.S.C. 78c; 78l; 78m;
78n; 78p; 78w; 78d–1; 7241; 7242; 7243;
7244; 7261; 7264; 7265.
Subpart V also issued under 12 U.S.C.
3201–3208.
Subpart W also issued under 12 U.S.C.
1462a; 1463; 1464; 15 U.S.C. 78c; 78l; 78m;
78n; 78p; 78w.
Subpart X also issued under 12 U.S.C.
1462; 1462a; 1463; 1464; 1828; 3331 et seq.
Subpart Y also issued under 12
U.S.C.1831o.
Subpart Z also issued under 12 U.S.C.
1462; 1462a; 1463; 1464; 1828 (note).
Subpart L—[Removed and Reserved]
2. Remove and reserve subpart L,
consisting of §§ 390.220 through
390.222.
■
Dated at Washington, DC, this 15th day of
July, 2014.
By order of the Board of Directors, Federal
Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2014–16975 Filed 7–18–14; 8:45 am]
12 CFR Part 390
RIN 3064–AE17
Transferred OTS Regulations
Regarding Possession by
Conservators and Receivers for
Federal and State Savings
Associations.
I. Background
Federal Deposit Insurance
Corporation.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Federal Deposit
Insurance Corporation (FDIC) proposes
to rescind and remove regulations
regarding possession by conservators
and receivers for federal and state
savings associations, which are no
longer necessary in light of or contradict
provisions of the Federal Deposit
Insurance Act and are not in accordance
with FDIC practice and procedures. The
regulations were included in the
regulations that were transferred to the
FDIC from the Office of Thrift
Supervision (OTS) on July 21, 2011, in
connection with the implementation of
applicable provisions of Title III of the
Dodd-Frank Wall Street Reform and
Consumer Protection Act. Rescinding
these regulations will eliminate
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R.
Penfield Starke, Assistant General
Counsel, Legal Division (703) 562–2422
or rstarke@fdic.gov; Thomas Bolt,
Senior Counsel, Legal Division (703)
562–2046 or tbolt@fdic.gov; or Manuel
E. Cabeza, Counsel, Legal Division (703)
562–2434 or mcabeza@fdic.gov.
SUPPLEMENTARY INFORMATION:
FEDERAL DEPOSIT INSURANCE
CORPORATION
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Please note: All comments received will be
posted generally without change to https://
www.fdic.gov/regulations/laws/federal/,
including any personal information
provided.
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 6714–01–P
SUMMARY:
confusion that may arise from
duplicative or inconsistent rules and
procedures and will eliminate
unnecessary regulations.
DATES: Comments must be received on
or before September 19, 2014.
ADDRESSES: You may submit comments
by any of the following methods:
• FDIC Web site: https://www.fdic.gov/
regulations/laws/federal/. Follow
instructions for submitting comments
on the agency Web site.
• FDIC Email: Comments@fdic.gov.
Include RIN 3064–AE17 in the subject
line of the message.
• FDIC Mail: Robert E. Feldman,
Executive Secretary, Attention:
Comments, Federal Deposit Insurance
Corporation, 550 17th Street NW.,
Washington, DC 20429.
• Hand Delivery to FDIC: Comments
may be hand-delivered to the guard
station at the rear of the 550 17th Street
Building (located on F Street) on
business days between 7 a.m. and 5 p.m.
The Dodd-Frank Act
The Dodd-Frank Wall Street Reform
and Consumer Protection Act (‘‘DoddFrank Act’’) 1, signed into law on July
21, 2010, provided for a substantial
reorganization of the regulation of State
and Federal savings associations and
their holding companies. Beginning July
21, 2011, the transfer date established
by section 311 of the Dodd-Frank Act,2
the powers, duties, and functions
formerly performed by the OTS were
divided among the FDIC as to State
savings associations, the Office of
Comptroller of the Currency (OCC) as to
Federal savings associations, and the
Board of Governors of the Federal
Reserve System (FRB) as to savings and
loan holding companies. Section 316(b)
of the Dodd-Frank Act 3 provides the
manner of treatment for all orders,
resolutions, determinations, regulations,
and other advisory materials, that were
issued, made, prescribed, or allowed to
become effective by the OTS. The
section provides that if such advisory
materials were in effect on the day
before the transfer date, they continue in
effect and are enforceable by or against
the appropriate successor agency until
they are modified, terminated, set aside,
or superseded in accordance with
applicable law by such successor
agency, by any court of competent
jurisdiction, or by operation of law.
Section 316(c) of the Dodd-Frank
Act 4 further directed the FDIC and the
OCC to consult with one another and to
publish a list of the continued OTS
regulations that would be enforced by
the FDIC and the OCC respectively. On
June 14, 2011 the FDIC’s Board of
Directors approved a ‘‘List of OTS
Regulations to be Enforced by the OCC
and the FDIC Pursuant to the DoddFrank Wall Street Reform and Consumer
Protection Act.’’ This list was published
by the FDIC and the OCC as a Joint
Notice in the Federal Register on July
6, 2011.5
FDIC’s Authority To Regulate
Although section 312(b)(2)(B)(i)(II) of
the Dodd-Frank Act 6 granted the OCC
rulemaking authority relating to both
State and Federal savings associations,
nothing in the Dodd-Frank Act affected
the FDIC’s existing authority to issue
regulations under the Federal Deposit
Insurance Act (the ‘‘FDI Act’’) 7 and
other laws as the ‘‘appropriate Federal
banking agency’’ or under similar
statutory terminology. Section 312(c) of
the Dodd-Frank Act amended section
3(q) of the FDI Act 8 and designated the
FDIC as the ‘‘appropriate Federal
banking agency’’ for State savings
associations. As a result, when the FDIC
acts as the designated ‘‘appropriate
Federal banking agency’’ (or under
similar terminology) for State savings
associations, as it does here, the FDIC is
authorized to issue, modify and rescind
regulations involving such associations.
As noted, on June 14, 2011 the FDIC’s
Board of Directors reissued and
redesignated certain transferring
regulations of the former OTS. These
transferred OTS regulations were
published as FDIC interim rules in the
Federal Register on August 5, 2011.9
When it republished the transferred
OTS regulations as new FDIC
4 12
Wall Street Reform and Consumer
Protection Act, Public Law 111–203, 12 U.S.C. 5301
et seq. (2010).
2 12 U.S.C. 5411.
3 12 U.S.C. 5414(b).
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42235
U.S.C. 5414(c).
FR 39247 (July 6, 2011).
