Hearing Procedures; Notice of Availability, 12010-12011 [2018-05548]

Download as PDF 12010 Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Notices persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than April 13, 2018. A. Federal Reserve Bank of Chicago (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690–1414: 1. Heartland Financial USA, Inc., Dubuque, Iowa; to merge with First Bank Lubbock Bancshares, Inc. and thereby indirectly acquire First Bank & Trust Company, both of Lubbock, Texas. 2. Minier Financial, Inc. Employee Stock Ownership Plan, Minier, Illinois; to acquire an additional 8.1 percent, for a total of 51 percent, of the voting shares of Minier Financial, Inc., Minier, Illinois, and thereby indirectly acquire ownership of First Farmers State Bank, Minier, Illinois. Board of Governors of the Federal Reserve System, March 14, 2018. Ann E. Misback, Secretary of the Board. [FR Doc. 2018–05501 Filed 3–16–18; 8:45 am] the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than April 13, 2018. A. Federal Reserve Bank of San Francisco (Gerald C. Tsai, Director, Applications and Enforcement) 101 Market Street, San Francisco, California 94105–1579: 1. ATBancorp, Dubuque, Iowa; to acquire approximately 5.6 percent of the voting stock of Heritage Commerce Corp., and thereby indirectly acquire Heritage Bank of Commerce, both of San Jose, California. Board of Governors of the Federal Reserve System, March 13, 2018. Ann E. Misback, Secretary of the Board. [FR Doc. 2018–05437 Filed 3–16–18; 8:45 am] BILLING CODE P FINANCIAL STABILITY OVERSIGHT COUNCIL Hearing Procedures; Notice of Availability BILLING CODE 6210–01–P Financial Stability Oversight Council. ACTION: Notice of availability. AGENCY: FEDERAL RESERVE SYSTEM sradovich on DSK3GMQ082PROD with NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in VerDate Sep<11>2014 16:43 Mar 16, 2018 Jkt 244001 The Financial Stability Oversight Council (Council) has adopted amendments to its procedures for hearings conducted by the Council under Title I and Title VIII of the DoddFrank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act).1 The amendments were adopted primarily in order to add hearings conducted under section 117 of the Dodd-Frank Act to the scope of the procedures. DATES: The amendments to the hearing procedures were effective on March 13, 2018. Written comments on the amendments must be received on or before April 18, 2018. FOR FURTHER INFORMATION CONTACT: Eric A. Froman, Executive Director, Financial Stability Oversight Council, U.S. Treasury Department, (202) 622– 1942; Stephen T. Milligan, AttorneyAdvisor, U.S. Treasury Department, (202) 622–4051. SUMMARY: 1 Public PO 00000 Law 111–203 (Jul. 21, 2010). Frm 00057 Fmt 4703 Sfmt 4703 Interested persons are invited to submit comments on the procedures according to the instructions below. All submissions must refer to the document title. Electronic submission of comments. Interested persons may submit comments electronically through the Federal eRulemaking Portal at https:// www.regulations.gov. Electronic submission of comments allows the commenter maximum time to prepare and submit a comment, ensures timely receipt, and enables the Council to make them available to the public. Comments submitted electronically through the https://www.regulations.gov website can be viewed by other commenters and interested members of the public. Commenters should follow the instructions provided on that site to submit comments electronically. Mail. Send comments to Financial Stability Oversight Council, 1500 Pennsylvania Avenue NW, Washington, DC 20220. Public inspection of comments. All properly submitted comments will be available for inspection and downloading at https:// www.regulations.gov. Additional instructions. 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. SUPPLEMENTARY INFORMATION: ADDRESSES: Background On May 22, 2012, the Council approved hearing procedures relating to the conduct of hearings before the Council in connection with proposed determinations regarding nonbank financial companies and financial market utilities and related emergency waivers or modifications under sections 113 and 804 of the Dodd-Frank Act.2 At the time, the Council sought public comment on all aspects of the hearing procedures, in order to further consider whether any provision should be modified. On April 4, 2013, the Council approved certain amendments to the hearing procedures to expand their scope to include hearings for financial institutions engaged in payment, clearing, or settlement activities that are the subject of a proposed designation by the Council under Title VIII of the Dodd-Frank Act.3 2 12 U.S.C. 5323, 5463; 77 FR 31,855 (May 30, 2012). 3 78 FR 22,546 (April 16, 2013). E:\FR\FM\19MRN1.SGM 19MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Notices Amendments to Hearing Procedures On March 13, 2018, the Council adopted amendments to the hearing procedures, primarily to add hearings conducted under section 117 of the Dodd-Frank Act to the scope of the procedures. The Council has posted the amended hearing procedures on its website at https://www.treasury.gov/ initiatives/fsoc/designations/Pages/ Hearing-Procedures.aspx and on https:// www.regulations.gov. Although the amendments were effective when adopted, the Council is requesting comments on the procedures and may make further amendments to reflect any comments received. Section 117 of the Dodd-Frank Act applies to an entity that was a bank holding company having total consolidated assets equal to or greater than $50 billion as of January 1, 2010, that received financial assistance under or participated in the Capital Purchase Plan established under the Troubled Asset Relief Program authorized by the Emergency Economic Stabilization Act of 2008, and to any successor entity (as defined by the Board of Governors of the Federal Reserve System (Board of Governors) in consultation with the Council) to such a bank