Removal of Transferred OTS Regulations Regarding Accounting Requirements for State Savings Associations, 3250-3253 [2019-27579]
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3250
Federal Register / Vol. 85, No. 13 / Tuesday, January 21, 2020 / Rules and Regulations
on which the regulations are published
in final form.22
Because the final rule does not
impose additional reporting, disclosure,
or other requirements on IDIs, section
302 of RCDRIA does not apply.
List of Subjects in 12 CFR Part 390
Regulatory reporting standards.
Authority and Issuance
For the reasons stated in the
preamble, the Federal Deposit Insurance
Corporation amends title 12 CFR part
390 as follows:
PART 390—REGULATIONS
TRANSFERRED FROM THE OFFICE OF
THRIFT SUPERVISION
1. Revise the authority citation for part
390 to read as follows:
■
Authority: 12 U.S.C. 1819.
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 O also issued under 12 U.S.C.
1828.
Subpart Q also issued under 12 U.S.C.
1462; 1462a; 1463; 1464.
Subpart W also issued under 12 U.S.C.
1462a; 1463; 1464; 15 U.S.C. 78c; 78l; 78m;
78n; 78p; 78w.
Subpart Y also issued under 12 U.S.C.
1831o.
Subpart R—[Removed and Reserved]
2. Remove and reserve subpart R,
consisting of §§ 390.320 through
390.322.
■
Federal Deposit Insurance Corporation.
By order of the Board of Directors.
Dated at Washington, DC, on December 12,
2019.
Annmarie H. Boyd,
Assistant Executive Secretary.
[FR Doc. 2019–27577 Filed 1–17–20; 8:45 am]
BILLING CODE 6714–01–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
12 CFR Part 390
RIN 3064–AF15
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Removal of Transferred OTS
Regulations Regarding Accounting
Requirements for State Savings
Associations
Federal Deposit Insurance
Corporation.
ACTION: Final rule.
AGENCY:
The Federal Deposit
Insurance Corporation (FDIC) is
adopting a final rule to rescind and
remove rules regarding accounting
requirements for State savings
associations because these financial
statement and disclosure requirements
are substantially similar to, although
more detailed than, otherwise
applicable financial statement form and
content requirements and disclosure
requirements that a State savings
association must satisfy under Federal
banking or securities laws or
regulations. The final rule adopts,
without change, a notice of proposed
rulemaking (NPR) published in the
Federal Register on October 2, 2019,
which received no comments.
DATES: The final rule is effective on
February 20, 2020.
FOR FURTHER INFORMATION CONTACT:
Maureen Loviglio, Senior Staff
Accountant, Division of Risk
Management Supervision, (202) 898–
6777, MLoviglio@FDIC.gov; Suzanne
Dawley, Counsel, Legal Division,
sudawley@FDIC.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Policy Objectives
The policy objectives of the final rule
are twofold. The first is to simplify the
FDIC’s regulations by removing
unnecessary regulations, or realigning
existing regulations in order to improve
the public’s understanding and to
improve the ease of reference. The
second is to promote parity between
State savings associations and State
nonmember banks by making both
classes of institutions subject to the
same accounting requirements. Thus, as
further detailed in this section, the FDIC
is rescinding and removing from the
Code of Federal Regulations rules
entitled Accounting Requirements (part
390, subpart T) applicable to State
savings associations. Such requirements
prescribe definitions, public accountant
qualifications, and the form and content
of financial statements pertaining to
certain securities and their related
transaction documents. Transaction
documents may include proxy
statements and offering circulars in
connection with a conversion, any
offering of securities by a State savings
association, and filings by State savings
associations requiring financial
statements under the Securities
Exchange Act of 1934 (Exchange Act).1
The FDIC has determined that the
additional financial disclosure
requirements required by part 390,
subpart T, for State savings associations
are substantially similar to, although
more detailed than, otherwise
applicable financial statement form and
content requirements and disclosure
requirements that State nonmember
banks must satisfy under Federal
banking or securities laws or
regulations. Therefore, the FDIC is
rescinding and removing part 390,
subpart T, and will apply existing
disclosure requirements, and related
form and content of financial statements
requirements to State savings
associations.
II. Background
The Dodd-Frank Wall Street Reform
and Consumer Protection Act (DoddFrank Act),2 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.3 Beginning
July 21, 2011, the transfer date
established by section 311 of the DoddFrank Act,4 the powers, duties, and
functions formerly performed by the
Office of Thrift Supervision (OTS) were
divided among the FDIC, as to State
savings associations, the Office of the
Comptroller of the Currency (OCC), as to
Federal savings associations, and the
Board of Governors of the Federal
Reserve System, as to savings and loan
holding companies. Section 316(b) of
the Dodd-Frank Act 5 provides the
manner of treatment for all orders,
resolutions, determinations, regulations,
and advisory materials issued, made,
prescribed, or allowed to become
effective by the OTS. Section 316(b) also
provides that, if such 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.
Pursuant to section 316(c) of the
Dodd-Frank Act,6 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, 2011.7
2 12
3 12
U.S.C. 5301 et seq.
U.S.C. 5411.
4 Id.
5 12
U.S.C. 5414(b).
U.S.C. 5414(c).
7 76 FR 39246 (July 6, 2011).
6 12
22 12
U.S.C. 4802.
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Although section 312(b)(2)(B)(i)(II) of
the Dodd-Frank Act 8 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 (FDI Act) 9 and other laws
as the ‘‘appropriate Federal banking
agency’’ or under similar statutory
terminology. Section 312(c)(1) of the
Dodd-Frank Act 10 revised the definition
of ‘‘appropriate Federal banking
agency’’ contained in section 3(q) of the
FDI Act 11 to add State savings
associations to the list of entities for
which the FDIC is designated as the
‘‘appropriate Federal banking agency.’’
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.