6 12 U.S.C. 5412(b)(2)(B)(i)(II).
7 12 U.S.C. 1811 et seq.
8 12 U.S.C. 1813(q).
9 76 FR 47652 (August 5, 2011).
5 76
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regulations, the FDIC specifically noted
that its staff would evaluate the
transferred OTS rules and might later
recommend incorporating the
transferred OTS regulations into other
FDIC rules, amending them, or
rescinding them, as appropriate.
One of the regulations transferred to
the FDIC governed the procedures to be
followed by conservators and receivers
for Federal and State savings
associations upon taking possession of
said entities and for the giving notice of
their appointment. This OTS regulation,
formerly found at 12 CFR part 558, was
transferred to the FDIC with only
nominal changes and is now found in
the FDIC’s regulations at 12 CFR part
390, subpart N. Unlike the OTS, which
was established in 1989 as an office
within the Department of the
Treasury,10 the FDIC’s role and
responsibilities when serving as
conservator or receiver are defined by
specific statutory provisions contained
in the FDI Act. The FDIC is a federal
corporation established by the FDI
Act,11 and has been entrusted with
virtually complete responsibility for
resolving failed insured depository
institutions. The FDI Act confers
expansive powers on the FDIC and its
Board of Directors to ensure the
efficiency of the process. The FDIC’s
Board of Directors is empowered to
prescribe bylaws regulating the manner
in which the FDIC’s general business
may be conducted and to exercise,
directly or through duly authorized
officers and agents, all powers
specifically granted by the statute and
such incidental powers as are necessary
to carry out the powers so granted.12
Pursuant to this authority, the FDIC’s
Board of Directors has appointed
various officers and has issued
resolutions delegating corporate
authority to these officers. Pursuant to
this delegated corporate authority, FDIC
officers have established detailed
procedures governing the closing of
failed institutions when the FDIC is
appointed conservator or receiver. If the
proposed rule is adopted, the
procedures followed by the FDIC upon
appointment as conservator or receiver,
implemented through delegated
corporate powers, including those for
providing notice of such appointment,
will continue to be those followed by
FDIC prior to the transfer of
responsibilities from the former OTS.
10 The Office of Thrift Supervision was
established by the Financial Institutions Reform,
Recovery and Enforcement Act of 1989 (‘‘FIRREA’’),
Public Law 101–73, 103 Stat. 183 (1989) (codified
at various sections of 12 and 15 U.S.C.).
11 12 U.S.C. 1811(a).
12 12 U.S.C. 1819(a) ‘‘Sixth’’ and ‘‘Seventh.’’
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With respect to instances where the
FDIC, pursuant to the discretion it has
been granted under the FDI Act,13 elects
to decline tendered appointment as
conservator or receiver by an authority
having supervision of an insured State
depository institution, applicable State
law will continue to govern matters
pertinent to such conservatorships or
receiverships.
II. The Proposal
After careful review of 12 CFR part
390, subpart N—Possession by
Conservators and Receivers for Federal
and State Savings Associations, the
FDIC proposes to rescind 12 CFR part
390, subpart N, because the regulations
contained in this subpart are
unnecessary in light of, or contrary to
provisions of the FDI Act and are
duplicative of, or not in accordance
with FDIC practice and procedures.
Regarding the functions of the former
OTS that were transferred to the FDIC,
section 316(b)(3) of the Dodd-Frank
Act,14 in pertinent part, provides that
the former OTS’s regulations will be
enforceable by the FDIC until they are
modified, terminated, set aside, or
superseded in accordance with
applicable law. After reviewing the
rules regarding possession by
conservators and receivers for Federal
and State savings associations and
notice procedures following such
appointments, currently found in 12
CFR part 390, subpart N, the FDIC, as
the appropriate Federal banking agency
for State savings associations proposes
to rescind these regulations in their
entirety. The FDIC believes that the
provisions of the FDI Act are sufficient
to establish the authority of the FDIC,
once it has been appointed conservator
or receiver of an insured depository
institution, to give adequate notice of its
appointment and to take possession of
and exercise control over the assets of
a failed institution, including insured
State savings associations. The rules
found at 12 CFR part 390, subpart N 15
are in some respects duplicative and in
others inconsistent with the provisions
of the FDI Act and current FDIC
procedures established pursuant to the
exercise of corporate powers granted
FDIC under the FDI Act.
12 CFR § 390.240—Procedure Upon
Taking Possession
The FDIC interim rule found at 12
CFR 390.240 contains a transferred OTS
U.S.C. 1821(c)(3)(A).
U.S.C. 5414(c).
15 12 CFR Part 390, Subpart N contains two
regulations: section 390.240, entitled ‘‘Procedure
upon taking possession’’ and section 390.241
entitled ‘‘Notice of appointment.’’
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14 12
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regulation outlining procedures to be
followed by conservators and receivers
for Federal and State savings
associations for taking possession of
said entities upon appointment that is
inconsistent with provisions of the FDI
Act in two respects. First, the FDIC
interim rule’s references to ‘‘Executive
Secretary’’ 16 and ‘‘FDIC’’ 17 suggest that
only the FDIC will serve as conservator
or receiver of an insured State
depository institution, whereas a State
authority could appoint a different
entity as conservator or receiver, and the
FDI Act provides that the acceptance of
such tendered appointment is at the
discretion of the FDIC rather than
mandatory.18 In addition, the interim
rule provides that the FDIC, upon being
appointed conservator or receiver of a
State or Federal savings association, is
to take possession of the failed
institution ‘‘in accordance with the
terms of the OCC’s or State bank
supervisor’s, as appropriate,
appointment’’ 19 and elsewhere requires
the FDIC to post a notice at all locations
where the failed institution operated, as
‘‘prescribed by the OCC or State bank
supervisor, as appropriate.’’ 20 These
two provisions diverge from the FDI
Act, which provides that, when acting
as conservator or receiver, the FDIC
‘‘shall not be subject to the direction or
supervision of any other agency or
department of the United States or any
State in the exercise of the Corporation’s
rights, powers, and privileges.’’ 21
This transferred OTS regulation is
inconsistent with FDIC practice and
procedures in two respects. Section
390.240(a) requires the FDIC, when
appointed as receiver or conservator to
take ‘‘possession of the principal office’’
of the failed institution, whereas, in
practice, the FDIC, upon appointment as
conservator or receiver, takes
coordinated simultaneous possession of
all locations from which a failed
institution operates, even in cases where
multiple time zones are involved. In
addition, § 390.240(b)(3) requires the
filing of a statement with the Executive
Secretary indicating that the conservator
or receiver took possession of the failed
16 12
CFR 390.240(b)(3).