holding company.4 Section 117(b) of the DoddFrank Act provides that such an entity shall, if it ceases to be a bank holding company, be treated as a nonbank financial company subject to supervision by the Board of Governors as if the Council had made a determination under section 113 of the Dodd-Frank Act with respect to that entity.5 Section 117(c) of the DoddFrank Act provides that an entity may request, in writing, an opportunity for a written or oral hearing before the Council to appeal its treatment as a nonbank financial company supervised by the Board of Governors.6 The Council amended the hearing procedures to add hearings conducted under section 117 of the Dodd-Frank Act to the scope of the procedures. Specifically, the Council amended the definition of ‘‘petitioner’’ in section 2 of the hearing procedures to add a reference to entities that are appealing their treatment pursuant to section 117 of the Dodd-Frank Act. Section 3(b) of the hearing procedures was amended to provide that a petitioner that is appealing its treatment pursuant to section 117 may request a hearing by submitting a written request to the Chairperson of the Council. Section 5(b)(3)(ii) of the hearing procedures was 4 12 U.S.C. 5327. U.S.C. 5327(b). 6 12 U.S.C. 5327(c). 5 12 VerDate Sep<11>2014 16:43 Mar 16, 2018 Jkt 244001 amended to provide that any petitioner, including a petitioner appealing its treatment pursuant to section 117 of the Dodd-Frank Act, may submit additional written materials to supplement any materials presented during an oral hearing not later than 7 days after the date of that hearing. A new paragraph (4) was added to section 5(b) to provide that, in cases where an oral hearing is held under section 113 or 117 of the Dodd-Frank Act, the date of the hearing shall be deemed to be the date on which the Council has received any supplemental materials that are timely submitted after the oral hearing. The definition of ‘‘hearing date’’ in section 2 was accordingly deleted as unnecessary. To reflect the addition of hearings conducted under section 117 of the Dodd-Frank Act to the scope of the procedures, conforming changes were made to sections 1(a) and (b) (regarding the authority for and scope of the procedures); section 4(b) (regarding the submission of written materials); section 7 (regarding the denial and dismissal of a hearing); and section 8(a) (providing that the substantive standards for Council review of petitions is not affected by the hearing procedures). Finally, the Council made certain non-substantive or technical changes to update the hearing procedures. Specifically, the definitions of ‘‘hearing’’ and ‘‘oral hearing’’ in section 2 were deleted as unnecessary. Section 5(c)(2) was amended to clarify that, even when the Council determines to conduct an oral hearing through representatives, each member of the Council is entitled to participate in the oral hearing in lieu of appointing a representative. The former section 5(d)(1), providing that if the Council grants a request for an oral hearing, the hearing shall be conducted through both the submission of written materials and an oral hearing, was omitted from the hearing procedures as redundant with other provisions in the procedures. The former section 5(d)(2), providing for the conduct of an oral hearing, was redesignated as section 5(c)(3) and amended to add, consistent with the Council’s past practice, that the Chairperson of the Council, his representative, or the Hearing Clerk (as defined in the procedures) will preside at an oral hearing. Section 5(e), regarding transcripts of oral hearings, was redesignated as section 5(d) and amended to remove the reference to the petitioner’s right to ‘‘inspect’’ a transcript or other recording of the oral argument, leaving the reference to the petitioner’s right to receive a copy of the transcript or other recording and to submit corrections. PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 12011 Dated: March 13, 2018. Eric A. Froman, Executive Director, Financial Stability Oversight Council. [FR Doc. 2018–05548 Filed 3–16–18; 8:45 am] BILLING CODE 4810–25–P–P GENERAL SERVICES ADMINISTRATION [Notice–PBS–2018–03; Docket No. 2018– 0002; Sequence No. 3] Notice of Availability of a Final Environmental Assessment for the Otay Mesa USDA Plant Inspection Station Public Buildings Service (PBS), Pacific Rim Division, General Services Administration (GSA). ACTION: Notice of availability. AGENCY: We are advising the public that GSA has prepared a Final Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) for the construction of the proposed U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) Plant Inspection Station (PIS), adjacent to the existing Otay Mesa Land Port of Entry (LPOE) in Otay Mesa, San Diego County, California. Based on its finding of no significant impacts, GSA has determined that an Environmental Impact Statement need not be prepared. DATES: A public meeting to solicit comments and provide information about the Final EA and FONSI will be held on Thursday, March 29, 2018, from 4:00 p.m. to 6:00 p.m., Pacific Time (PT). SUMMARY: The meeting will be held at the Holiday Inn Express & Suites Conference Room, located at 2296 Niels Bohr Court, San Diego, California 92154. Copies of the EA and FONSI are also available for public inspection at the Otay Mesa-Nestor Branch Library, located at 3003 Coronado Avenue, San Diego, CA 92154. The Final EA and FONSI can also be viewed on the GSA website at https://www.gsa.gov/nepa. Click on NEPA Library, then Public Documents. In addition, copies may be obtained by calling or writing to the individual listed below. FOR FURTHER INFORMATION CONTACT: Please contact Osmahn Kadri, NEPA Project Manager, Pacific Rim Region, GSA, 50 United Nations Plaza, Room 3345, Mailbox 9, San Francisco, CA 94102, by phone at 415–522–3617, or via email to osmahn.kadri@gsa.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: E:\FR\FM\19MRN1.SGM 19MRN1