Further, section 376 of the Dodd-Frank
Act 12 grants rulemaking and
administrative authority to the FDIC
over the Exchange Act 13 filings of State
savings associations.
As noted, on June 14, 2011, operating
pursuant to this authority, the FDIC’s
Board of Directors reissued and redesignated certain transferring
regulations of the former OTS. These
transferred OTS regulations were
published as new FDIC regulations in
the Federal Register on August 5,
2011.14 When it republished the
transferred OTS regulations as new
FDIC 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.
III. The Proposed Rule
On October 2, 2019, the FDIC
published a notice of proposed
rulemaking (NPR) regarding the removal
of part 390, subpart T (formerly OTS
part 563c),15 which addressed
accounting requirements for State
savings associations.16 This subpart
prescribes for State savings associations
accounting requirements with respect to
8 12
U.S.C. 5412(b)(2)(B)(i)(II).
U.S.C. 1811 et seq.
10 12 U.S.C. 5412(c)(1).
11 12 U.S.C. 1813(q).
12 Section 376 of the Dodd Frank Act amended
section 3(a) of the Exchange Act. See 15 U.S.C.
78c(a)(34).
13 15 U.S.C. 78a et seq.
14 76 FR 47652 (Aug. 5, 2011).
15 12 CFR part 390, subpart T.
16 84 FR 52387 (Oct. 2, 2019).
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definitions, public accountant
qualifications, and the form and content
of financial statements pertaining to
certain securities transaction
documents.17 These transaction
documents include proxy statements
and offering circulars in connection
with a conversion, any offering of
securities by a State savings association,
and filings by State savings associations
requiring financial statements under the
Exchange Act.18
After a careful review of part 390,
subpart T, the FDIC determined that the
accounting requirements with respect to
financial statements and disclosure
forms and content set forth by part 390,
subpart T, are substantially similar to,
although more detailed than, other
requirements that a State savings
association must satisfy under Federal
banking or securities laws or
regulations. Therefore, the FDIC
proposed to rescind and remove part
390, subpart T (including the appendix
to 12 CFR 390.384).
State savings association reports and
financial statements are required to be
uniform and consistent with U.S.
generally accepted accounting
principles (GAAP) pursuant to section
37 of the FDI Act and section 4(b) of the
Homeowners Owners Loan Act
(HOLA).19 While securities issued by
State savings associations are exempt
from registration requirements of the
Securities Act of 1933 (Securities Act),20
the FDIC reviews for compliance with
12 CFR part 192, Conversion from a
Mutual to Stock Form (OCC conversion
regulations), offering circulars related to
mutual-to-stock conversions involving
securities offerings by State savings
associations. The FDIC will not approve
an offering circular until concerns
regarding the adequacy or accuracy of
the offering circular or the disclosures
are satisfactorily addressed.21 The FDIC
is also responsible for administering and
enforcing certain sections of the
Exchange Act with respect to State
savings associations with securities that
are publicly traded.22 As such, a State
17 Id.
18 12
CFR 390.380.
U.S.C. 1831n(a)(2); 12 U.S.C. 1463(b)(2).
20 15 U.S.C. 77a et seq. Section 3(a)(5) of the
Securities Act exempts from registration
requirements securities issued by State savings
associations. 15 U.S.C. 77c(a)(5).
21 12 CFR 192.300.
22 12 CFR 335.101. Part 335, issued by the FDIC
under section 12(i) of the Exchange Act, applies to
all securities of State savings associations that are
subject to the registration requirements of section
12(b) or section 12(g) of the Exchange Act. The
FDIC is vested with the powers, functions, and
duties of the Securities and Exchange Commission
(SEC) to administer and enforce Exchange Act
sections 10A(m), 12, 13, 14(a), 14(c), 14(d), 14(f),
19 12
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savings association that is an Exchange
Act reporting company must file
required periodic reports such as annual
reports on Form 10–K, quarterly reports
on Form 10–Q, and current reports on
Form 8–K with the FDIC pursuant to 12
CFR part 335, entitled Securities of State
Nonmember Banks and State Savings
Associations (part 335) of the FDIC
rules.23 With respect to the form and
content requirements for offerings of
mutual capital certificates and debt
securities of State savings associations
set forth in part 390, subpart T,24 the
FDIC has determined that the additional
disclosures required by part 390,
subpart T, may be more detailed than
otherwise applicable financial statement
form and content and disclosure
requirements that a State savings
association must satisfy under GAAP,
the Exchange Act, FDIC regulations, and
state regulations, as appropriate. While
there may be situations where the
disclosures required under GAAP, FDIC
regulations, and state regulations, as
appropriate, with respect to the
offerings of mutual capital certificates
and debt securities are less detailed than
the requirements under part 390,
subpart T, there have been no recent
filings by State savings associations to
the FDIC related to the offerings of
mutual capital certificates and debt
securities. Therefore, the FDIC has
concluded that the practical impact of
the differences in level of disclosure
detail is negligible and does not justify
maintaining separate disclosure
regulations applicable solely to State
savings associations.
and 16 of the Exchange Act (15 U.S.C. 78j–1, 78l,
78m, 78n(a), 78n(c), 78n(d), 78n(f), and 78p) and
sections 302, 303, 304, 306, 401(b), 404, 406, and
407 of the Sarbanes-Oxley Act of 2002 (SarbanesOxley) (15 U.S.C. 7241, 7242, 7243, 7244, 7261,
7262, 7264, and 7265) regarding State savings
associations with one or more classes of securities
subject to the registration provisions of sections
12(b) or 12(g) of the Exchange Act.
