Qualified Financial Contracts Recordkeeping Related to Orderly Liquidation Authority, 61505-61507 [2017-28073]
Download as PDF
Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Proposed Rules
necessary to ensure the reliability and
integrity of the Nation’s Bulk-Power
System.
48. Interested persons may obtain
information on the reporting
requirements by contacting: Federal
Energy Regulatory Commission, 888
First Street NE, Washington, DC 20426
[Attention: Ellen Brown, Office of the
Executive Director, email:
DataClearance@ferc.gov, Phone: (202)
502–8663, fax: (202) 273–0873].
Comments on the requirements of this
rule may also be sent to the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
Washington, DC 20503 [Attention: Desk
Officer for the Federal Energy
Regulatory Commission]. For security
reasons, comments should be sent by
email to OMB at oira_submission@
omb.eop.gov. Please refer to OMB
Control No. 1902–0225 and FERC–725
in your submission.
sradovich on DSK3GMQ082PROD with PROPOSALS
IV. Environmental Analysis
49. The Commission is required to
prepare an Environmental Assessment
or an Environmental Impact Statement
for any action that may have a
significant adverse effect on the human
environment.55 The Commission has
categorically excluded certain actions
from this requirement as not having a
significant effect on the human
environment. Included in the exclusion
are rules that are clarifying, corrective,
or procedural or that do not
substantially change the effect of the
regulations being amended.56 The
actions proposed herein fall within this
categorical exclusion in the
Commission’s regulations.
V. Regulatory Flexibility Act Analysis
50. The Regulatory Flexibility Act of
1980 (RFA) 57 generally requires a
description and analysis of proposed
rules that will have significant
economic impact on a substantial
number of small entities.
51. By only proposing to direct NERC,
the Commission-certified ERO, to
develop modified Reliability Standards
for Cyber Security Incident reporting,
this Notice of Proposed Rulemaking will
not have a significant or substantial
impact on entities other than NERC.
Therefore, the Commission certifies that
this Notice of Proposed Rulemaking will
not have a significant economic impact
on a substantial number of small
entities.
55 Regulations Implementing the National
Environmental Policy Act of 1969, Order No. 486,
FERC Stats. & Regs. ¶ 30,783 (1987) (crossreferenced at 41 FERC ¶ 61,284).
56 18 CFR 380.4(a)(2)(ii).
57 5 U.S.C. 601–612.
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52. Any Reliability Standards
proposed by NERC in compliance with
this rulemaking will be considered by
the Commission in future proceedings.
As part of any future proceedings, the
Commission will make determinations
pertaining to the Regulatory Flexibility
Act based on the content of the
Reliability Standards proposed by
NERC.
VI. Comment Procedures
53. The Commission invites interested
persons to submit comments on the
matters and issues proposed in this
notice to be adopted, including any
related matters or alternative proposals
that commenters may wish to discuss.
Comments are due February 26, 2018.
Comments must refer to Docket No.
RM18–2–000, and must include the
commenter’s name, the organization
they represent, if applicable, and
address.
54. The Commission encourages
comments to be filed electronically via
the eFiling link on the Commission’s
website at https://www.ferc.gov. The
Commission accepts most standard
word processing formats. Documents
created electronically using word
processing software should be filed in
native applications or print-to-PDF
format and not in a scanned format.
Commenters filing electronically do not
need to make a paper filing.
55. Commenters that are not able to
file comments electronically must send
an original of their comments to:
Federal Energy Regulatory Commission,
Secretary of the Commission, 888 First
Street NE, Washington, DC 20426.
56. All comments will be placed in
the Commission’s public files and may
be viewed, printed, or downloaded
remotely as described in the Document
Availability section below. Commenters
on this proposal are not required to
serve copies of their comments on other
commenters.
VII. Document Availability
57. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the internet through the
Commission’s Home Page (https://
www.ferc.gov) and in the Commission’s
Public Reference Room during normal
business hours (8:30 a.m. to 5:00 p.m.
Eastern time) at 888 First Street NE,
Room 2A, Washington, DC 20426.
58. From the Commission’s Home
Page on the internet, this information is
available on eLibrary. The full text of
this document is available on eLibrary
in PDF and Microsoft Word format for
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61505
viewing, printing, and/or downloading.
To access this document in eLibrary,
type the docket number of this
document, excluding the last three
digits, in the docket number field.
