Regulatory Capital Rule: Capital Simplification for Qualifying Community Banking Organizations; Technical Correction, 69296-69298 [2019-27168]

Download as PDF 69296 Federal Register / Vol. 84, No. 243 / Wednesday, December 18, 2019 / Rules and Regulations DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency 12 CFR Parts 1, 5, 23, 24, 32, and 34 [Docket ID OCC–2018–0040] RIN 1557–AE59 Regulatory Capital Rule: Capital Simplification for Qualifying Community Banking Organizations; Technical Correction Office of the Comptroller of the Currency, Treasury. ACTION: Final rule; correction. AGENCY: The OCC is making technical corrections to the Capital Simplification for Qualifying Community Banking Organizations final rule that appeared in the Federal Register on November 13, 2019. The technical corrections align the rule text in the final rule with changes made by other final rules. The technical corrections also include a conforming edit. DATES: This correction is effective January 1, 2020. FOR FURTHER INFORMATION CONTACT: Carl Kaminski, Special Counsel, or Daniel Perez, Senior Attorney, Chief Counsel’s Office, (202) 649–5490, for persons who are deaf or hearing impaired, TTY, (202) 649–5597, Office of the Comptroller of the Currency, 400 7th Street SW, Washington, DC 20219. SUPPLEMENTARY INFORMATION: SUMMARY: khammond on DSKJM1Z7X2PROD with RULES I. Description of Technical Corrections On November 13, 2019, the OCC, together with the Board of Governors of the Federal Reserve System and the Federal Deposit Insurance Corporation (collectively, the agencies), published in the Federal Register a final rule titled ‘‘Regulatory Capital Rule: Capital Simplification for Qualifying Community Banking Organizations’’ (the CBLR final rule).1 Under the CBLR final rule, qualifying community banking organizations that opt into the community bank leverage ratio framework are not required to calculate tier 2 capital. The Supplementary Information section of the final rule stated, ‘‘[C]ertain of the agencies’ non-capital rules refer to ‘capital stock and surplus’ (or similar items)[,] which is generally defined as tier 1 capital and tier 2 capital plus the amount of allowances for loan and lease losses not included in tier 2 capital. The final rule amends standards referencing ‘capital stock and surplus’ (or similar 1 84 FR 61776. VerDate Sep<11>2014 15:51 Dec 17, 2019 Jkt 250001 items) so that an electing banking organization uses tier 1 capital plus allowances for loan and lease losses (or adjusted allowance for credit losses, as applicable).’’ 2 In separate final rules titled ‘‘Regulatory Capital Rule: Implementation and Transition of the Current Expected Credit Losses Methodology for Allowances and Related Adjustments to the Regulatory Capital Rule and Conforming Amendments to Other Regulations’’ (CECL final rule) 3 and ‘‘Other Real Estate Owned and Technical Amendments’’ (OREO final rule),4 the OCC made further revisions to the defined term ‘‘capital and surplus.’’ These final rules became effective or will become effective before the effective date for the CBLR final rule. Due to the specific phrasing of its amendatory instructions, the CBLR final rule as currently published would have inadvertently reversed certain changes made by the CECL and OREO final rules. In one instance, for example, the CBLR final rule would have reinserted a definition for ‘‘capital and surplus’’ that was removed by the OREO final rule. Accordingly, the OCC is correcting sections of the CBLR final rule that would have revised the term ‘‘capital and surplus’’ to re-incorporate the intended changes made in the CECL final rule and OREO final rule. The OCC is also making certain stylistic edits to these sections of the CBLR final rule to align them with the CECL final rule. The term ‘‘total capital’’ includes tier 2 capital and therefore was revised by the CBLR final rule for the same reasons described above. The Supplementary Information section of the final rule stated, ‘‘The final rule amends standards referencing total capital so that an electing banking organization uses tier 1 capital instead of total capital.’’ 5 The CBLR final rule would have amended an instance of the term ‘‘total capital’’ in paragraph (h)(2) of 12 CFR 5.58 but not a similar instance of the term in paragraph (h)(3). Accordingly, the OCC is also making a conforming edit to 12 CFR 5.58(h)(3) to incorporate the change made to paragraph (h)(2). 2 84 FR 61787. FR 4222 (Feb. 14, 2019). The CECL final rule is effective as of April 1, 2019. 4 84 FR 56369 (Oct. 22, 2019). The OREO final rule was originally effective as of December 1, 2019, but is now effective as of January 1, 2020. See 84 FR 64193 (Nov. 21, 2019). 5 84 FR 61787. 