23 Pursuant to section 12(a) of the Exchange Act,
an issuer must register as an Exchange Act reporting
company if it elects to list a class of securities (debt
or equity) on a national securities exchange. 15
U.S.C. 78l(a). Generally, an issuer must register
pursuant to section 12(g) of the Exchange Act if a
class of its equity securities (other than exempted
securities) is held of record by either (i) 2,000
persons, or (ii) 500 persons who are not accredited
investors and, on the last day of the issuer’s fiscal
year, its total assets exceed $10 million. 12 CFR part
335. However, for banks, bank holding companies,
and savings and loan holding companies, the
threshold is 2,000 or more holders of record; the
separate registration trigger for 500 or more nonaccredited holders of record does not apply. A list
of FDIC-supervised depository institutions
currently reporting to the FDIC under the Exchange
Act and part 335 can be accessed at https://
www.fdic.gov/bank/individual/part335/.
24 12 CFR 390.384(c).
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IV. Comments
The FDIC issued the NPR with a 30day comment period, which closed on
November 4, 2019. The FDIC received
no comments on the NPR.
Consequently, the proposed rule is
adopted as final without change, and
part 390, subpart T, will be rescinded in
its entirety.
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V. Explanation of the Final Rule
As discussed in the NPR, 12 CFR part
390, subpart T, is being rescinded, in its
entirety, because the financial statement
and disclosure requirements set forth in
part 390, subpart T, are substantially
similar to, although more detailed than,
otherwise applicable financial statement
form and content requirements and
disclosure requirements that a State
savings association must satisfy under
Federal banking or securities laws or
regulations. The FDI Act has long
required that reports and statements to
be filed with the FDIC by insured
depository institutions, including
insured State saving associations, be
uniform and consistent with GAAP.
Moreover, the HOLA has required that
savings association reports and financial
statements be consistent with GAAP
since the Competitive Equality Banking
Act of 1987 25 was enacted. State savings
associations with securities traded in
the secondary market are subject to the
registration provisions and reporting
requirements of the Exchange Act as
implemented by the FDIC, pursuant to
the authority granted by Section 12(i) of
the Exchange Act. As a result, a State
savings association, like a State
nonmember bank, is required to file
reports and other filings containing
generally the same information that
would be included in Exchange Act
reports with the FDIC pursuant to part
335, instead of filing with the SEC.
The form and content of financial
statements used in connection with
proxy solicitations and offering circulars
for the conversion of a State savings
association from mutual to stock form
remain subject to the OCC conversion
regulations at part 192 and offering
materials for the issuance of mutual
capital certificates remain subject to the
OCC regulations at 12 CFR 163.74, in
addition to GAAP and any applicable
Exchange Act requirements. While State
savings association public offerings of
securities are exempt from Securities
Act registration requirements, the FDIC
reviews offering circulars to ascertain
that they were prepared in compliance
with the anti-fraud provisions of the
Federal securities laws, which require
25 Public
Law 100–86, 101 Stat. 552 (1987).
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full and adequate disclosure of material
facts, meet the needs of investors and
depositors, and are uniform and
consistent with GAAP, including
financial statement disclosure
requirements. Removing part 390,
subpart T, will streamline the FDIC’s
regulations and will not increase
regulatory burden for FDIC-supervised
institutions.
VI. Expected Effects
As of June 30, 2019, the FDIC
supervises 3,424 insured depository
institutions, of which 38 (1.1 percent)
are insured State saving associations.26
The final rule primarily would only
affect regulations that govern State
savings associations. As explained in
the NPR, the final rule would remove
§§ 390.380, 390.381, 390.382, 390.383,
and 390.384 of part 390, subpart T,
because other Federal banking or
securities laws or regulations contain
similar requirements. Because these
regulations are largely redundant,
rescinding them will not have any
substantive effects on FDIC-supervised
institutions.
VII. Alternatives
The FDIC considered alternatives to
the final rule but believes that the
amendments represent the most
appropriate option for covered
institutions. As discussed previously,
the Dodd-Frank Act transferred certain
powers, duties, and functions formerly
performed by the OTS to the FDIC. The
FDIC’s Board reissued and redesignated
certain transferred regulations from the
OTS, but noted that it would evaluate
them and might later incorporate them
into other FDIC regulations, amend
them, or rescind them, as appropriate.
The FDIC has evaluated the existing
regulations relating to State savings
association accounting requirements
and part 390, subpart T (including the
appendix to 12 CFR 390.384). The FDIC
considered the alternative of retaining
the current regulations, but did not
choose to do so because it would be
needlessly complex and confusing for
its supervised institutions if
substantively similar regulations
regarding accounting requirements for
Exchange Act filers were located in
different locations within the Code of
Federal Regulations. The FDIC believes
it would be burdensome for FDICsupervised institutions to refer to these
separate sets of regulations. Therefore,
the FDIC is rescinding part 390, subpart
26 Based on data from the June 30, 2019,
Consolidated Reports of Condition and Income (Call
Report) and Report of Assets and Liabilities of U.S.
Branches and Agencies of Foreign Banks.
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T (including the appendix to 12 CFR
390.384) and streamlining the FDIC’s
regulations.
VIII. Administrative Law Matters
A. The Paperwork Reduction Act
In accordance with the requirements
of the Paperwork Reduction Act of 1995
(PRA),27 the FDIC may not conduct or
sponsor, and the respondent is not
required to respond to, an information
collection unless it displays a currently
valid Office of Management and Budget
(OMB) control number.
The final rule rescinds and removes
from FDIC regulations part 390, subpart
T (including the appendix to 12 CFR
390.384). The final rule will not create
any new or revise any existing
collections of information under the
PRA. Therefore, no information
collection request will be submitted to
the OMB for review.
B. The Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA),
requires that, in connection with a final
rule, an agency prepare a final
regulatory flexibility analysis that
describes the impact of the final rule on
small entities.28 However, a regulatory
flexibility analysis is not required if the
agency certifies that the rule will not
have a significant economic impact on
a substantial number of small entities,
and publishes its certification and a
short explanatory statement in the
Federal Register together with the rule.