CFR 390.241.
18 12 U.S.C. 1821(c)(3)(A) provides that
‘‘[w]henever the authority having supervision of
any insured State depository institution appoints a
conservator or receiver for such institution and
tenders appointment to the Corporation, the
Corporation may accept such appointment.’’
[Emphasis added].
19 12 CFR 390.240(a).
20 § 390.240(b)(4).
21 12 U.S.C. 1821(c)(2)(C) [with respect to Federal
depository institutions] and 12 U.S.C. 1821(c)(3)(C)
[with respect to insured State depository
institutions].
17 12
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institution. This provision is also
inconsistent with FDIC practice. The
FDIC Board of Directors is aware of all
impending potential appointments of
the Corporation as conservator or
receiver of a failing insured depository
institution and, at the appropriate time,
adopts resolutions specific to the failing
institution delegating to corporate
officers the necessary authority to
accept the appointment and carry out
the required procedures to take
possession of a failed institution.
Accordingly, it is not necessary for
corporate officers to whom authority has
been thus delegated, to file any
statement or otherwise give specific
notice to the Executive Secretary or the
Board of Directors about taking actions
the Board of Directors specifically
directed them to take. The electronic
notifications, press releases and Web
site postings handled by the FDIC’s
Office of Communications upon the
closing of a failed institution serve to
keep all interested parties, public and
internal, adequately informed.
Finally, this transferred OTS
regulation is duplicative of selfexecuting provisions of the FDI Act.
Section 390.240(b) contains provisions
that prescribe actions that the FDIC
must take after taking possession of a
savings association. These include: (1)
Taking possession of the failed
institutions books, records and assets; 22
(2) providing written notice to certain
parties, ‘‘personally or by registered
mail or telegraph,’’ that the FDIC ‘‘has
succeeded to rights, powers and
privileges of the [failed institution];’’ 23
and (3) a statement of the fact that FDIC
as conservator or receiver succeeds to
the rights, titles, powers and privileges
of the failed institution and its assets.24
These provisions are redundant and
unnecessary.25 Pursuant to the FDI Act,
FDIC, as conservator or receiver, by
operation of law, succeeds to ‘‘all rights,
titles, powers and privileges of the
[failed] institution . . . and the assets of
the [failed] institution.’’ 26 The FDI Act
also empowers the FDIC, as conservator
or receiver, ‘‘to take over the assets and
operate the insured depository
institution with all the powers of the
members or shareholders, the directors
and the officers of the institution and
conduct all business of the
institution.’’ 27 These provisions of the
FDI Act are self-executing and do not
22 § 390.240(b)(1).
23 § 390.240(b)(2).
require a regulation to restate, add or
subtract from their broad clear and
unambiguous language.
12 CFR 390.241—Notice of
Appointment
The FDIC interim rule found at 12
CFR 390.241 contains a transferred OTS
regulation outlining procedures for
giving notice of the appointment of a
conservator or receiver for a Federal or
State savings association that is contrary
to provisions of the FDI Act or is
inconsistent with FDIC practice and
procedures in several respects. First,
§ 390.241(a) requires the FDIC, when the
OCC or a State bank supervisor appoints
it as conservator or receiver, to
designate the person or entities that will
give or post certain notices and certified
copies of documents prior to taking
possession of the failed institution. The
FDIC’s Board of Directors, pursuant to
authority in the FDI Act has delegated
authority to certain corporate positions,
among them those of Closing Manager
and Receiver-in-Charge. The officers
appointed to fill these positions have
the necessary authority to take the
actions contemplated in § 390.241(a).
This authority is delegated from the
FDIC’s Board of Directors by means of
resolutions that are a matter of public
record and are readily available.
Second, § 390.241(a)(1) through (3)
preconditions the conservator’s or
receiver’s taking possession of a failed
savings association on certain notice
requirements providing that ‘‘before the
conservator or receiver takes possession
of the savings association’’ the FDIC
must give notice ‘‘to any officer or
employee who is present in and appears
to be in charge at the principal office of
the savings association;’’ 28 must serve a
copy of the order for the appointment by
‘‘leaving a certified copy of the order of
appointment at the principal office of
the savings association,’’ 29 or by
‘‘handing a certified copy of the order of
appointment to the previous conservator
. . . or the officer or employee of the
savings association . . . who is present
in and appears to be in charge at the
principal office of the savings
association;’’ 30 and must file ‘‘with the
Executive Secretary of the FDIC a
statement that includes the date and
time that notice of the appointment was
given and service of the order of
appointment was made.’’ 31 Pursuant to
the FDI Act, when appointed
conservator or receiver, the FDIC, by
operation of law, succeeds to the assets
24 § 390.240(b)(5).
28 12
CFR 390.241(a)(1).
CFR 390.241(a)(2)(i).
30 12 CFR 390.241(a)(2)(ii).
31 12 CFR 390.241(a)(3).
25 FDIC provides notice to interested parties
through press releases and its Web site.
26 12 U.S.C. 1821(d)(2(A).
27 12 U.S.C. 1821(d)(2(B).
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42237
and all rights, titles, powers and
privileges of a failed institution. The
FDI Act also empowers the FDIC, as
conservator or receiver, to take over the
assets and operate the failed insured
depository institution.32 As stated
above, these provisions of the FDI Act
are self-executing and the taking of
possession of a failed savings
association by the FDIC following its
appointment as conservator or receiver
is not conditioned on the giving of
notice of appointment or the serving of
an order of appointment. In addition,
the notices listed in § 390.241(a)(1)
through (3) are given instantaneously
and simultaneously through electronic
means by the FDIC upon acceptance of
the appointment. The requirements in
this rule are cumbersome, redundant
and inconsistent with the FDI Act.
Rescinding the rules found at 12 CFR
part 390, subpart N will serve to
streamline the FDIC’s rules, prevent
confusion and eliminate unnecessary
regulations.
III. Request for Comments
The FDIC invites comments on all
aspects of the proposed rulemaking.
Written comments must be received by
the FDIC no later than September 19,
2014.
IV. Regulatory Analysis and Procedure
A. The Paperwork Reduction Act
Removing part 390, subpart N will not
revise any existing information
collections pursuant to the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.).
Consequently, FDIC has not submitted
any information collection revisions to
the Office of Management and Budget
for review.