3 84 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 II. Regulatory Analysis A. Administrative Procedure Act and Effective Date Under 5 U.S.C. 553(b)(B) of the Administrative Procedure Act (APA), an agency may, for good cause, find (and incorporate the finding and a brief statement of reasons therefore in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. As described above in this Supplementary Information section, this Federal Register notice makes nonsubstantive, technical corrections to the CBLR final rule. For that reason, the OCC has determined that publishing a notice of proposed rulemaking and providing opportunity for public comment are unnecessary. The effective date of these corrections is January 1, 2020. Under 5 U.S.C. 553(d)(3) of the APA, the required publication or service of a substantive rule shall be made not less than 30 days before its effective date, except, among other things, as provided by the agency for good cause found and published with the rule. The OCC has concluded that these technical corrections are not substantive within the meaning of the APA’s delayed effective date provision. Moreover, the OCC finds that there is good cause for dispensing with the delayed effective date requirement, even if it applied, because OCC-supervised institutions, from review of the CBLR final rule, CECL final rule, and OREO final rule, were given sufficient notice as to the effects and purposes of those rules and would not have reasonably relied on the errors addressed by these technical corrections. B. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) does not apply to a rulemaking when a general notice of proposed rulemaking is not required. 5 U.S.C. 603 and 604. As noted previously, the OCC has determined that it is unnecessary to publish a general notice of proposed rulemaking for technical corrections. Accordingly, the RFA’s requirements relating to an initial and final regulatory flexibility analysis do not apply. C. Paperwork Reduction Act of 1995 The Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3521) states that no agency may conduct or sponsor, nor is the respondent required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The OCC has determined that these technical corrections do not create any new, or revise any existing, E:\FR\FM\18DER1.SGM 18DER1 Federal Register / Vol. 84, No. 243 / Wednesday, December 18, 2019 / Rules and Regulations collections of information pursuant to the Paperwork Reduction Act. Consequently, no information collection request will be submitted to the OMB for review. E. Riegle Community Development and Regulatory Improvement Act of 1994 Section 302 of the Riegle Community Development and Regulatory Improvement Act of 1994 (RCDRIA) (12 U.S.C. 4802) requires that each Federal banking agency, in determining the effective date and administrative compliance requirements for new regulations that impose additional reporting, disclosure, or other requirements on insured depository institutions (IDIs), consider, consistent with principles of safety and soundness and the public interest, any administrative burdens that such regulations would place on depository institutions, including small depository institutions, and customers of depository institutions, as well as the benefits of such regulations.6 In addition, new regulations and amendments to regulations that impose additional reporting, disclosures, or other new requirements on IDIs generally must take effect on the first day of a calendar quarter that begins on or after the date on which the regulations are published in final form.7 Because these technical corrections do not impose additional reporting, disclosure, or other requirements on IDIs, section 302 of RCDRIA does not apply. khammond on DSKJM1Z7X2PROD with RULES 6 12 7 12 U.S.C 4802(a). U.S.C 4802(b). VerDate Sep<11>2014 16:43 Dec 17, 2019 Jkt 250001 [Corrected] 1. On page 61792, in the second column, in amendment 2, in § 1.2, paragraphs (a)(1)(ii) and (a)(2)(ii), ‘‘allowances for loan and lease losses’’ is corrected to read ‘‘allowance for loan and lease losses or adjusted allowances for credit losses, as applicable,’’ in both instances where it appears. ■ Section 202 of the Unfunded Mandates Reform Act of 1995 (Unfunded Mandates Act), 2 U.S.C. 1532, requires the OCC to prepare a budgetary impact statement before promulgating any final rule for which a general notice of proposed rulemaking was published. As discussed above, the OCC has determined that the publication of a general notice of proposed rulemaking is unnecessary. Accordingly, these technical corrections are not subject to section 202 of the Unfunded Mandates Act. The OMB has determined that these technical corrections are not a ‘‘major rule’’ within the meaning of the Congressional Review Act. In the final rule