The Small Business Administration
(SBA) has defined ‘‘small entities’’ to
include banking organizations with total
assets of less than or equal to $600
million.29 Generally, the FDIC considers
a significant effect to be a quantified
effect in excess of 5 percent of total
annual salaries and benefits per
institution, or 2.5 percent of total
noninterest expenses. The FDIC believes
that effects in excess of these thresholds
typically represent significant effects for
FDIC-supervised institutions. For the
reasons provided below, the FDIC
certifies that the rule would not have a
significant economic impact on a
27 44
U.S.C. 3501–3521.
U.S.C. 601, et seq.
29 The SBA defines a small banking organization
as having $600 million or less in assets, where an
organization’s ‘‘assets are determined by averaging
the assets reported on its four quarterly financial
statements for the preceding year.’’ See 13 CFR
121.201 (as amended, by 84 FR 34261, effective
August 19, 2019). ‘‘SBA counts the receipts,
employees, or other measure of size of the concern
whose size is at issue and all of its domestic and
foreign affiliates.’’ See 13 CFR 121.103. Following
these regulations, the FDIC uses a covered entity’s
affiliated and acquired assets, averaged over the
preceding four quarters, to determine whether the
covered entity is ‘‘small’’ for the purposes of RFA.
28 5
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Federal Register / Vol. 85, No. 13 / Tuesday, January 21, 2020 / Rules and Regulations
substantial number of small banking
organizations. Accordingly, a regulatory
flexibility analysis is not required.
As of June 30, 2019, the FDIC
supervised 3,424 insured depository
institutions, of which 2,665 are
considered small banking organizations
for the purposes of RFA.30 The rule
primarily affects regulations that govern
State savings associations. There are 36
State savings associations considered to
be small banking organizations for the
purposes of the RFA.31
As explained in the NPR, the final
rule would remove §§ 390.380, 390.381,
390.382, 390.383, and 390.384 of part
390, subpart T, because these sections
are unnecessary or redundant of existing
Federal banking and securities laws or
regulations that prescribe accounting
requirements for State savings
associations. Because these regulations
are redundant to existing regulations,
rescinding them would not have any
substantive effects on small FDICsupervised institutions.
Based on the information above, the
FDIC certifies that the final rule would
not have a significant economic impact
on a substantial number of small
entities.
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C. The Congressional Review Act
For purposes of Congressional Review
Act, the OMB makes a determination as
to whether a final rule constitutes a
‘‘major’’ rule.32 If a rule is deemed a
major rule by the OMB, the
Congressional Review Act generally
provides that the rule may not take
effect until at least 60 days following its
publication.33
The Congressional Review Act defines
a ‘‘major rule’’ as any rule that the
Administrator of the Office of
Information and Regulatory Affairs of
the OMB finds has resulted in or is
likely to result in—(A) an annual effect
on the economy of $100,000,000 or
more; (B) a major increase in costs or
prices for consumers, individual
industries, Federal, State, or local
government agencies or geographic
regions, or (C) significant adverse effects
on competition, employment,
investment, productivity, innovation, or
on the ability of United States-based
enterprises to compete with foreignbased enterprises in domestic and
export markets.34
The OMB has determined that the
final rule is not a major rule for
30 Based on data from the June 30, 2019, Call
Report and Report of Assets and Liabilities of U.S.
Branches and Agencies of Foreign Banks.
31 Id.
32 5 U.S.C. 801 et seq.
33 5 U.S.C. 801(a)(3).
34 5 U.S.C. 804(2).
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purposes of the Congressional Review
Act and the FDIC will submit the final
rule and other appropriate reports to
Congress and the Government
Accountability Office for review.
D. Plain Language
Section 722 of the Gramm-LeachBliley Act 35 requires each Federal
banking agency to use plain language in
all of its proposed and final rules
published after January 1, 2000. The
FDIC sought to present the final rule in
a simple and straightforward manner
and did not receive any comments on
the use of plain language.
E. 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.36 The
FDIC, along with the other Federal
banking agencies, submitted a Joint
Report to Congress on March 21, 2017,
(EGRPRA Report) discussing how the
review was conducted, what has been
done to date to address regulatory
burden, and further measures that will
be taken to address issues that were
identified.37 As noted in the EGRPRA
Report, the FDIC is continuing to
streamline and clarify its regulations
through the OTS rule integration
process. By removing outdated or
unnecessary regulations, such as part
390, subpart T, this final rule
complements other actions the FDIC has
taken, separately and with the other
Federal banking agencies, to further the
EGRPRA mandate.
F. Riegle Community Development and
Regulatory Improvement Act of 1994
Pursuant to section 302(a) of the
Riegle Community Development and
Regulatory Improvement Act
(RCDRIA),38 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), each
Federal banking agency must 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
35 Public Law 106–102, section 722, 113 Stat.
1338, 1471 (1999).
36 Public Law 104–208, 110 Stat. 3009 (1996).
37 82 FR 15900 (March 31, 2017).
38 12 U.S.C. 4802(a).
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3253
institutions, and customers of
depository institutions, as well as the
benefits of such regulations. In addition,
section 302(b) of RCDRIA requires new
regulations and amendments to
regulations that impose additional
reporting, disclosures, or other new
requirements on IDIs generally to 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.39
Because the final rule does not
impose additional reporting, disclosure,
or other requirements on IDIs, section
302 of RCDRIA does not apply.
List of Subjects in 12 CFR Part 390
Administrative practice and
procedure, Advertising, Aged, Civil
rights, Conflict of interests, Credit,
Crime, Equal employment opportunity,
Fair housing, Government employees,
Individuals with disabilities, Reporting
and recordkeeping requirements,
Savings associations.