59. User assistance is available for
eLibrary and the Commission’s website
during normal business hours from the
Commission’s Online Support at 202–
502–6652 (toll free at 1–866–208–3676)
or email at ferconlinesupport@ferc.gov,
or the Public Reference Room at (202)
502–8371, TTY (202) 502–8659. Email
the Public Reference Room at
public.referenceroom@ferc.gov.
By direction of the Commission.
Issued: December 21, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017–28083 Filed 12–27–17; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF THE TREASURY
31 CFR Part 148
RIN 1505–AC57
Qualified Financial Contracts
Recordkeeping Related to Orderly
Liquidation Authority
Department of the Treasury.
Proposed rule.
AGENCY:
ACTION:
The Secretary of the Treasury
(the ‘‘Secretary’’), as Chairperson of the
Financial Stability Oversight Council, is
proposing, in consultation with the
Federal Deposit Insurance Corporation
(the ‘‘FDIC’’), an amendment to the
regulation implementing the qualified
financial contract (‘‘QFC’’)
recordkeeping requirements of the
Dodd-Frank Wall Street Reform and
Consumer Protection Act (the ‘‘DoddFrank Act’’ or the ‘‘Act’’) that would
extend the compliance dates of the
regulation.
SUMMARY:
Written comments must be
received by January 29, 2018.
ADDRESSES: Submit comments
electronically through the Federal
eRulemaking Portal: https://
www.regulations.gov, or by mail (if hard
copy, preferably an original and two
copies) to: The Treasury Department,
Attn: Qualified Financial Contracts
Recordkeeping Comments, 1500
Pennsylvania Avenue NW, Washington,
DC 20220. Because paper mail in the
Washington, DC area may be subject to
delay, it is recommended that comments
be submitted electronically. Please
include your name, affiliation, address,
email address, and telephone number in
your comment. Comments will be
DATES:
E:\FR\FM\28DEP1.SGM
28DEP1
sradovich on DSK3GMQ082PROD with PROPOSALS
61506
Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Proposed Rules
available for public inspection on
www.regulations.gov. In general,
comments received, including
attachments and other supporting
materials, are part of the public record
and are available to the public. Do not
submit any information in your
comment or supporting materials that
you consider confidential or
inappropriate for public disclosure.
FOR FURTHER INFORMATION CONTACT:
Brian Smith, Director, Office of Capital
Markets, (202) 622–0157; Peter
Nickoloff, Financial Economist, Office
of Capital Markets, (202) 622–1692;
Steven D. Laughton, Assistant General
Counsel (Banking & Finance), (202)
622–8413; or Stephen T. Milligan,
Attorney-Advisor, (202) 622–4051.
SUPPLEMENTARY INFORMATION: On
October 31, 2016, the Secretary
published a final regulation pursuant to
section 210(c)(8)(H) of the Dodd-Frank
Act requiring certain financial
companies to maintain records with
respect to their QFC positions,
counterparties, legal documentation,
and collateral that would assist the FDIC
as receiver in exercising its rights and
fulfilling its obligations under Title II of
the Act.1
The regulation provides for staggered
compliance dates for the bulk of the
recordkeeping requirements as follows.
The regulation generally provides that
records entities with $1 trillion or more
in total consolidated assets have 540
days (approximately 18 months) after
the effective date to comply with the
regulation; that records entities with
total assets equal to or greater than $500
billion (but less than $1 trillion) have
two years from the effective date to
comply with the regulation; that records
entities with total assets equal to or
greater than $250 billion (but less than
$500 billion) have three years from the
effective date to comply with the
regulation; and that all other records
entities have four years from the
effective date to comply with the
regulation.2 Given that the effective date
is December 30, 2016, the first of these
compliance dates is currently June 23,
2018.
Separately, the regulation provides
that the Secretary may grant conditional
or unconditional exemptions from the
regulation’s requirements after receiving
a recommendation from the FDIC,
prepared in consultation with the
relevant primary financial regulatory
agencies (as defined in the regulation).3
Since the regulation became effective,
the Secretary, the FDIC, and the primary
1 81
FR 75624 (Oct. 31, 2016).
CFR 148.1(d)(1)(i).
3 31 CFR 148.3(c)(4).