published on November 13, 2019, at 84 FR 61776, the following corrections are made: § 1.2 D. Unfunded Mandates Reform Act of 1995 F. Congressional Review Act Corrections § 5.3 [Corrected] 2. a. On page 61793, in the third column, in amendment 9, in § 5.3, paragraph (e)(1)(ii), ‘‘allowances for loan and lease losses or allowance’’ is corrected to read ‘‘allowance for loan and lease losses or adjusted allowances’’; ■ b. On page 61794, in the first column, in amendment 9, in § 5.3, paragraph (e)(2)(i), ‘‘bank’s or savings association’s Consolidated Reports of Condition and Income (Call Reports) filed under 12 U.S.C. 161 or 12 U.S.C. 1464(v), respectively’’ is corrected to read ‘‘Call Report’’; ■ c. On page 61794, in the first column, in amendment 9, in § 5.3, paragraph (e)(2)(ii), ‘‘allowances for loan and lease losses’’ is corrected to read ‘‘allowance for loan and lease losses or adjusted allowances for credit losses, as applicable,’’; and ‘‘reported in the institution’s Call Reports, described in paragraph (e)(2)(i) of this section’’ is corrected to read ‘‘described in paragraph (e)(2)(i) of this section, as reported in the Call Report’’. ■ § 5.37 [Corrected] 3. a. On page 61794, in the first column, in amendment 10, in § 5.37, paragraph (c)(3)(i)(B), ‘‘allowances for loan and lease losses or allowance’’ is corrected to read ‘‘allowance for loan and lease losses or adjusted allowances’’; and ‘‘national bank’s or Federal savings association’s Call Report’’ is corrected to read ‘‘Consolidated Reports of Condition and Income (Call Report)’’; ■ b. On page 61794, in the first column, in amendment 10, in § 5.37, paragraph (c)(3)(ii)(A), ‘‘national bank’s or Federal savings association’s Consolidated Reports of Condition and Income (Call Reports) filed under 12 U.S.C. 161 or 12 U.S.C. 1464(v), respectively’’ is corrected to read ‘‘Call Report’’; ■ c. On page 61794, in the first column, in amendment 10, in § 5.37, paragraph (c)(3)(ii)(B), ‘‘allowances for loan and lease losses’’ is corrected to read ■ PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 69297 ‘‘allowance for loan and lease losses or adjusted allowances for credit losses, as applicable,’’ and ‘‘national bank’s or Federal savings association’s Call Reports filed under 12 U.S.C. 161 or 1464(v), respectively’’ is corrected to read ‘‘Call Report’’. § 5.58 [Corrected] 4. a. On page 61794, in the first column, in amendment 11, the instruction ‘‘Section 5.58 is amended by revising paragraph (h)(2) to read as follows:’’ is corrected to read ‘‘Section 5.58 is amended by revising paragraphs (h)(2) and (3) to read as follows:’’; and ■ b. On page 61794, in the second column, in amendment 11, in § 5.58, the revised rule text is amended by adding paragraph (h)(3) to read as follows: ■ § 5.58 Pass-through investments by a Federal savings association. * * * * * (h) * * * (3) The book value of the Federal savings association’s aggregate noncontrolling investments does not exceed 25 percent of its total capital (or, in the case of a Federal savings association that is a qualifying community banking organization that has elected to use the community bank leverage ratio framework, 25 percent of its tier 1 capital, as used under § 3.12 of this chapter) after making the investment; * * * * * § 23.2 [Corrected] 5. a. On page 61795, in the first column, in amendment 15, in § 23.2, paragraph (b)(1)(ii), ‘‘allowances for loan and lease losses or allowance for credit losses, as applicable, as reported in the national bank’s Call Report’’ is corrected to read ‘‘allowance for loan and lease losses or adjusted allowances for credit losses, as applicable, as reported in the Consolidated Reports of Condition and Income (Call Report)’’; ■ b. On page 61795, in the first column, in amendment 15, in § 23.2, paragraph (b)(2)(i), ‘‘the bank’s Consolidated Reports of Condition and Income (Call Report) filed under 12 U.S.C. 161’’ is corrected to read ‘‘the Call Report’’; ■ c. On page 61795, in the first column, in amendment 15, in § 23.2, paragraph (b)(2)(ii), ‘‘allowances for loan and lease losses’’ is corrected to read ‘‘allowance for loan and lease losses or adjusted allowances for credit losses, as applicable,’’; and ‘‘the bank’s Consolidated Report of Condition and Income filed under 12 U.S.C. 161’’ is corrected to read ‘‘the Call Report’’. ■ E:\FR\FM\18DER1.SGM 18DER1 69298 § 24.2 Federal Register / Vol. 84, No. 243 / Wednesday, December 18, 2019 / Rules and Regulations [Corrected] 6. a. On page 61795, in the first column, in amendment 17, in § 24.2, paragraph (b)(1)(ii), ‘‘allowances for loan and lease losses or allowance for credit losses, as applicable, as reported in the national bank’s Call Report’’ is corrected to read ‘‘allowance for loan and lease losses or adjusted allowances