B. The Regulatory Flexibility Act
The Regulatory Flexibility Act, 5
U.S.C. 601, et seq., (RFA), requires that
each Federal agency either (1) certify
that a proposed rule would not, if
adopted in final form, have a significant
economic impact on a substantial
number of small entities or (2) prepare
an initial regulatory flexibility analysis
of the rule and publish the analysis for
comment. Rescinding 12 CFR part 390,
subpart N will leave the FDI Act as the
sole source of the FDIC’s authority to act
as conservator or receiver for an insured
depository institution and does not
impose any obligations or restrictions
on banking organizations, including
small banking organizations. On this
basis, the FDIC certifies that this
proposal, if it is adopted in final form,
would not have a significant impact on
a substantial number of small entities,
32 See
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within the meaning of those terms as
used in the RFA.
C. Plain Language
Section 722 of the Gramm-LeachBliley Act, Public Law 106–102, 113
Stat. 1338, 1471, 12 U.S.C. 4809,
requires each Federal banking agency to
use plain language in all of its proposed
and final rules published after January
1, 2000. As a Federal banking agency
subject to the provisions of this section,
the FDIC has sought to present the
proposed rule to rescind Part 390,
Subpart N in a simple and
straightforward manner. The FDIC
invites comments on whether the
proposal is clearly stated and effectively
organized, and how the FDIC might
make the proposal easier to understand.
D. The Economic Growth and
Regulatory Paperwork Reduction Act
Under section 2222 of the Economic
Growth and Regulatory Paperwork
Reduction Act of 1996 (‘‘EGRPRA’’), the
FDIC is required to review all of its
regulations, at least once every 10 years,
in order to identify any outdated or
otherwise unnecessary regulations
imposed on insured institutions. The
FDIC completed the last comprehensive
review of its regulations under EGRPRA
in 2006 and is commencing the next
decennial review. The action taken on
this rule will be included as part of the
EGRPRA review that is currently under
way. As part of that review, the FDIC
invites comments concerning whether
the Proposed Rule would impose any
outdated or unnecessary regulatory
requirements on insured depository
institutions. If you provide such
comments, please be specific and
provide alternatives whenever
appropriate.
List of Subjects in 12 CFR Part 390
Banks and banking, Savings
associations.
Authority and Issuance
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For the reasons stated in the preamble
and under the authority of 12 U.S.C.
5412, the Board of Directors of the
Federal Deposit Insurance Corporation
proposes to amend 12 CFR part 390 as
follows:
PART 390—REGULATIONS
TRANSFERRED FROM THE OFFICE OF
THRIFT SUPERVISION
1. The authority citation for part 390
is revised to read as follows:
■
Authority: 12 U.S.C. 1819.
Subpart A also issued under 12 U.S.C.
1820.
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Subpart B also issued under 12 U.S.C.
1818.
Subpart C also issued under 5 U.S.C. 504;
554–557; 12 U.S.C. 1464; 1467; 1468; 1817;
1818; 1820; 1829; 3349, 4717; 15 U.S.C. 78
l; 78o–5; 78u–2; 28 U.S.C. 2461 note; 31
U.S.C. 5321; 42 U.S.C. 4012a.
Subpart D also issued under 12 U.S.C.
1817; 1818; 1820; 15 U.S.C. 78 l.
Subpart E also issued under 12 U.S.C.
1813; 1831m; 15 U.S.C. 78.
Subpart F also issued under 5 U.S.C. 552;
559; 12 U.S.C. 2901 et seq.
Subpart G also issued under 12 U.S.C. 2810
et seq., 2901 et seq.; 15 U.S.C. 1691; 42 U.S.C.
1981, 1982, 3601–3619.
Subpart H also issued under 12 U.S.C.
1464; 1831y.
Subpart I also issued under 12 U.S.C.
1831x.
Subpart J also issued under 12 U.S.C.
1831p–1.
Subpart L also issued under 12 U.S.C.
1831p–1.
Subpart M also issued under 12 U.S.C.
1818.
Subpart O also issued under 12 U.S.C.
1828.
Subpart P also issued under 12 U.S.C.
1470; 1831e; 1831n; 1831p–1; 3339.
Subpart Q also issued under 12 U.S.C.
1462; 1462a; 1463; 1464.
Subpart R also issued under 12 U.S.C.
1463; 1464; 1831m; 1831n; 1831p–1.
Subpart S also issued under 12 U.S.C.
1462; 1462a; 1463; 1464; 1468a; 1817; 1820;
1828; 1831e; 1831o; 1831p–1; 1881–1884;
3207; 3339; 15 U.S.C. 78b; 78l; 78m; 78n;
78p; 78q; 78w; 31 U.S.C. 5318; 42 U.S.C.
4106.
Subpart T also issued under 12 U.S.C.
1462a; 1463; 1464; 15 U.S.C. 78c; 78l; 78m;
78n; 78w.
Subpart U also issued under 12 U.S.C.
1462a; 1463; 1464; 15 U.S.C. 78c; 78l; 78m;
78n; 78p; 78w; 78d–1; 7241; 7242; 7243;
7244; 7261; 7264; 7265.
Subpart V also issued under 12 U.S.C.
3201–3208.
Subpart W also issued under 12 U.S.C.
1462a; 1463; 1464; 15 U.S.C. 78c; 78l; 78m;
78n; 78p; 78w.
Subpart X also issued under 12 U.S.C.
1462; 1462a; 1463; 1464; 1828; 3331 et seq.
Subpart Y also issued under 12 U.S.C.
1831o.
Subpart Z also issued under 12 U.S.C.
1462; 1462a; 1463; 1464; 1828 (note).
Subpart N—[Removed and Reserved]
2. Remove and reserve subpart N,
consisting of §§ 390.240 through
390.241.
■
Dated at Washington, DC, this 15th day of
July 2014.
By order of the Board of Directors.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
FARM CREDIT ADMINISTRATION
12 CFR Chapter VI
RIN 3052–AC88
Statement on Regulatory Burden
Farm Credit Administration.
Final Notice of Intent.
AGENCY:
ACTION:
This document is part of the
Farm Credit Administration’s (FCA,
Agency, we or our) 2013 initiative to
reduce regulatory burden for Farm
Credit System (FCS or System)
institutions. Several System institutions
responded to our July 2013 request for
comments by identifying regulations
that they considered burdensome,
ineffective, or duplicative, and this
document responds to those comments.
DATES: July 21, 2014.
ADDRESSES: Farm Credit
Administration, 1501 Farm Credit Drive,
McLean, Virginia 22102–5090.