Authority and Issuance
For the reasons stated in the
preamble, the Federal Deposit Insurance
Corporation amends 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 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 O also issued under 12 U.S.C.
1828.
Subpart Q also issued under 12 U.S.C.
1462; 1462a; 1463; 1464.
Subpart W also issued under 12 U.S.C.
1462a; 1463; 1464; 15 U.S.C. 78c; 78l; 78m;
78n; 78p; 78w.
Subpart Y also issued under 12 U.S.C.
1831o.
Subpart T—[Removed and Reserved]
2. Remove and reserve subpart T,
consisting of §§ 390.380 through
390.384.
■
Federal Deposit Insurance Corporation.
By order of the Board of Directors.
Dated at Washington, DC, on December 12,
2019.
Annmarie H. Boyd,
Assistant Executive Secretary.
[FR Doc. 2019–27579 Filed 1–17–20; 8:45 am]
BILLING CODE 6714–01–P
39 12
E:\FR\FM\21JAR1.SGM
U.S.C. 4802(b).
21JAR1
Agencies
[Federal Register Volume 85, Number 13 (Tuesday, January 21, 2020)]
[Rules and Regulations]
[Pages 3250-3253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27579]
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FEDERAL DEPOSIT INSURANCE CORPORATION
12 CFR Part 390
RIN 3064-AF15
Removal of Transferred OTS Regulations Regarding Accounting
Requirements for State Savings Associations
AGENCY: Federal Deposit Insurance Corporation.
ACTION: Final rule.
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SUMMARY: The Federal Deposit Insurance Corporation (FDIC) is adopting a
final rule to rescind and remove rules regarding accounting
requirements for State savings associations because these financial
statement and disclosure requirements are substantially similar to,
although more detailed than, otherwise applicable financial statement
form and content requirements and disclosure requirements that a State
savings association must satisfy under Federal banking or securities
laws or regulations. The final rule adopts, without change, a notice of
proposed rulemaking (NPR) published in the Federal Register on October
2, 2019, which received no comments.
DATES: The final rule is effective on February 20, 2020.
FOR FURTHER INFORMATION CONTACT: Maureen Loviglio, Senior Staff
Accountant, Division of Risk Management Supervision, (202) 898-6777,
[email protected]; Suzanne Dawley, Counsel, Legal Division,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Policy Objectives
The policy objectives of the final rule are twofold. The first is
to simplify the FDIC's regulations by removing unnecessary regulations,
or realigning existing regulations in order to improve the public's
understanding and to improve the ease of reference. The second is to
promote parity between State savings associations and State nonmember
banks by making both classes of institutions subject to the same
accounting requirements. Thus, as further detailed in this section, the
FDIC is rescinding and removing from the Code of Federal Regulations
rules entitled Accounting Requirements (part 390, subpart T) applicable
to State savings associations. Such requirements prescribe definitions,
public accountant qualifications, and the form and content of financial
statements pertaining to certain securities and their related
transaction documents. Transaction documents may include proxy
statements and offering circulars in connection with a conversion, any
offering of securities by a State savings association, and filings by
State savings associations requiring financial statements under the
Securities Exchange Act of 1934 (Exchange Act).\1\ The FDIC has
determined that the additional financial disclosure requirements
required by part 390, subpart T, for State savings associations are
substantially similar to, although more detailed than, otherwise
applicable financial statement form and content requirements and
disclosure requirements that State nonmember banks must satisfy under
Federal banking or securities laws or regulations. Therefore, the FDIC
is rescinding and removing part 390, subpart T, and will apply existing
disclosure requirements, and related form and content of financial
statements requirements to State savings associations.
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\1\ 15 U.S.C. 78a et seq.
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II. Background
The Dodd-Frank Wall Street Reform and Consumer Protection Act
(Dodd-Frank Act),\2\ 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.\3\ Beginning July 21,
2011, the transfer date established by section 311 of the Dodd-Frank
Act,\4\ the powers, duties, and functions formerly performed by the
Office of Thrift Supervision (OTS) were divided among the FDIC, as to
State savings associations, the Office of the Comptroller of the
Currency (OCC), as to Federal savings associations, and the Board of
Governors of the Federal Reserve System, as to savings and loan holding
companies. Section 316(b) of the Dodd-Frank Act \5\ provides the manner
of treatment for all orders, resolutions, determinations, regulations,
and advisory materials issued, made, prescribed, or allowed to become
effective by the OTS. Section 316(b) also provides that, if such
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.
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\2\ 12 U.S.C. 5301 et seq.
\3\ 12 U.S.C. 5411.
\4\ Id.
\5\ 12 U.S.C. 5414(b).
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Pursuant to section 316(c) of the Dodd-Frank Act,\6\ 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.\7\
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\6\ 12 U.S.C. 5414(c).
\7\ 76 FR 39246 (July 6, 2011).
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[[Page 3251]]
Although section 312(b)(2)(B)(i)(II) of the Dodd-Frank Act \8\
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 (FDI Act) \9\ and other laws as the ``appropriate Federal
banking agency'' or under similar statutory terminology. Section
312(c)(1) of the Dodd-Frank Act \10\ revised the definition of
``appropriate Federal banking agency'' contained in section 3(q) of the
FDI Act \11\ to add State savings associations to the list of entities
for which the FDIC is designated as the ``appropriate Federal banking
agency.'' 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.
Further, section 376 of the Dodd-Frank Act \12\ grants rulemaking and
administrative authority to the FDIC over the Exchange Act \13\ filings
of State savings associations.
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\8\ 12 U.S.C. 5412(b)(2)(B)(i)(II).
\9\ 12 U.S.C. 1811 et seq.
\10\ 12 U.S.C. 5412(c)(1).
\11\ 12 U.S.C. 1813(q).
\12\ Section 376 of the Dodd Frank Act amended section 3(a) of
the Exchange Act. See 15 U.S.C. 78c(a)(34).