for credit losses, as applicable, as reported in the Consolidated Reports of Condition and Income (Call Report)’’; ■ b. On page 61795, in the second column, in amendment 17, in § 24.2, paragraph (b)(2)(i), ‘‘the bank’s Consolidated Reports of Condition and Income (Call Report) filed under 12 U.S.C. 161’’ is corrected to read ‘‘the Call Report’’; ■ c. On page 61795, in the second column, in amendment 17, in § 24.2, paragraph (b)(2)(ii), ‘‘allowances for loan and lease losses’’ is corrected to read ‘‘allowance for loan and lease losses or adjusted allowances for credit losses, as applicable,’’; and ‘‘the bank’s Call Report as filed under 12 U.S.C. 161’’ is corrected to read ‘‘the Call Report’’. ■ § 32.2 [Corrected] 7. a. On page 61795, in the second column, in amendment 19, in § 32.2, paragraph (c)(1)(ii), ‘‘allowances for loan and lease losses or allowance for credit losses, as applicable, as reported in the ■ national bank’s or Federal savings association’s Call Report’’ is corrected to read ‘‘allowance for loan and lease losses or adjusted allowances for credit losses, as applicable, as reported in the Consolidated Reports of Condition and Income (Call Report)’’; ■ b. On page 61795, in the second column, in amendment 19, in § 32.2, paragraph (c)(2)(i), ‘‘the bank’s or savings association’s Consolidated Reports of Condition and Income (Call Report)’’ is corrected to read ‘‘the Call Report’’; and ■ c. On page 61795, in the second column, in amendment 19, in § 32.2, paragraph (c)(2)(ii), ‘‘allowances for loan and lease losses’’ is corrected to read ‘‘allowance for loan and lease losses or adjusted allowances for credit losses, as applicable,’’. § 34.81 NATIONAL CREDIT UNION ADMINISTRATION 12 CFR Part 703 Investment and Deposit Activities CFR Correction In Title 12 of the Code of Federal Regulations, Parts 600 to 899, revised as of January 1, 2019, on page 700, in § 703.114, remove paragraph (3) that appears below paragraph (d). ■ [FR Doc. 2019–27403 Filed 12–17–19; 8:45 am] BILLING CODE 1301–00–D DEPARTMENT OF COMMERCE Bureau of Industry and Security [Corrected] 8. On page 61795, in the second and third columns, remove heading ‘‘PART 34—REAL ESTATE LENDING AND APPRAISALS,’’ remove amendments 20 and 21, and renumber the subsequent amendments to reflect the removal. 15 CFR Part 744 Dated: November 27, 2019. Jonathan V. Gould, Senior Deputy Comptroller and Chief Counsel, Office of the Comptroller of the Currency. ■ ■ Control Policy: End-User and End-Use Based; Correction CFR Correction In Title 15 of the Code of Federal Regulations, Parts 300 to 799, revised as of January 1, 2019, on page 412, in part 744, supplement no. 4, in the table under ‘‘AFGHANISTAN’’, the entry for Ibrahim Haqqani is correctly revised to read as follows: [FR Doc. 2019–27168 Filed 12–17–19; 8:45 am] BILLING CODE 4810–33–P SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST Country Entity License requirement License review policy * AFGHANISTAN * * * * Ibrahim Haqqani, a.k.a., the following two aliases: —Hajji Sahib; and —Maulawi Haji Ibrahim Haqqani Afghanistan * * For all items subject to the EAR. (See § 744.11 of the EAR) * * * * Presumption of denial ...... * * * * ACTION: [FR Doc. 2019–27402 Filed 12–17–19; 8:45 am] * Final rule. BILLING CODE 1301–00–D We are publishing a final rule we proposed in November 2018 regarding setting the time, place, and manner of appearance for hearings at the administrative law judge (ALJ) level of our administrative review process, with modifications. Our final rule states that we (the agency) will determine how parties and witnesses will appear at a hearing before an ALJ, and that we will set the time and place for the hearing accordingly. We will schedule the parties to a hearing to appear by video SUMMARY: SOCIAL SECURITY ADMINISTRATION khammond on DSKJM1Z7X2PROD with RULES 20 CFR Parts 404 and 416 [Docket No. SSA–2017–0015] RIN 0960–AI09 Setting the Manner for the Appearance of Parties and Witnesses at a Hearing AGENCY: Social Security Administration. VerDate Sep<11>2014 16:43 Dec 17, 2019 Jkt 250001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 Federal Register citation * * * 77 FR 25057, 4/27/12. * teleconference (VTC), in person, or, in limited circumstances, by telephone. Under this final rule, we will decide how parties and witnesses will appear at a hearing based on several factors, but the parties to a hearing will continue to have the ability to opt out of appearing by VTC at the ALJ hearings level. Finally, we are revising our rule to state that, at the ALJ hearing level, if we need to send an amended notice of hearing, or if we need to schedule a supplemental hearing, we will send the amended notice or notice of supplemental hearing at least 20 days E:\FR\FM\18DER1.SGM 18DER1