FOR FURTHER INFORMATION CONTACT:
Lori R. Markowitz, Policy Analyst,
Office of Regulatory Policy, Farm
Credit Administration, McLean, VA
22102–5090, (703) 883–4487, TTY
(703) 883–4056; or
Mary Alice Donner, Senior Counsel,
Office of General Counsel, Farm
Credit Administration, McLean, VA
22102–5090, (703) 883–4020, TTY
(703) 883–4056.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
On July 18, 2013, we published a
document in the Federal Register
inviting the public to comment on our
regulations that duplicate other
requirements, are not effective in
achieving stated objectives, are not
based on law, or impose burdens that
are greater than the benefits received.1
We received letters from Farm Credit
East, ACA (Farm Credit East), Farm
Credit Services of America, ACA
(FCSA), Lone Star AgCredit, ACA (Lone
Star), AgSouth Farm Credit, ACA
(AgSouth), and the Farm Credit Council
(Council) containing 16 comments. The
letters commented on regulations
concerning: Standards of conduct;
eligibility and scope of financing;
participations and syndications;
liquidity reserve; issuance of equities;
borrower rights; production of
documents; financing for farm-related
services; advisory votes on senior officer
compensation; FCA guidance; and
technical corrections needed.
The purpose of this document is to
discuss the comments raised about FCA
[FR Doc. 2014–16977 Filed 7–18–14; 8:45 am]
1 See
BILLING CODE 6714–01–P
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78 FR 42893.
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Agencies
[Federal Register Volume 79, Number 139 (Monday, July 21, 2014)]
[Proposed Rules]
[Pages 42235-42238]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16977]
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FEDERAL DEPOSIT INSURANCE CORPORATION
12 CFR Part 390
RIN 3064-AE17
Transferred OTS Regulations Regarding Possession by Conservators
and Receivers for Federal and State Savings Associations.
AGENCY: Federal Deposit Insurance Corporation.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Federal Deposit Insurance Corporation (FDIC) proposes to
rescind and remove regulations regarding possession by conservators and
receivers for federal and state savings associations, which are no
longer necessary in light of or contradict provisions of the Federal
Deposit Insurance Act and are not in accordance with FDIC practice and
procedures. The regulations were included in the regulations that were
transferred to the FDIC from the Office of Thrift Supervision (OTS) on
July 21, 2011, in connection with the implementation of applicable
provisions of Title III of the Dodd-Frank Wall Street Reform and
Consumer Protection Act. Rescinding these regulations will eliminate
confusion that may arise from duplicative or inconsistent rules and
procedures and will eliminate unnecessary regulations.
DATES: Comments must be received on or before September 19, 2014.
ADDRESSES: You may submit comments by any of the following methods:
FDIC Web site: https://www.fdic.gov/regulations/laws/federal/. Follow instructions for submitting comments on the agency Web
site.
FDIC Email: Comments@fdic.gov. Include RIN 3064-AE17 in
the subject line of the message.
FDIC Mail: Robert E. Feldman, Executive Secretary,
Attention: Comments, Federal Deposit Insurance Corporation, 550 17th
Street NW., Washington, DC 20429.
Hand Delivery to FDIC: Comments may be hand-delivered to
the guard station at the rear of the 550 17th Street Building (located
on F Street) on business days between 7 a.m. and 5 p.m.
Please note: All comments received will be posted generally
without change to https://www.fdic.gov/regulations/laws/federal/,
including any personal information provided.
FOR FURTHER INFORMATION CONTACT: R. Penfield Starke, Assistant General
Counsel, Legal Division (703) 562-2422 or rstarke@fdic.gov; Thomas
Bolt, Senior Counsel, Legal Division (703) 562-2046 or tbolt@fdic.gov;
or Manuel E. Cabeza, Counsel, Legal Division (703) 562-2434 or
mcabeza@fdic.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The Dodd-Frank Act
The Dodd-Frank Wall Street Reform and Consumer Protection Act
(``Dodd-Frank Act'') \1\, signed into law on July 21, 2010, provided
for a substantial reorganization of the regulation of State and Federal
savings associations and their holding companies. Beginning July 21,
2011, the transfer date established by section 311 of the Dodd-Frank
Act,\2\ the powers, duties, and functions formerly performed by the OTS
were divided among the FDIC as to State savings associations, the
Office of Comptroller of the Currency (OCC) as to Federal savings
associations, and the Board of Governors of the Federal Reserve System
(FRB) as to savings and loan holding companies. Section 316(b) of the
Dodd-Frank Act \3\ provides the manner of treatment for all orders,
resolutions, determinations, regulations, and other advisory materials,
that were issued, made, prescribed, or allowed to become effective by
the OTS. The section provides that if such advisory materials were in
effect on the day before the transfer date, they continue in effect and
are enforceable by or against the appropriate successor agency until
they are modified, terminated, set aside, or superseded in accordance
with applicable law by such successor agency, by any court of competent
jurisdiction, or by operation of law.
---------------------------------------------------------------------------
\1\ Dodd-Frank Wall Street Reform and Consumer Protection Act,
Public Law 111-203, 12 U.S.C. 5301 et seq. (2010).
\2\ 12 U.S.C. 5411.
\3\ 12 U.S.C. 5414(b).
---------------------------------------------------------------------------
Section 316(c) of the Dodd-Frank Act \4\ further directed the FDIC
and the OCC to consult with one another and to publish a list of the
continued OTS regulations that would be enforced by the FDIC and the
OCC respectively. On June 14, 2011 the FDIC's Board of Directors
approved a ``List of OTS Regulations to be Enforced by the OCC and the
FDIC Pursuant to the Dodd-Frank Wall Street Reform and Consumer
Protection Act.'' This list was published by the FDIC and the OCC as a
Joint Notice in the Federal Register on July 6, 2011.\5\
---------------------------------------------------------------------------
\4\ 12 U.S.C. 5414(c).
\5\ 76 FR 39247 (July 6, 2011).
---------------------------------------------------------------------------
FDIC's Authority To Regulate
Although section 312(b)(2)(B)(i)(II) of the Dodd-Frank Act \6\
granted the OCC rulemaking authority relating to both State and Federal
savings associations, nothing in the Dodd-Frank Act affected the FDIC's
existing authority to issue regulations under the Federal Deposit
Insurance Act (the ``FDI Act'') \7\ and other laws as the ``appropriate
Federal banking agency'' or under similar statutory terminology.
Section 312(c) of the Dodd-Frank Act amended section 3(q) of the FDI
Act \8\ and designated the FDIC as the ``appropriate Federal banking
agency'' for State savings associations. As a result, when the FDIC
acts as the designated ``appropriate Federal banking agency'' (or under
similar terminology) for State savings associations, as it does here,
the FDIC is authorized to issue, modify and rescind regulations
involving such associations.