Agencies

[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)]
[Notices]
[Pages 12010-12011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05548]


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FINANCIAL STABILITY OVERSIGHT COUNCIL


Hearing Procedures; Notice of Availability

AGENCY: Financial Stability Oversight Council.

ACTION: Notice of availability.

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SUMMARY: The Financial Stability Oversight Council (Council) has 
adopted amendments to its procedures for hearings conducted by the 
Council under Title I and Title VIII of the Dodd-Frank Wall Street 
Reform and Consumer Protection Act (Dodd-Frank Act).\1\ The amendments 
were adopted primarily in order to add hearings conducted under section 
117 of the Dodd-Frank Act to the scope of the procedures.
---------------------------------------------------------------------------

    \1\ Public Law 111-203 (Jul. 21, 2010).

DATES: The amendments to the hearing procedures were effective on March 
13, 2018. Written comments on the amendments must be received on or 
---------------------------------------------------------------------------
before April 18, 2018.

FOR FURTHER INFORMATION CONTACT: Eric A. Froman, Executive Director, 
Financial Stability Oversight Council, U.S. Treasury Department, (202) 
622-1942; Stephen T. Milligan, Attorney-Advisor, U.S. Treasury 
Department, (202) 622-4051.

ADDRESSES: Interested persons are invited to submit comments on the 
procedures according to the instructions below. All submissions must 
refer to the document title.
    Electronic submission of comments. Interested persons may submit 
comments electronically through the Federal eRulemaking Portal at 
https://www.regulations.gov. Electronic submission of comments allows 
the commenter maximum time to prepare and submit a comment, ensures 
timely receipt, and enables the Council to make them available to the 
public. Comments submitted electronically through the https://www.regulations.gov website can be viewed by other commenters and 
interested members of the public. Commenters should follow the 
instructions provided on that site to submit comments electronically.
    Mail. Send comments to Financial Stability Oversight Council, 1500 
Pennsylvania Avenue NW, Washington, DC 20220.
    Public inspection of comments. All properly submitted comments will 
be available for inspection and downloading at https://www.regulations.gov.
    Additional instructions. 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.

SUPPLEMENTARY INFORMATION: 

Background

    On May 22, 2012, the Council approved hearing procedures relating 
to the conduct of hearings before the Council in connection with 
proposed determinations regarding nonbank financial companies and 
financial market utilities and related emergency waivers or 
modifications under sections 113 and 804 of the Dodd-Frank Act.\2\ At 
the time, the Council sought public comment on all aspects of the 
hearing procedures, in order to further consider whether any provision 
should be modified. On April 4, 2013, the Council approved certain 
amendments to the hearing procedures to expand their scope to include 
hearings for financial institutions engaged in payment, clearing, or 
settlement activities that are the subject of a proposed designation by 
the Council under Title VIII of the Dodd-Frank Act.\3\
---------------------------------------------------------------------------

    \2\ 12 U.S.C. 5323, 5463; 77 FR 31,855 (May 30, 2012).
    \3\ 78 FR 22,546 (April 16, 2013).