Agencies

[Federal Register Volume 84, Number 243 (Wednesday, December 18, 2019)]
[Rules and Regulations]
[Pages 69296-69298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27168]



[[Page 69296]]

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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency

12 CFR Parts 1, 5, 23, 24, 32, and 34

[Docket ID OCC-2018-0040]
RIN 1557-AE59


Regulatory Capital Rule: Capital Simplification for Qualifying 
Community Banking Organizations; Technical Correction

AGENCY: Office of the Comptroller of the Currency, Treasury.

ACTION: Final rule; correction.

-----------------------------------------------------------------------

SUMMARY: The OCC is making technical corrections to the Capital 
Simplification for Qualifying Community Banking Organizations final 
rule that appeared in the Federal Register on November 13, 2019. The 
technical corrections align the rule text in the final rule with 
changes made by other final rules. The technical corrections also 
include a conforming edit.

DATES: This correction is effective January 1, 2020.

FOR FURTHER INFORMATION CONTACT: Carl Kaminski, Special Counsel, or 
Daniel Perez, Senior Attorney, Chief Counsel's Office, (202) 649-5490, 
for persons who are deaf or hearing impaired, TTY, (202) 649-5597, 
Office of the Comptroller of the Currency, 400 7th Street SW, 
Washington, DC 20219.

SUPPLEMENTARY INFORMATION: 

I. Description of Technical Corrections

    On November 13, 2019, the OCC, together with the Board of Governors 
of the Federal Reserve System and the Federal Deposit Insurance 
Corporation (collectively, the agencies), published in the Federal 
Register a final rule titled ``Regulatory Capital Rule: Capital 
Simplification for Qualifying Community Banking Organizations'' (the 
CBLR final rule).\1\
---------------------------------------------------------------------------

    \1\ 84 FR 61776.
---------------------------------------------------------------------------

    Under the CBLR final rule, qualifying community banking 
organizations that opt into the community bank leverage ratio framework 
are not required to calculate tier 2 capital. The Supplementary 
Information section of the final rule stated, ``[C]ertain of the 
agencies' non-capital rules refer to `capital stock and surplus' (or 
similar items)[,] which is generally defined as tier 1 capital and tier 
2 capital plus the amount of allowances for loan and lease losses not 
included in tier 2 capital. The final rule amends standards referencing 
`capital stock and surplus' (or similar items) so that an electing 
banking organization uses tier 1 capital plus allowances for loan and 
lease losses (or adjusted allowance for credit losses, as 
applicable).'' \2\
---------------------------------------------------------------------------

    \2\ 84 FR 61787.
---------------------------------------------------------------------------

    In separate final rules titled ``Regulatory Capital Rule: 
Implementation and Transition of the Current Expected Credit Losses 
Methodology for Allowances and Related Adjustments to the Regulatory 
Capital Rule and Conforming Amendments to Other Regulations'' (CECL 
final rule) \3\ and ``Other Real Estate Owned and Technical 
Amendments'' (OREO final rule),\4\ the OCC made further revisions to 
the defined term ``capital and surplus.'' These final rules became 
effective or will become effective before the effective date for the 
CBLR final rule. Due to the specific phrasing of its amendatory 
instructions, the CBLR final rule as currently published would have 
inadvertently reversed certain changes made by the CECL and OREO final 
rules. In one instance, for example, the CBLR final rule would have 
reinserted a definition for ``capital and surplus'' that was removed by 
the OREO final rule. Accordingly, the OCC is correcting sections of the 
CBLR final rule that would have revised the term ``capital and 
surplus'' to re-incorporate the intended changes made in the CECL final 
rule and OREO final rule. The OCC is also making certain stylistic 
edits to these sections of the CBLR final rule to align them with the 
CECL final rule.
---------------------------------------------------------------------------