---------------------------------------------------------------------------
\6\ 12 U.S.C. 5412(b)(2)(B)(i)(II).
\7\ 12 U.S.C. 1811 et seq.
\8\ 12 U.S.C. 1813(q).
---------------------------------------------------------------------------
As noted, on June 14, 2011 the FDIC's Board of Directors reissued
and redesignated certain transferring regulations of the former OTS.
These transferred OTS regulations were published as FDIC interim rules
in the Federal Register on August 5, 2011.\9\ When it republished the
transferred OTS regulations as new FDIC
[[Page 42236]]
regulations, the FDIC specifically noted that its staff would evaluate
the transferred OTS rules and might later recommend incorporating the
transferred OTS regulations into other FDIC rules, amending them, or
rescinding them, as appropriate.
---------------------------------------------------------------------------
\9\ 76 FR 47652 (August 5, 2011).
---------------------------------------------------------------------------
One of the regulations transferred to the FDIC governed the
procedures to be followed by conservators and receivers for Federal and
State savings associations upon taking possession of said entities and
for the giving notice of their appointment. This OTS regulation,
formerly found at 12 CFR part 558, was transferred to the FDIC with
only nominal changes and is now found in the FDIC's regulations at 12
CFR part 390, subpart N. Unlike the OTS, which was established in 1989
as an office within the Department of the Treasury,\10\ the FDIC's role
and responsibilities when serving as conservator or receiver are
defined by specific statutory provisions contained in the FDI Act. The
FDIC is a federal corporation established by the FDI Act,\11\ and has
been entrusted with virtually complete responsibility for resolving
failed insured depository institutions. The FDI Act confers expansive
powers on the FDIC and its Board of Directors to ensure the efficiency
of the process. The FDIC's Board of Directors is empowered to prescribe
bylaws regulating the manner in which the FDIC's general business may
be conducted and to exercise, directly or through duly authorized
officers and agents, all powers specifically granted by the statute and
such incidental powers as are necessary to carry out the powers so
granted.\12\ Pursuant to this authority, the FDIC's Board of Directors
has appointed various officers and has issued resolutions delegating
corporate authority to these officers. Pursuant to this delegated
corporate authority, FDIC officers have established detailed procedures
governing the closing of failed institutions when the FDIC is appointed
conservator or receiver. If the proposed rule is adopted, the
procedures followed by the FDIC upon appointment as conservator or
receiver, implemented through delegated corporate powers, including
those for providing notice of such appointment, will continue to be
those followed by FDIC prior to the transfer of responsibilities from
the former OTS. With respect to instances where the FDIC, pursuant to
the discretion it has been granted under the FDI Act,\13\ elects to
decline tendered appointment as conservator or receiver by an authority
having supervision of an insured State depository institution,
applicable State law will continue to govern matters pertinent to such
conservatorships or receiverships.
---------------------------------------------------------------------------
\10\ The Office of Thrift Supervision was established by the
Financial Institutions Reform, Recovery and Enforcement Act of 1989
(``FIRREA''), Public Law 101-73, 103 Stat. 183 (1989) (codified at
various sections of 12 and 15 U.S.C.).
\11\ 12 U.S.C. 1811(a).
\12\ 12 U.S.C. 1819(a) ``Sixth'' and ``Seventh.''
\13\ 12 U.S.C. 1821(c)(3)(A).
---------------------------------------------------------------------------
II. The Proposal
After careful review of 12 CFR part 390, subpart N--Possession by
Conservators and Receivers for Federal and State Savings Associations,
the FDIC proposes to rescind 12 CFR part 390, subpart N, because the
regulations contained in this subpart are unnecessary in light of, or
contrary to provisions of the FDI Act and are duplicative of, or not in
accordance with FDIC practice and procedures. Regarding the functions
of the former OTS that were transferred to the FDIC, section 316(b)(3)
of the Dodd-Frank Act,\14\ in pertinent part, provides that the former
OTS's regulations will be enforceable by the FDIC until they are
modified, terminated, set aside, or superseded in accordance with
applicable law. After reviewing the rules regarding possession by
conservators and receivers for Federal and State savings associations
and notice procedures following such appointments, currently found in
12 CFR part 390, subpart N, the FDIC, as the appropriate Federal
banking agency for State savings associations proposes to rescind these
regulations in their entirety. The FDIC believes that the provisions of
the FDI Act are sufficient to establish the authority of the FDIC, once
it has been appointed conservator or receiver of an insured depository
institution, to give adequate notice of its appointment and to take
possession of and exercise control over the assets of a failed
institution, including insured State savings associations. The rules
found at 12 CFR part 390, subpart N \15\ are in some respects
duplicative and in others inconsistent with the provisions of the FDI
Act and current FDIC procedures established pursuant to the exercise of
corporate powers granted FDIC under the FDI Act.
---------------------------------------------------------------------------
\14\ 12 U.S.C. 5414(c).
\15\ 12 CFR Part 390, Subpart N contains two regulations:
section 390.240, entitled ``Procedure upon taking possession'' and
section 390.241 entitled ``Notice of appointment.''
---------------------------------------------------------------------------
12 CFR Sec. 390.240--Procedure Upon Taking Possession
The FDIC interim rule found at 12 CFR 390.240 contains a
transferred OTS regulation outlining procedures to be followed by
conservators and receivers for Federal and State savings associations
for taking possession of said entities upon appointment that is
inconsistent with provisions of the FDI Act in two respects. First, the
FDIC interim rule's references to ``Executive Secretary'' \16\ and
``FDIC'' \17\ suggest that only the FDIC will serve as conservator or
receiver of an insured State depository institution, whereas a State
authority could appoint a different entity as conservator or receiver,
and the FDI Act provides that the acceptance of such tendered
appointment is at the discretion of the FDIC rather than mandatory.\18\
In addition, the interim rule provides that the FDIC, upon being
appointed conservator or receiver of a State or Federal savings
association, is to take possession of the failed institution ``in
accordance with the terms of the OCC's or State bank supervisor's, as
appropriate, appointment'' \19\ and elsewhere requires the FDIC to post
a notice at all locations where the failed institution operated, as
``prescribed by the OCC or State bank supervisor, as appropriate.''