\13\ 15 U.S.C. 78a et seq.
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As noted, on June 14, 2011, operating pursuant to this authority,
the FDIC's Board of Directors reissued and re-designated certain
transferring regulations of the former OTS. These transferred OTS
regulations were published as new FDIC regulations in the Federal
Register on August 5, 2011.\14\ When it republished the transferred OTS
regulations as new FDIC 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.
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\14\ 76 FR 47652 (Aug. 5, 2011).
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III. The Proposed Rule
On October 2, 2019, the FDIC published a notice of proposed
rulemaking (NPR) regarding the removal of part 390, subpart T (formerly
OTS part 563c),\15\ which addressed accounting requirements for State
savings associations.\16\ This subpart prescribes for State savings
associations accounting requirements with respect to definitions,
public accountant qualifications, and the form and content of financial
statements pertaining to certain securities transaction documents.\17\
These transaction documents include proxy statements and offering
circulars in connection with a conversion, any offering of securities
by a State savings association, and filings by State savings
associations requiring financial statements under the Exchange Act.\18\
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\15\ 12 CFR part 390, subpart T.
\16\ 84 FR 52387 (Oct. 2, 2019).
\17\ Id.
\18\ 12 CFR 390.380.
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After a careful review of part 390, subpart T, the FDIC determined
that the accounting requirements with respect to financial statements
and disclosure forms and content set forth by part 390, subpart T, are
substantially similar to, although more detailed than, other
requirements that a State savings association must satisfy under
Federal banking or securities laws or regulations. Therefore, the FDIC
proposed to rescind and remove part 390, subpart T (including the
appendix to 12 CFR 390.384).
State savings association reports and financial statements are
required to be uniform and consistent with U.S. generally accepted
accounting principles (GAAP) pursuant to section 37 of the FDI Act and
section 4(b) of the Homeowners Owners Loan Act (HOLA).\19\ While
securities issued by State savings associations are exempt from
registration requirements of the Securities Act of 1933 (Securities
Act),\20\ the FDIC reviews for compliance with 12 CFR part 192,
Conversion from a Mutual to Stock Form (OCC conversion regulations),
offering circulars related to mutual-to-stock conversions involving
securities offerings by State savings associations. The FDIC will not
approve an offering circular until concerns regarding the adequacy or
accuracy of the offering circular or the disclosures are satisfactorily
addressed.\21\ The FDIC is also responsible for administering and
enforcing certain sections of the Exchange Act with respect to State
savings associations with securities that are publicly traded.\22\ As
such, a State savings association that is an Exchange Act reporting
company must file required periodic reports such as annual reports on
Form 10-K, quarterly reports on Form 10-Q, and current reports on Form
8-K with the FDIC pursuant to 12 CFR part 335, entitled Securities of
State Nonmember Banks and State Savings Associations (part 335) of the
FDIC rules.\23\ With respect to the form and content requirements for
offerings of mutual capital certificates and debt securities of State
savings associations set forth in part 390, subpart T,\24\ the FDIC has
determined that the additional disclosures required by part 390,
subpart T, may be more detailed than otherwise applicable financial
statement form and content and disclosure requirements that a State
savings association must satisfy under GAAP, the Exchange Act, FDIC
regulations, and state regulations, as appropriate. While there may be
situations where the disclosures required under GAAP, FDIC regulations,
and state regulations, as appropriate, with respect to the offerings of
mutual capital certificates and debt securities are less detailed than
the requirements under part 390, subpart T, there have been no recent
filings by State savings associations to the FDIC related to the
offerings of mutual capital certificates and debt securities.
Therefore, the FDIC has concluded that the practical impact of the
differences in level of disclosure detail is negligible and does not
justify maintaining separate disclosure regulations applicable solely
to State savings associations.
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\19\ 12 U.S.C. 1831n(a)(2); 12 U.S.C. 1463(b)(2).
\20\ 15 U.S.C. 77a et seq. Section 3(a)(5) of the Securities Act
exempts from registration requirements securities issued by State
savings associations. 15 U.S.C. 77c(a)(5).
\21\ 12 CFR 192.300.
\22\ 12 CFR 335.101. Part 335, issued by the FDIC under section
12(i) of the Exchange Act, applies to all securities of State
savings associations that are subject to the registration
requirements of section 12(b) or section 12(g) of the Exchange Act.
The FDIC is vested with the powers, functions, and duties of the
Securities and Exchange Commission (SEC) to administer and enforce
Exchange Act sections 10A(m), 12, 13, 14(a), 14(c), 14(d), 14(f),
and 16 of the Exchange Act (15 U.S.C. 78j-1, 78l, 78m, 78n(a),
78n(c), 78n(d), 78n(f), and 78p) and sections 302, 303, 304, 306,
401(b), 404, 406, and 407 of the Sarbanes-Oxley Act of 2002
(Sarbanes-Oxley) (15 U.S.C. 7241, 7242, 7243, 7244, 7261, 7262,
7264, and 7265) regarding State savings associations with one or
more classes of securities subject to the registration provisions of
sections 12(b) or 12(g) of the Exchange Act.
\23\ Pursuant to section 12(a) of the Exchange Act, an issuer
must register as an Exchange Act reporting company if it elects to
list a class of securities (debt or equity) on a national securities
exchange. 15 U.S.C. 78l(a). Generally, an issuer must register
pursuant to section 12(g) of the Exchange Act if a class of its
equity securities (other than exempted securities) is held of record
by either (i) 2,000 persons, or (ii) 500 persons who are not
accredited investors and, on the last day of the issuer's fiscal
year, its total assets exceed $10 million. 12 CFR part 335. However,
for banks, bank holding companies, and savings and loan holding
companies, the threshold is 2,000 or more holders of record; the
separate registration trigger for 500 or more non-accredited holders
of record does not apply. A list of FDIC-supervised depository
institutions currently reporting to the FDIC under the Exchange Act
and part 335 can be accessed at https://www.fdic.gov/bank/individual/part335/.