    \3\ 84 FR 4222 (Feb. 14, 2019). The CECL final rule is effective 
as of April 1, 2019.
    \4\ 84 FR 56369 (Oct. 22, 2019). The OREO final rule was 
originally effective as of December 1, 2019, but is now effective as 
of January 1, 2020. See 84 FR 64193 (Nov. 21, 2019).
---------------------------------------------------------------------------

    The term ``total capital'' includes tier 2 capital and therefore 
was revised by the CBLR final rule for the same reasons described 
above. The Supplementary Information section of the final rule stated, 
``The final rule amends standards referencing total capital so that an 
electing banking organization uses tier 1 capital instead of total 
capital.'' \5\ The CBLR final rule would have amended an instance of 
the term ``total capital'' in paragraph (h)(2) of 12 CFR 5.58 but not a 
similar instance of the term in paragraph (h)(3). Accordingly, the OCC 
is also making a conforming edit to 12 CFR 5.58(h)(3) to incorporate 
the change made to paragraph (h)(2).
---------------------------------------------------------------------------

    \5\ 84 FR 61787.
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II. Regulatory Analysis

A. Administrative Procedure Act and Effective Date

    Under 5 U.S.C. 553(b)(B) of the Administrative Procedure Act (APA), 
an agency may, for good cause, find (and incorporate the finding and a 
brief statement of reasons therefore in the rules issued) that notice 
and public procedure thereon are impracticable, unnecessary, or 
contrary to the public interest. As described above in this 
Supplementary Information section, this Federal Register notice makes 
non-substantive, technical corrections to the CBLR final rule. For that 
reason, the OCC has determined that publishing a notice of proposed 
rulemaking and providing opportunity for public comment are 
unnecessary.
    The effective date of these corrections is January 1, 2020. Under 5 
U.S.C. 553(d)(3) of the APA, the required publication or service of a 
substantive rule shall be made not less than 30 days before its 
effective date, except, among other things, as provided by the agency 
for good cause found and published with the rule. The OCC has concluded 
that these technical corrections are not substantive within the meaning 
of the APA's delayed effective date provision. Moreover, the OCC finds 
that there is good cause for dispensing with the delayed effective date 
requirement, even if it applied, because OCC-supervised institutions, 
from review of the CBLR final rule, CECL final rule, and OREO final 
rule, were given sufficient notice as to the effects and purposes of 
those rules and would not have reasonably relied on the errors 
addressed by these technical corrections.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) does not apply to a rulemaking 
when a general notice of proposed rulemaking is not required. 5 U.S.C. 
603 and 604. As noted previously, the OCC has determined that it is 
unnecessary to publish a general notice of proposed rulemaking for 
technical corrections. Accordingly, the RFA's requirements relating to 
an initial and final regulatory flexibility analysis do not apply.

C. Paperwork Reduction Act of 1995

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521) states 
that no agency may conduct or sponsor, nor is the respondent required 
to respond to, an information collection unless it displays a currently 
valid Office of Management and Budget (OMB) control number. The OCC has 
determined that these technical corrections do not create any new, or 
revise any existing,

[[Page 69297]]

collections of information pursuant to the Paperwork Reduction Act. 
Consequently, no information collection request will be submitted to 
the OMB for review.

D. Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (Unfunded 
Mandates Act), 2 U.S.C. 1532, requires the OCC to prepare a budgetary 
impact statement before promulgating any final rule for which a general 
notice of proposed rulemaking was published. As discussed above, the 
OCC has determined that the publication of a general notice of proposed 
rulemaking is unnecessary. Accordingly, these technical corrections are 
not subject to section 202 of the Unfunded Mandates Act.