2 31
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17:11 Dec 27, 2017
Jkt 244001
financial regulatory agencies have
received requests for exemptions from
the requirements of the regulation for
certain types of records entities within
a corporate group and certain types of
QFCs. These exemption requests are
currently subject to review by the
Secretary, the FDIC, and the primary
financial regulatory agencies.
In light of the pending exemption
requests and the Administration’s
general policy of alleviating
unnecessary regulatory burdens,4 the
Secretary, in consultation with the
FDIC, is proposing a six month
extension of the compliance dates in the
regulation. Although the Secretary
recognizes the importance of the QFC
recordkeeping requirements, the
Secretary has concluded that it would
impose an unnecessary burden on
records entities to require their
compliance with the regulation before
the scope of their recordkeeping
responsibilities is determined. A short
extension of the compliance dates is
appropriate pending the Secretary’s
decisions whether to grant, in whole or
in part, conditional or unconditional
exemptions based on the exemption
requests received to date, and to allow
adequate time for records entities to
prepare for compliance once the
exemption requests are resolved.
Specifically, the Secretary is
proposing that all records entities be
given approximately an additional six
months to comply with the regulation.
The Secretary estimates that this will
allow sufficient time for the FDIC, in
consultation with the primary financial
regulatory agencies, to formulate
recommendations to the Secretary and
for the Secretary to make a
determination as to the exemption
requests. The Secretary requests
comment on whether the compliance
date should be extended and, if so,
whether six months is the proper length
for the extension and whether the
compliance date should only be
extended with respect to records entities
in the first tier, i.e., those records
entities with a June 23, 2018 compliance
date.
Administrative Law Matters
1. Regulatory Flexibility Act
This proposed rule would not impose
any additional burden on any records
entities; rather, it would reduce the
existing regulatory burden by extending
the periods in which records entities
4 See Executive Order No. 13771, Reducing
Regulation and Controlling Regulatory Costs § 1, 82
FR 9339 (Feb. 3, 2017); Executive Order No. 13777,
Enforcing the Regulatory Reform Agenda, § 1, 82 FR
12285 (Mar. 1, 2017).
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Fmt 4702
Sfmt 4702
have to comply with the regulation’s
requirements. For these reasons and as
discussed further in the release of the
2016 final regulation, the Secretary
certifies, pursuant to 5 U.S.C. 605(b),
that this proposed rule will not have a
significant economic impact on a
substantial number of small entities
under the Small Business
Administration’s most recently revised
standards for small entities, which went
into effect on October 1, 2017.
2. Executive Order 12866
This proposed rule is not a significant
regulatory action as defined in section
3.f of Executive Order 12866.
List of Subjects in 31 CFR Part 148
Reporting and recordkeeping
requirements.
Authority and Issuance
For the reasons set forth in the
preamble, the Department of the
Treasury proposes to revise part 148 to
31 CFR to read as follows:
PART 148—QUALIFIED FINANCIAL
CONTRACTS RECORDKEEPING
RELATED TO THE FDIC ORDERLY
LIQUIDATION AUTHORITY
1. The authority citation for part 148
continues to read as follows:
■
Authority: 31 U.S.C. 321(b) and 12 U.S.C
5390(c)(8)(H).
2. Amend 31 CFR 148.1(d) by revising
the introductory text to paragraphs
(d)(1)(i), (d)(1)(i)(A), (d)(1)(i)(B),
(d)(1)(i)(C), and (d)(1)(i)(D) as follows:
■
§ 148.1 Scope, purpose, effective date, and
compliance dates.
*
*
*
*
*
(d) Compliance. (1) Initial compliance
dates. (i) A records entity subject to this
part on the effective date must comply
with § 148.3(a)(2) on the date that is 90
days after the effective date and with all
other applicable requirements of this
part on:
(A) December 31, 2018 for a records
entity that:
*
*
*
*
*
(B) June 30, 2019 for any records
entity that is not subject to the
compliance date set forth in paragraph
(d)(1)(i)(A) of this section and:
*
*
*
*
*
(C) June 30, 2020 for any records
entity that is not subject to the
compliance date set forth in paragraphs
(d)(1)(i)(A) or (B) of this section and:
*
*
*
*
*
(D) June 30, 2021 for any records
entity that is not subject to the
E:\FR\FM\28DEP1.SGM
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Federal Register / Vol. 82, No. 248 / Thursday, December 28, 2017 / Proposed Rules
compliance dates set forth in paragraphs
(d)(1)(i)(A), (B), or (C) of this section.