\20\ These two provisions diverge from the FDI Act, which provides
that, when acting as conservator or receiver, the FDIC ``shall not be
subject to the direction or supervision of any other agency or
department of the United States or any State in the exercise of the
Corporation's rights, powers, and privileges.'' \21\
---------------------------------------------------------------------------
\16\ 12 CFR 390.240(b)(3).
\17\ 12 CFR 390.241.
\18\ 12 U.S.C. 1821(c)(3)(A) provides that ``[w]henever the
authority having supervision of any insured State depository
institution appoints a conservator or receiver for such institution
and tenders appointment to the Corporation, the Corporation may
accept such appointment.'' [Emphasis added].
\19\ 12 CFR 390.240(a).
\20\ Sec. 390.240(b)(4).
\21\ 12 U.S.C. 1821(c)(2)(C) [with respect to Federal depository
institutions] and 12 U.S.C. 1821(c)(3)(C) [with respect to insured
State depository institutions].
---------------------------------------------------------------------------
This transferred OTS regulation is inconsistent with FDIC practice
and procedures in two respects. Section 390.240(a) requires the FDIC,
when appointed as receiver or conservator to take ``possession of the
principal office'' of the failed institution, whereas, in practice, the
FDIC, upon appointment as conservator or receiver, takes coordinated
simultaneous possession of all locations from which a failed
institution operates, even in cases where multiple time zones are
involved. In addition, Sec. 390.240(b)(3) requires the filing of a
statement with the Executive Secretary indicating that the conservator
or receiver took possession of the failed
[[Page 42237]]
institution. This provision is also inconsistent with FDIC practice.
The FDIC Board of Directors is aware of all impending potential
appointments of the Corporation as conservator or receiver of a failing
insured depository institution and, at the appropriate time, adopts
resolutions specific to the failing institution delegating to corporate
officers the necessary authority to accept the appointment and carry
out the required procedures to take possession of a failed institution.
Accordingly, it is not necessary for corporate officers to whom
authority has been thus delegated, to file any statement or otherwise
give specific notice to the Executive Secretary or the Board of
Directors about taking actions the Board of Directors specifically
directed them to take. The electronic notifications, press releases and
Web site postings handled by the FDIC's Office of Communications upon
the closing of a failed institution serve to keep all interested
parties, public and internal, adequately informed.
Finally, this transferred OTS regulation is duplicative of self-
executing provisions of the FDI Act. Section 390.240(b) contains
provisions that prescribe actions that the FDIC must take after taking
possession of a savings association. These include: (1) Taking
possession of the failed institutions books, records and assets; \22\
(2) providing written notice to certain parties, ``personally or by
registered mail or telegraph,'' that the FDIC ``has succeeded to
rights, powers and privileges of the [failed institution];'' \23\ and
(3) a statement of the fact that FDIC as conservator or receiver
succeeds to the rights, titles, powers and privileges of the failed
institution and its assets.\24\ These provisions are redundant and
unnecessary.\25\ Pursuant to the FDI Act, FDIC, as conservator or
receiver, by operation of law, succeeds to ``all rights, titles, powers
and privileges of the [failed] institution . . . and the assets of the
[failed] institution.'' \26\ The FDI Act also empowers the FDIC, as
conservator or receiver, ``to take over the assets and operate the
insured depository institution with all the powers of the members or
shareholders, the directors and the officers of the institution and
conduct all business of the institution.'' \27\ These provisions of the
FDI Act are self-executing and do not require a regulation to restate,
add or subtract from their broad clear and unambiguous language.
---------------------------------------------------------------------------
\22\ Sec. 390.240(b)(1).
\23\ Sec. 390.240(b)(2).
\24\ Sec. 390.240(b)(5).
\25\ FDIC provides notice to interested parties through press
releases and its Web site.
\26\ 12 U.S.C. 1821(d)(2(A).
\27\ 12 U.S.C. 1821(d)(2(B).
---------------------------------------------------------------------------
12 CFR 390.241--Notice of Appointment
The FDIC interim rule found at 12 CFR 390.241 contains a
transferred OTS regulation outlining procedures for giving notice of
the appointment of a conservator or receiver for a Federal or State
savings association that is contrary to provisions of the FDI Act or is
inconsistent with FDIC practice and procedures in several respects.
First, Sec. 390.241(a) requires the FDIC, when the OCC or a State bank
supervisor appoints it as conservator or receiver, to designate the
person or entities that will give or post certain notices and certified
copies of documents prior to taking possession of the failed
institution. The FDIC's Board of Directors, pursuant to authority in
the FDI Act has delegated authority to certain corporate positions,
among them those of Closing Manager and Receiver-in-Charge. The
officers appointed to fill these positions have the necessary authority
to take the actions contemplated in Sec. 390.241(a). This authority is
delegated from the FDIC's Board of Directors by means of resolutions
that are a matter of public record and are readily available.
Second, Sec. 390.241(a)(1) through (3) preconditions the
conservator's or receiver's taking possession of a failed savings
association on certain notice requirements providing that ``before the
conservator or receiver takes possession of the savings association''
the FDIC must give notice ``to any officer or employee who is present
in and appears to be in charge at the principal office of the savings
association;'' \28\ must serve a copy of the order for the appointment
by ``leaving a certified copy of the order of appointment at the
principal office of the savings association,'' \29\ or by ``handing a
certified copy of the order of appointment to the previous conservator
. . . or the officer or employee of the savings association . . . who
is present in and appears to be in charge at the principal office of
the savings association;'' \30\ and must file ``with the Executive
Secretary of the FDIC a statement that includes the date and time that
notice of the appointment was given and service of the order of
appointment was made.'' \31\ Pursuant to the FDI Act, when appointed
conservator or receiver, the FDIC, by operation of law, succeeds to the
assets and all rights, titles, powers and privileges of a failed
institution. The FDI Act also empowers the FDIC, as conservator or
receiver, to take over the assets and operate the failed insured
depository institution.\32\ As stated above, these provisions of the
FDI Act are self-executing and the taking of possession of a failed
savings association by the FDIC following its appointment as
conservator or receiver is not conditioned on the giving of notice of
appointment or the serving of an order of appointment. In addition, the
notices listed in Sec. 390.241(a)(1) through (3) are given
instantaneously and simultaneously through electronic means by the FDIC
upon acceptance of the appointment. The requirements in this rule are
cumbersome, redundant and inconsistent with the FDI Act.
---------------------------------------------------------------------------
\28\ 12 CFR 390.241(a)(1).
\29\ 12 CFR 390.241(a)(2)(i).
\30\ 12 CFR 390.241(a)(2)(ii).
\31\ 12 CFR 390.241(a)(3).