E. Riegle Community Development and Regulatory Improvement Act of 1994

    Section 302 of the Riegle Community Development and Regulatory 
Improvement Act of 1994 (RCDRIA) (12 U.S.C. 4802) requires that each 
Federal banking agency, in determining the effective date and 
administrative compliance requirements for new regulations that impose 
additional reporting, disclosure, or other requirements on insured 
depository institutions (IDIs), consider, consistent with principles of 
safety and soundness and the public interest, any administrative 
burdens that such regulations would place on depository institutions, 
including small depository institutions, and customers of depository 
institutions, as well as the benefits of such regulations.\6\ In 
addition, new regulations and amendments to regulations that impose 
additional reporting, disclosures, or other new requirements on IDIs 
generally must take effect on the first day of a calendar quarter that 
begins on or after the date on which the regulations are published in 
final form.\7\
---------------------------------------------------------------------------

    \6\ 12 U.S.C 4802(a).
    \7\ 12 U.S.C 4802(b).
---------------------------------------------------------------------------

    Because these technical corrections do not impose additional 
reporting, disclosure, or other requirements on IDIs, section 302 of 
RCDRIA does not apply.

F. Congressional Review Act

    The OMB has determined that these technical corrections are not a 
``major rule'' within the meaning of the Congressional Review Act.

Corrections

    In the final rule published on November 13, 2019, at 84 FR 61776, 
the following corrections are made:


Sec.  1.2   [Corrected]

0
1. On page 61792, in the second column, in amendment 2, in Sec.  1.2, 
paragraphs (a)(1)(ii) and (a)(2)(ii), ``allowances for loan and lease 
losses'' is corrected to read ``allowance for loan and lease losses or 
adjusted allowances for credit losses, as applicable,'' in both 
instances where it appears.


Sec.  5.3   [Corrected]

0
2. a. On page 61793, in the third column, in amendment 9, in Sec.  5.3, 
paragraph (e)(1)(ii), ``allowances for loan and lease losses or 
allowance'' is corrected to read ``allowance for loan and lease losses 
or adjusted allowances'';
0
b. On page 61794, in the first column, in amendment 9, in Sec.  5.3, 
paragraph (e)(2)(i), ``bank's or savings association's Consolidated 
Reports of Condition and Income (Call Reports) filed under 12 U.S.C. 
161 or 12 U.S.C. 1464(v), respectively'' is corrected to read ``Call 
Report'';
0
c. On page 61794, in the first column, in amendment 9, in Sec.  5.3, 
paragraph (e)(2)(ii), ``allowances for loan and lease losses'' is 
corrected to read ``allowance for loan and lease losses or adjusted 
allowances for credit losses, as applicable,''; and ``reported in the 
institution's Call Reports, described in paragraph (e)(2)(i) of this 
section'' is corrected to read ``described in paragraph (e)(2)(i) of 
this section, as reported in the Call Report''.


Sec.  5.37   [Corrected]

0
3. a. On page 61794, in the first column, in amendment 10, in Sec.  
5.37, paragraph (c)(3)(i)(B), ``allowances for loan and lease losses or 
allowance'' is corrected to read ``allowance for loan and lease losses 
or adjusted allowances''; and ``national bank's or Federal savings 
association's Call Report'' is corrected to read ``Consolidated Reports 
of Condition and Income (Call Report)'';
0
b. On page 61794, in the first column, in amendment 10, in Sec.  5.37, 
paragraph (c)(3)(ii)(A), ``national bank's or Federal savings 
association's Consolidated Reports of Condition and Income (Call 
Reports) filed under 12 U.S.C. 161 or 12 U.S.C. 1464(v), respectively'' 
is corrected to read ``Call Report'';
0
c. On page 61794, in the first column, in amendment 10, in Sec.  5.37, 
paragraph (c)(3)(ii)(B), ``allowances for loan and lease losses'' is 
corrected to read ``allowance for loan and lease losses or adjusted 
allowances for credit losses, as applicable,'' and ``national bank's or 
Federal savings association's Call Reports filed under 12 U.S.C. 161 or 
1464(v), respectively'' is corrected to read ``Call Report''.


Sec.  5.58   [Corrected]

0
4. a. On page 61794, in the first column, in amendment 11, the 
instruction ``Section 5.58 is amended by revising paragraph (h)(2) to 
read as follows:'' is corrected to read ``Section 5.58 is amended by 
revising paragraphs (h)(2) and (3) to read as follows:''; and
0
b. On page 61794, in the second column, in amendment 11, in Sec.  5.58, 
the revised rule text is amended by adding paragraph (h)(3) to read as 
follows:


Sec.  5.58   Pass-through investments by a Federal savings association.