*
*
*
*
*
Dated: December 21, 2017.
Clay Berry,
Deputy Assistant Secretary for Capital
Markets.
[FR Doc. 2017–28073 Filed 12–27–17; 8:45 am]
BILLING CODE 4810–25–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[EPA–HQ–OAR–2017–0545; FRL–9972–50–
OAR]
RIN 2060–AT67
State Guidelines for Greenhouse Gas
Emissions from Existing Electric Utility
Generating Units
Environmental Protection
Agency (EPA).
ACTION: Advance notice of proposed
rulemaking.
AGENCY:
An advance notice of
proposed rulemaking (ANPRM) is a
notice intended to solicit information
from the public as the Environmental
Protection Agency (EPA) considers
proposing a future rule. In this ANPRM,
the EPA is considering proposing
emission guidelines to limit greenhouse
gas (GHG) emissions from existing
electric utility generating units (EGUs)
and is soliciting information on the
proper respective roles of the state and
federal governments in that process, as
well as information on systems of
emission reduction that are applicable
at or to an existing EGU, information on
compliance measures, and information
on state planning requirements under
the Clean Air Act (CAA). This ANPRM
does not propose any regulatory
requirements.
SUMMARY:
Comments must be received on
or before February 26, 2018.
ADDRESSES: Comments. Submit your
comments, identified by Docket ID No.
EPA–HQ–OAR–2017–0545, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
sradovich on DSK3GMQ082PROD with PROPOSALS
DATES:
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17:11 Dec 27, 2017
Jkt 244001
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the Web, cloud, or
other file sharing system).
Comments may also be submitted by
mail. Send your comments to: EPA
Docket Center, U.S. EPA, Mail Code
28221T, 1200 Pennsylvania Ave. NW,
Washington, DC 20460, Attn: Docket
No. ID EPA–HQ–OAR–2017–0545.
For additional submission methods,
the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
Instructions. Direct your comments on
the proposed rule to Docket ID No.
EPA–HQ–OAR–2017–0545. The EPA’s
policy is that all comments received
will be included in the public docket
and may be made available online at
https://www.regulations.gov, including
any personal information provided,
unless the comment includes
information claimed to be CBI or other
information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected through https://
www.regulations.gov or email. The
https://www.regulations.gov website is
an ‘‘anonymous access’’ system, which
means the EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to the EPA without
going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the internet. If you
submit an electronic comment, the EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If the EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, the EPA may not
be able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket. The EPA has established a
new docket for this action under Docket
ID No. EPA–HQ–OAR–2017–0545. The
EPA previously established a docket for
the October 23, 2015, Clean Power Plan
(CPP) under Docket ID No. EPA–HQ–
OAR–2013–0602. All documents in the
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Fmt 4702
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61507
docket are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy form. Publicly available docket
materials are available either
electronically at https://
www.regulations.gov or in hard copy at
the EPA Docket Center (EPA/DC), EPA
WJC West Building, Room 3334, 1301
Constitution Ave. NW, Washington, DC.
The Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the EPA
Docket Center is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT: Dr.
Nick Hutson, Energy Strategies Group,
Sector Policies and Programs Division
(D243–01), U.S. Environmental
Protection Agency, Research Triangle
Park, NC 27711; telephone number:
(919) 541–2968; email address:
hutson.nick@epa.gov.
SUPPLEMENTARY INFORMATION:
Submitting CBI. Do not submit
information that you consider to be CBI
electronically through https://
www.regulations.gov or email. Send or
deliver information identified as CBI to
only the following address: OAQPS
Document Control Officer (Room C404–
02), Environmental Protection Agency,
Research Triangle Park, North Carolina
27711; Attn: Docket ID No. EPA–HQ–
OAR–2017–0545.
Clearly mark the part or all of the
information that you claim to be CBI.
For CBI information in a disk or CD–
ROM that you mail to the EPA, mark the
outside of the disk or CD–ROM as CBI
and then identify electronically within
the disk or CD–ROM the specific
information that is claimed as CBI. In
addition to one complete version of the
comment that includes information
claimed as CBI, a copy of the comment
that does not contain the information
claimed as CBI must be submitted for
inclusion in the public docket. If you
submit a CD–ROM or disk that does not
contain CBI, mark the outside of the
disk or CD–ROM clearly that it does not
contain CBI. Information marked as CBI
will not be disclosed except in
accordance with procedures set forth in
40 Code of Federal Regulations (CFR)
part 2.