\24\ 12 CFR 390.384(c).
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[[Page 3252]]
IV. Comments
The FDIC issued the NPR with a 30-day comment period, which closed
on November 4, 2019. The FDIC received no comments on the NPR.
Consequently, the proposed rule is adopted as final without change, and
part 390, subpart T, will be rescinded in its entirety.
V. Explanation of the Final Rule
As discussed in the NPR, 12 CFR part 390, subpart T, is being
rescinded, in its entirety, because the financial statement and
disclosure requirements set forth in part 390, subpart T, are
substantially similar to, although more detailed than, otherwise
applicable financial statement form and content requirements and
disclosure requirements that a State savings association must satisfy
under Federal banking or securities laws or regulations. The FDI Act
has long required that reports and statements to be filed with the FDIC
by insured depository institutions, including insured State saving
associations, be uniform and consistent with GAAP. Moreover, the HOLA
has required that savings association reports and financial statements
be consistent with GAAP since the Competitive Equality Banking Act of
1987 \25\ was enacted. State savings associations with securities
traded in the secondary market are subject to the registration
provisions and reporting requirements of the Exchange Act as
implemented by the FDIC, pursuant to the authority granted by Section
12(i) of the Exchange Act. As a result, a State savings association,
like a State nonmember bank, is required to file reports and other
filings containing generally the same information that would be
included in Exchange Act reports with the FDIC pursuant to part 335,
instead of filing with the SEC.
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\25\ Public Law 100-86, 101 Stat. 552 (1987).
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The form and content of financial statements used in connection
with proxy solicitations and offering circulars for the conversion of a
State savings association from mutual to stock form remain subject to
the OCC conversion regulations at part 192 and offering materials for
the issuance of mutual capital certificates remain subject to the OCC
regulations at 12 CFR 163.74, in addition to GAAP and any applicable
Exchange Act requirements. While State savings association public
offerings of securities are exempt from Securities Act registration
requirements, the FDIC reviews offering circulars to ascertain that
they were prepared in compliance with the anti-fraud provisions of the
Federal securities laws, which require full and adequate disclosure of
material facts, meet the needs of investors and depositors, and are
uniform and consistent with GAAP, including financial statement
disclosure requirements. Removing part 390, subpart T, will streamline
the FDIC's regulations and will not increase regulatory burden for
FDIC-supervised institutions.
VI. Expected Effects
As of June 30, 2019, the FDIC supervises 3,424 insured depository
institutions, of which 38 (1.1 percent) are insured State saving
associations.\26\ The final rule primarily would only affect
regulations that govern State savings associations. As explained in the
NPR, the final rule would remove Sec. Sec. 390.380, 390.381, 390.382,
390.383, and 390.384 of part 390, subpart T, because other Federal
banking or securities laws or regulations contain similar requirements.
Because these regulations are largely redundant, rescinding them will
not have any substantive effects on FDIC-supervised institutions.
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\26\ Based on data from the June 30, 2019, Consolidated Reports
of Condition and Income (Call Report) and Report of Assets and
Liabilities of U.S. Branches and Agencies of Foreign Banks.
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VII. Alternatives
The FDIC considered alternatives to the final rule but believes
that the amendments represent the most appropriate option for covered
institutions. As discussed previously, the Dodd-Frank Act transferred
certain powers, duties, and functions formerly performed by the OTS to
the FDIC. The FDIC's Board reissued and redesignated certain
transferred regulations from the OTS, but noted that it would evaluate
them and might later incorporate them into other FDIC regulations,
amend them, or rescind them, as appropriate. The FDIC has evaluated the
existing regulations relating to State savings association accounting
requirements and part 390, subpart T (including the appendix to 12 CFR
390.384). The FDIC considered the alternative of retaining the current
regulations, but did not choose to do so because it would be needlessly
complex and confusing for its supervised institutions if substantively
similar regulations regarding accounting requirements for Exchange Act
filers were located in different locations within the Code of Federal
Regulations. The FDIC believes it would be burdensome for FDIC-
supervised institutions to refer to these separate sets of regulations.
Therefore, the FDIC is rescinding part 390, subpart T (including the
appendix to 12 CFR 390.384) and streamlining the FDIC's regulations.
VIII. Administrative Law Matters
A. The Paperwork Reduction Act
In accordance with the requirements of the Paperwork Reduction Act
of 1995 (PRA),\27\ the FDIC may not conduct or sponsor, and the
respondent is not required to respond to, an information collection
unless it displays a currently valid Office of Management and Budget
(OMB) control number.
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\27\ 44 U.S.C. 3501-3521.
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The final rule rescinds and removes from FDIC regulations part 390,
subpart T (including the appendix to 12 CFR 390.384). The final rule
will not create any new or revise any existing collections of
information under the PRA. Therefore, no information collection request
will be submitted to the OMB for review.
B. The Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), requires that, in connection
with a final rule, an agency prepare a final regulatory flexibility
analysis that describes the impact of the final rule on small
entities.\28\ However, a regulatory flexibility analysis is not
required if the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities,
and publishes its certification and a short explanatory statement in
the Federal Register together with the rule. The Small Business
Administration (SBA) has defined ``small entities'' to include banking
organizations with total assets of less than or equal to $600
million.\29\ Generally, the FDIC considers a significant effect to be a
quantified effect in excess of 5 percent of total annual salaries and
benefits per institution, or 2.5 percent of total noninterest expenses.
The FDIC believes that effects in excess of these thresholds typically
represent significant effects for FDIC-supervised institutions. For the
reasons provided below, the FDIC certifies that the rule would not have
a significant economic impact on a
[[Page 3253]]
substantial number of small banking organizations. Accordingly, a
regulatory flexibility analysis is not required.