* * * * *
    (h) * * *
    (3) The book value of the Federal savings association's aggregate 
non-controlling investments does not exceed 25 percent of its total 
capital (or, in the case of a Federal savings association that is a 
qualifying community banking organization that has elected to use the 
community bank leverage ratio framework, 25 percent of its tier 1 
capital, as used under Sec.  3.12 of this chapter) after making the 
investment;
* * * * *


Sec.  23.2   [Corrected]

0
5. a. On page 61795, in the first column, in amendment 15, in Sec.  
23.2, paragraph (b)(1)(ii), ``allowances for loan and lease losses or 
allowance for credit losses, as applicable, as reported in the national 
bank's Call Report'' is corrected to read ``allowance for loan and 
lease losses or adjusted allowances for credit losses, as applicable, 
as reported in the Consolidated Reports of Condition and Income (Call 
Report)'';
0
b. On page 61795, in the first column, in amendment 15, in Sec.  23.2, 
paragraph (b)(2)(i), ``the bank's Consolidated Reports of Condition and 
Income (Call Report) filed under 12 U.S.C. 161'' is corrected to read 
``the Call Report'';
0
c. On page 61795, in the first column, in amendment 15, in Sec.  23.2, 
paragraph (b)(2)(ii), ``allowances for loan and lease losses'' is 
corrected to read ``allowance for loan and lease losses or adjusted 
allowances for credit losses, as applicable,''; and ``the bank's 
Consolidated Report of Condition and Income filed under 12 U.S.C. 161'' 
is corrected to read ``the Call Report''.

[[Page 69298]]

Sec.  24.2   [Corrected]

0
6. a. On page 61795, in the first column, in amendment 17, in Sec.  
24.2, paragraph (b)(1)(ii), ``allowances for loan and lease losses or 
allowance for credit losses, as applicable, as reported in the national 
bank's Call Report'' is corrected to read ``allowance for loan and 
lease losses or adjusted allowances for credit losses, as applicable, 
as reported in the Consolidated Reports of Condition and Income (Call 
Report)'';
0
b. On page 61795, in the second column, in amendment 17, in Sec.  24.2, 
paragraph (b)(2)(i), ``the bank's Consolidated Reports of Condition and 
Income (Call Report) filed under 12 U.S.C. 161'' is corrected to read 
``the Call Report'';
0
c. On page 61795, in the second column, in amendment 17, in Sec.  24.2, 
paragraph (b)(2)(ii), ``allowances for loan and lease losses'' is 
corrected to read ``allowance for loan and lease losses or adjusted 
allowances for credit losses, as applicable,''; and ``the bank's Call 
Report as filed under 12 U.S.C. 161'' is corrected to read ``the Call 
Report''.


Sec.  32.2   [Corrected]

0
7. a. On page 61795, in the second column, in amendment 19, in Sec.  
32.2, paragraph (c)(1)(ii), ``allowances for loan and lease losses or 
allowance for credit losses, as applicable, as reported in the national 
bank's or Federal savings association's Call Report'' is corrected to 
read ``allowance for loan and lease losses or adjusted allowances for 
credit losses, as applicable, as reported in the Consolidated Reports 
of Condition and Income (Call Report)'';
0
b. On page 61795, in the second column, in amendment 19, in Sec.  32.2, 
paragraph (c)(2)(i), ``the bank's or savings association's Consolidated 
Reports of Condition and Income (Call Report)'' is corrected to read 
``the Call Report''; and
0
c. On page 61795, in the second column, in amendment 19, in Sec.  32.2, 
paragraph (c)(2)(ii), ``allowances for loan and lease losses'' is 
corrected to read ``allowance for loan and lease losses or adjusted 
allowances for credit losses, as applicable,''.


Sec.  34.81   [Corrected]

0
8. On page 61795, in the second and third columns, remove heading 
``PART 34--REAL ESTATE LENDING AND APPRAISALS,'' remove amendments 20 
and 21, and renumber the subsequent amendments to reflect the removal.

    Dated: November 27, 2019.
Jonathan V. Gould,
Senior Deputy Comptroller and Chief Counsel, Office of the Comptroller 
of the Currency.
[FR Doc. 2019-27168 Filed 12-17-19; 8:45 am]
 BILLING CODE 4810-33-P

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