Organization of This Document. The
following outline is provided to aid in
locating information in this preamble.
I. General Information
E:\FR\FM\28DEP1.SGM
28DEP1
Agencies
[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]
[Proposed Rules]
[Pages 61505-61507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28073]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
31 CFR Part 148
RIN 1505-AC57
Qualified Financial Contracts Recordkeeping Related to Orderly
Liquidation Authority
AGENCY: Department of the Treasury.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Secretary of the Treasury (the ``Secretary''), as
Chairperson of the Financial Stability Oversight Council, is proposing,
in consultation with the Federal Deposit Insurance Corporation (the
``FDIC''), an amendment to the regulation implementing the qualified
financial contract (``QFC'') recordkeeping requirements of the Dodd-
Frank Wall Street Reform and Consumer Protection Act (the ``Dodd-Frank
Act'' or the ``Act'') that would extend the compliance dates of the
regulation.
DATES: Written comments must be received by January 29, 2018.
ADDRESSES: Submit comments electronically through the Federal
eRulemaking Portal: https://www.regulations.gov, or by mail (if hard
copy, preferably an original and two copies) to: The Treasury
Department, Attn: Qualified Financial Contracts Recordkeeping Comments,
1500 Pennsylvania Avenue NW, Washington, DC 20220. Because paper mail
in the Washington, DC area may be subject to delay, it is recommended
that comments be submitted electronically. Please include your name,
affiliation, address, email address, and telephone number in your
comment. Comments will be
[[Page 61506]]
available for public inspection on www.regulations.gov. In general,
comments received, including attachments and other supporting
materials, are part of the public record and are available to the
public. Do not submit any information in your comment or supporting
materials that you consider confidential or inappropriate for public
disclosure.
FOR FURTHER INFORMATION CONTACT: Brian Smith, Director, Office of
Capital Markets, (202) 622-0157; Peter Nickoloff, Financial Economist,
Office of Capital Markets, (202) 622-1692; Steven D. Laughton,
Assistant General Counsel (Banking & Finance), (202) 622-8413; or
Stephen T. Milligan, Attorney-Advisor, (202) 622-4051.
SUPPLEMENTARY INFORMATION: On October 31, 2016, the Secretary published
a final regulation pursuant to section 210(c)(8)(H) of the Dodd-Frank
Act requiring certain financial companies to maintain records with
respect to their QFC positions, counterparties, legal documentation,
and collateral that would assist the FDIC as receiver in exercising its
rights and fulfilling its obligations under Title II of the Act.\1\
---------------------------------------------------------------------------
\1\ 81 FR 75624 (Oct. 31, 2016).
---------------------------------------------------------------------------
The regulation provides for staggered compliance dates for the bulk
of the recordkeeping requirements as follows. The regulation generally
provides that records entities with $1 trillion or more in total
consolidated assets have 540 days (approximately 18 months) after the
effective date to comply with the regulation; that records entities
with total assets equal to or greater than $500 billion (but less than
$1 trillion) have two years from the effective date to comply with the
regulation; that records entities with total assets equal to or greater
than $250 billion (but less than $500 billion) have three years from
the effective date to comply with the regulation; and that all other
records entities have four years from the effective date to comply with
the regulation.\2\ Given that the effective date is December 30, 2016,
the first of these compliance dates is currently June 23, 2018.
---------------------------------------------------------------------------
\2\ 31 CFR 148.1(d)(1)(i).
---------------------------------------------------------------------------
Separately, the regulation provides that the Secretary may grant
conditional or unconditional exemptions from the regulation's
requirements after receiving a recommendation from the FDIC, prepared
in consultation with the relevant primary financial regulatory agencies
(as defined in the regulation).\3\ Since the regulation became
effective, the Secretary, the FDIC, and the primary financial
regulatory agencies have received requests for exemptions from the
requirements of the regulation for certain types of records entities
within a corporate group and certain types of QFCs. These exemption
requests are currently subject to review by the Secretary, the FDIC,
and the primary financial regulatory agencies.