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\28\ 5 U.S.C. 601, et seq.
\29\ The SBA defines a small banking organization as having $600
million or less in assets, where an organization's ``assets are
determined by averaging the assets reported on its four quarterly
financial statements for the preceding year.'' See 13 CFR 121.201
(as amended, by 84 FR 34261, effective August 19, 2019). ``SBA
counts the receipts, employees, or other measure of size of the
concern whose size is at issue and all of its domestic and foreign
affiliates.'' See 13 CFR 121.103. Following these regulations, the
FDIC uses a covered entity's affiliated and acquired assets,
averaged over the preceding four quarters, to determine whether the
covered entity is ``small'' for the purposes of RFA.
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As of June 30, 2019, the FDIC supervised 3,424 insured depository
institutions, of which 2,665 are considered small banking organizations
for the purposes of RFA.\30\ The rule primarily affects regulations
that govern State savings associations. There are 36 State savings
associations considered to be small banking organizations for the
purposes of the RFA.\31\
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\30\ Based on data from the June 30, 2019, Call Report and
Report of Assets and Liabilities of U.S. Branches and Agencies of
Foreign Banks.
\31\ Id.
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As explained in the NPR, the final rule would remove Sec. Sec.
390.380, 390.381, 390.382, 390.383, and 390.384 of part 390, subpart T,
because these sections are unnecessary or redundant of existing Federal
banking and securities laws or regulations that prescribe accounting
requirements for State savings associations. Because these regulations
are redundant to existing regulations, rescinding them would not have
any substantive effects on small FDIC-supervised institutions.
Based on the information above, the FDIC certifies that the final
rule would not have a significant economic impact on a substantial
number of small entities.
C. The Congressional Review Act
For purposes of Congressional Review Act, the OMB makes a
determination as to whether a final rule constitutes a ``major''
rule.\32\ If a rule is deemed a major rule by the OMB, the
Congressional Review Act generally provides that the rule may not take
effect until at least 60 days following its publication.\33\
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\32\ 5 U.S.C. 801 et seq.
\33\ 5 U.S.C. 801(a)(3).
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The Congressional Review Act defines a ``major rule'' as any rule
that the Administrator of the Office of Information and Regulatory
Affairs of the OMB finds has resulted in or is likely to result in--(A)
an annual effect on the economy of $100,000,000 or more; (B) a major
increase in costs or prices for consumers, individual industries,
Federal, State, or local government agencies or geographic regions, or
(C) significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
enterprises to compete with foreign-based enterprises in domestic and
export markets.\34\
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\34\ 5 U.S.C. 804(2).
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The OMB has determined that the final rule is not a major rule for
purposes of the Congressional Review Act and the FDIC will submit the
final rule and other appropriate reports to Congress and the Government
Accountability Office for review.
D. Plain Language
Section 722 of the Gramm-Leach-Bliley Act \35\ requires each
Federal banking agency to use plain language in all of its proposed and
final rules published after January 1, 2000. The FDIC sought to present
the final rule in a simple and straightforward manner and did not
receive any comments on the use of plain language.
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\35\ Public Law 106-102, section 722, 113 Stat. 1338, 1471
(1999).
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E. 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.\36\ The FDIC, along with the other Federal banking
agencies, submitted a Joint Report to Congress on March 21, 2017,
(EGRPRA Report) discussing how the review was conducted, what has been
done to date to address regulatory burden, and further measures that
will be taken to address issues that were identified.\37\ As noted in
the EGRPRA Report, the FDIC is continuing to streamline and clarify its
regulations through the OTS rule integration process. By removing
outdated or unnecessary regulations, such as part 390, subpart T, this
final rule complements other actions the FDIC has taken, separately and
with the other Federal banking agencies, to further the EGRPRA mandate.
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\36\ Public Law 104-208, 110 Stat. 3009 (1996).
\37\ 82 FR 15900 (March 31, 2017).
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F. Riegle Community Development and Regulatory Improvement Act of 1994
Pursuant to section 302(a) of the Riegle Community Development and
Regulatory Improvement Act (RCDRIA),\38\ 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), each Federal banking agency
must 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. In addition, section 302(b) of RCDRIA
requires new regulations and amendments to regulations that impose
additional reporting, disclosures, or other new requirements on IDIs
generally to 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.\39\
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\38\ 12 U.S.C. 4802(a).
\39\ 12 U.S.C. 4802(b).
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Because the final rule does not impose additional reporting,
disclosure, or other requirements on IDIs, section 302 of RCDRIA does
not apply.
List of Subjects in 12 CFR Part 390
Administrative practice and procedure, Advertising, Aged, Civil
rights, Conflict of interests, Credit, Crime, Equal employment
opportunity, Fair housing, Government employees, Individuals with
disabilities, Reporting and recordkeeping requirements, Savings
associations.
Authority and Issuance
For the reasons stated in the preamble, the Federal Deposit
Insurance Corporation amends 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 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 O also issued under 12 U.S.C. 1828.
Subpart Q also issued under 12 U.S.C. 1462; 1462a; 1463; 1464.
Subpart W also issued under 12 U.S.C. 1462a; 1463; 1464; 15
U.S.C. 78c; 78l; 78m; 78n; 78p; 78w.
Subpart Y also issued under 12 U.S.C. 1831o.
Subpart T--[Removed and Reserved]
0
2. Remove and reserve subpart T, consisting of Sec. Sec. 390.380
through 390.384.
Federal Deposit Insurance Corporation.
By order of the Board of Directors.
Dated at Washington, DC, on December 12, 2019.
Annmarie H. Boyd,
Assistant Executive Secretary.
[FR Doc. 2019-27579 Filed 1-17-20; 8:45 am]
BILLING CODE 6714-01-P