\32\ See Footnotes 19 and 20 and related text.
---------------------------------------------------------------------------
Rescinding the rules found at 12 CFR part 390, subpart N will serve
to streamline the FDIC's rules, prevent confusion and eliminate
unnecessary regulations.
III. Request for Comments
The FDIC invites comments on all aspects of the proposed
rulemaking. Written comments must be received by the FDIC no later than
September 19, 2014.
IV. Regulatory Analysis and Procedure
A. The Paperwork Reduction Act
Removing part 390, subpart N will not revise any existing
information collections pursuant to the Paperwork Reduction Act (44
U.S.C. 3501 et seq.). Consequently, FDIC has not submitted any
information collection revisions to the Office of Management and Budget
for review.
B. The Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 601, et seq., (RFA),
requires that each Federal agency either (1) certify that a proposed
rule would not, if adopted in final form, have a significant economic
impact on a substantial number of small entities or (2) prepare an
initial regulatory flexibility analysis of the rule and publish the
analysis for comment. Rescinding 12 CFR part 390, subpart N will leave
the FDI Act as the sole source of the FDIC's authority to act as
conservator or receiver for an insured depository institution and does
not impose any obligations or restrictions on banking organizations,
including small banking organizations. On this basis, the FDIC
certifies that this proposal, if it is adopted in final form, would not
have a significant impact on a substantial number of small entities,
[[Page 42238]]
within the meaning of those terms as used in the RFA.
C. Plain Language
Section 722 of the Gramm-Leach-Bliley Act, Public Law 106-102, 113
Stat. 1338, 1471, 12 U.S.C. 4809, requires each Federal banking agency
to use plain language in all of its proposed and final rules published
after January 1, 2000. As a Federal banking agency subject to the
provisions of this section, the FDIC has sought to present the proposed
rule to rescind Part 390, Subpart N in a simple and straightforward
manner. The FDIC invites comments on whether the proposal is clearly
stated and effectively organized, and how the FDIC might make the
proposal easier to understand.
D. The Economic Growth and Regulatory Paperwork Reduction Act
Under section 2222 of the Economic Growth and Regulatory Paperwork
Reduction Act of 1996 (``EGRPRA''), the FDIC is required to review all
of its regulations, at least once every 10 years, in order to identify
any outdated or otherwise unnecessary regulations imposed on insured
institutions. The FDIC completed the last comprehensive review of its
regulations under EGRPRA in 2006 and is commencing the next decennial
review. The action taken on this rule will be included as part of the
EGRPRA review that is currently under way. As part of that review, the
FDIC invites comments concerning whether the Proposed Rule would impose
any outdated or unnecessary regulatory requirements on insured
depository institutions. If you provide such comments, please be
specific and provide alternatives whenever appropriate.
List of Subjects in 12 CFR Part 390
Banks and banking, Savings associations.
Authority and Issuance
For the reasons stated in the preamble and under the authority of
12 U.S.C. 5412, the Board of Directors of the Federal Deposit Insurance
Corporation proposes to amend 12 CFR part 390 as follows:
PART 390--REGULATIONS TRANSFERRED FROM THE OFFICE OF THRIFT
SUPERVISION
0
1. The authority citation for part 390 is revised to read as follows:
Authority: 12 U.S.C. 1819.
Subpart A also issued under 12 U.S.C. 1820.
Subpart B also issued under 12 U.S.C. 1818.
Subpart C also issued under 5 U.S.C. 504; 554-557; 12 U.S.C.
1464; 1467; 1468; 1817; 1818; 1820; 1829; 3349, 4717; 15 U.S.C. 78
l; 78o-5; 78u-2; 28 U.S.C. 2461 note; 31 U.S.C. 5321; 42 U.S.C.
4012a.
Subpart D also issued under 12 U.S.C. 1817; 1818; 1820; 15
U.S.C. 78 l.
Subpart E also issued under 12 U.S.C. 1813; 1831m; 15 U.S.C. 78.
Subpart F also issued under 5 U.S.C. 552; 559; 12 U.S.C. 2901 et
seq.
Subpart G also issued under 12 U.S.C. 2810 et seq., 2901 et
seq.; 15 U.S.C. 1691; 42 U.S.C. 1981, 1982, 3601-3619.
Subpart H also issued under 12 U.S.C. 1464; 1831y.
Subpart I also issued under 12 U.S.C. 1831x.
Subpart J also issued under 12 U.S.C. 1831p-1.
Subpart L also issued under 12 U.S.C. 1831p-1.
Subpart M also issued under 12 U.S.C. 1818.
Subpart O also issued under 12 U.S.C. 1828.
Subpart P also issued under 12 U.S.C. 1470; 1831e; 1831n; 1831p-
1; 3339.
Subpart Q also issued under 12 U.S.C. 1462; 1462a; 1463; 1464.
Subpart R also issued under 12 U.S.C. 1463; 1464; 1831m; 1831n;
1831p-1.
Subpart S also issued under 12 U.S.C. 1462; 1462a; 1463; 1464;
1468a; 1817; 1820; 1828; 1831e; 1831o; 1831p-1; 1881-1884; 3207;
3339; 15 U.S.C. 78b; 78l; 78m; 78n; 78p; 78q; 78w; 31 U.S.C. 5318;
42 U.S.C. 4106.
Subpart T also issued under 12 U.S.C. 1462a; 1463; 1464; 15
U.S.C. 78c; 78l; 78m; 78n; 78w.
Subpart U also issued under 12 U.S.C. 1462a; 1463; 1464; 15
U.S.C. 78c; 78l; 78m; 78n; 78p; 78w; 78d-1; 7241; 7242; 7243; 7244;
7261; 7264; 7265.
Subpart V also issued under 12 U.S.C. 3201-3208.
Subpart W also issued under 12 U.S.C. 1462a; 1463; 1464; 15
U.S.C. 78c; 78l; 78m; 78n; 78p; 78w.
Subpart X also issued under 12 U.S.C. 1462; 1462a; 1463; 1464;
1828; 3331 et seq.
Subpart Y also issued under 12 U.S.C. 1831o.
Subpart Z also issued under 12 U.S.C. 1462; 1462a; 1463; 1464;
1828 (note).
Subpart N--[Removed and Reserved]
0
2. Remove and reserve subpart N, consisting of Sec. Sec. 390.240
through 390.241.
Dated at Washington, DC, this 15th day of July 2014.
By order of the Board of Directors.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2014-16977 Filed 7-18-14; 8:45 am]
BILLING CODE 6714-01-P