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[[Page 12011]]

Amendments to Hearing Procedures

    On March 13, 2018, the Council adopted amendments to the hearing 
procedures, primarily to add hearings conducted under section 117 of 
the Dodd-Frank Act to the scope of the procedures. The Council has 
posted the amended hearing procedures on its website at https://www.treasury.gov/initiatives/fsoc/designations/Pages/Hearing-Procedures.aspx and on https://www.regulations.gov. Although the 
amendments were effective when adopted, the Council is requesting 
comments on the procedures and may make further amendments to reflect 
any comments received.
    Section 117 of the Dodd-Frank Act applies to an entity that was a 
bank holding company having total consolidated assets equal to or 
greater than $50 billion as of January 1, 2010, that received financial 
assistance under or participated in the Capital Purchase Plan 
established under the Troubled Asset Relief Program authorized by the 
Emergency Economic Stabilization Act of 2008, and to any successor 
entity (as defined by the Board of Governors of the Federal Reserve 
System (Board of Governors) in consultation with the Council) to such a 
bank holding company.\4\ Section 117(b) of the Dodd-Frank Act provides 
that such an entity shall, if it ceases to be a bank holding company, 
be treated as a nonbank financial company subject to supervision by the 
Board of Governors as if the Council had made a determination under 
section 113 of the Dodd-Frank Act with respect to that entity.\5\ 
Section 117(c) of the Dodd-Frank Act provides that an entity may 
request, in writing, an opportunity for a written or oral hearing 
before the Council to appeal its treatment as a nonbank financial 
company supervised by the Board of Governors.\6\
---------------------------------------------------------------------------

    \4\ 12 U.S.C. 5327.
    \5\ 12 U.S.C. 5327(b).
    \6\ 12 U.S.C. 5327(c).
---------------------------------------------------------------------------

    The Council amended the hearing procedures to add hearings 
conducted under section 117 of the Dodd-Frank Act to the scope of the 
procedures. Specifically, the Council amended the definition of 
``petitioner'' in section 2 of the hearing procedures to add a 
reference to entities that are appealing their treatment pursuant to 
section 117 of the Dodd-Frank Act. Section 3(b) of the hearing 
procedures was amended to provide that a petitioner that is appealing 
its treatment pursuant to section 117 may request a hearing by 
submitting a written request to the Chairperson of the Council. Section 
5(b)(3)(ii) of the hearing procedures was amended to provide that any 
petitioner, including a petitioner appealing its treatment pursuant to 
section 117 of the Dodd-Frank Act, may submit additional written 
materials to supplement any materials presented during an oral hearing 
not later than 7 days after the date of that hearing. A new paragraph 
(4) was added to section 5(b) to provide that, in cases where an oral 
hearing is held under section 113 or 117 of the Dodd-Frank Act, the 
date of the hearing shall be deemed to be the date on which the Council 
has received any supplemental materials that are timely submitted after 
the oral hearing. The definition of ``hearing date'' in section 2 was 
accordingly deleted as unnecessary.
    To reflect the addition of hearings conducted under section 117 of 
the Dodd-Frank Act to the scope of the procedures, conforming changes 
were made to sections 1(a) and (b) (regarding the authority for and 
scope of the procedures); section 4(b) (regarding the submission of 
written materials); section 7 (regarding the denial and dismissal of a 
hearing); and section 8(a) (providing that the substantive standards 
for Council review of petitions is not affected by the hearing 
procedures).
    Finally, the Council made certain non-substantive or technical 
changes to update the hearing procedures. Specifically, the definitions 
of ``hearing'' and ``oral hearing'' in section 2 were deleted as 
unnecessary. Section 5(c)(2) was amended to clarify that, even when the 
Council determines to conduct an oral hearing through representatives, 
each member of the Council is entitled to participate in the oral 
hearing in lieu of appointing a representative. The former section 
5(d)(1), providing that if the Council grants a request for an oral 
hearing, the hearing shall be conducted through both the submission of 
written materials and an oral hearing, was omitted from the hearing 
procedures as redundant with other provisions in the procedures. The 
former section 5(d)(2), providing for the conduct of an oral hearing, 
was redesignated as section 5(c)(3) and amended to add, consistent with 
the Council's past practice, that the Chairperson of the Council, his 
representative, or the Hearing Clerk (as defined in the procedures) 
will preside at an oral hearing. Section 5(e), regarding transcripts of 
oral hearings, was redesignated as section 5(d) and amended to remove 
the reference to the petitioner's right to ``inspect'' a transcript or 
other recording of the oral argument, leaving the reference to the 
petitioner's right to receive a copy of the transcript or other 
recording and to submit corrections.

    Dated: March 13, 2018.
Eric A. Froman,
Executive Director, Financial Stability Oversight Council.
[FR Doc. 2018-05548 Filed 3-16-18; 8:45 am]
 BILLING CODE 4810-25-P-P
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