---------------------------------------------------------------------------
\3\ 31 CFR 148.3(c)(4).
---------------------------------------------------------------------------
In light of the pending exemption requests and the Administration's
general policy of alleviating unnecessary regulatory burdens,\4\ the
Secretary, in consultation with the FDIC, is proposing a six month
extension of the compliance dates in the regulation. Although the
Secretary recognizes the importance of the QFC recordkeeping
requirements, the Secretary has concluded that it would impose an
unnecessary burden on records entities to require their compliance with
the regulation before the scope of their recordkeeping responsibilities
is determined. A short extension of the compliance dates is appropriate
pending the Secretary's decisions whether to grant, in whole or in
part, conditional or unconditional exemptions based on the exemption
requests received to date, and to allow adequate time for records
entities to prepare for compliance once the exemption requests are
resolved.
---------------------------------------------------------------------------
\4\ See Executive Order No. 13771, Reducing Regulation and
Controlling Regulatory Costs Sec. 1, 82 FR 9339 (Feb. 3, 2017);
Executive Order No. 13777, Enforcing the Regulatory Reform Agenda,
Sec. 1, 82 FR 12285 (Mar. 1, 2017).
---------------------------------------------------------------------------
Specifically, the Secretary is proposing that all records entities
be given approximately an additional six months to comply with the
regulation. The Secretary estimates that this will allow sufficient
time for the FDIC, in consultation with the primary financial
regulatory agencies, to formulate recommendations to the Secretary and
for the Secretary to make a determination as to the exemption requests.
The Secretary requests comment on whether the compliance date should be
extended and, if so, whether six months is the proper length for the
extension and whether the compliance date should only be extended with
respect to records entities in the first tier, i.e., those records
entities with a June 23, 2018 compliance date.
Administrative Law Matters
1. Regulatory Flexibility Act
This proposed rule would not impose any additional burden on any
records entities; rather, it would reduce the existing regulatory
burden by extending the periods in which records entities have to
comply with the regulation's requirements. For these reasons and as
discussed further in the release of the 2016 final regulation, the
Secretary certifies, pursuant to 5 U.S.C. 605(b), that this proposed
rule will not have a significant economic impact on a substantial
number of small entities under the Small Business Administration's most
recently revised standards for small entities, which went into effect
on October 1, 2017.
2. Executive Order 12866
This proposed rule is not a significant regulatory action as
defined in section 3.f of Executive Order 12866.
List of Subjects in 31 CFR Part 148
Reporting and recordkeeping requirements.
Authority and Issuance
For the reasons set forth in the preamble, the Department of the
Treasury proposes to revise part 148 to 31 CFR to read as follows:
PART 148--QUALIFIED FINANCIAL CONTRACTS RECORDKEEPING RELATED TO
THE FDIC ORDERLY LIQUIDATION AUTHORITY
0
1. The authority citation for part 148 continues to read as follows:
Authority: 31 U.S.C. 321(b) and 12 U.S.C 5390(c)(8)(H).
0
2. Amend 31 CFR 148.1(d) by revising the introductory text to
paragraphs (d)(1)(i), (d)(1)(i)(A), (d)(1)(i)(B), (d)(1)(i)(C), and
(d)(1)(i)(D) as follows:
Sec. 148.1 Scope, purpose, effective date, and compliance dates.
* * * * *
(d) Compliance. (1) Initial compliance dates. (i) A records entity
subject to this part on the effective date must comply with Sec.
148.3(a)(2) on the date that is 90 days after the effective date and
with all other applicable requirements of this part on:
(A) December 31, 2018 for a records entity that:
* * * * *
(B) June 30, 2019 for any records entity that is not subject to the
compliance date set forth in paragraph (d)(1)(i)(A) of this section
and:
* * * * *
(C) June 30, 2020 for any records entity that is not subject to the
compliance date set forth in paragraphs (d)(1)(i)(A) or (B) of this
section and:
* * * * *
(D) June 30, 2021 for any records entity that is not subject to the
[[Page 61507]]
compliance dates set forth in paragraphs (d)(1)(i)(A), (B), or (C) of
this section.
* * * * *
Dated: December 21, 2017.
Clay Berry,
Deputy Assistant Secretary for Capital Markets.
[FR Doc. 2017-28073 Filed 12-27-17; 8:45 am]
BILLING CODE 4810-25-P