Removal of Transferred OTS Regulations Regarding Definitions of Terms, 9028-9031 [2021-01536]
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9028
Proposed Rules
Federal Register
Vol. 86, No. 27
Thursday, February 11, 2021
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
FEDERAL DEPOSIT INSURANCE
CORPORATION
12 CFR Part 390
RIN 3064–AF30
Removal of Transferred OTS
Regulations Regarding Definitions of
Terms
Federal Deposit Insurance
Corporation.
ACTION: Notice of proposed rulemaking.
AGENCY:
In order to streamline FDIC
regulations, the FDIC proposes to
rescind and remove from the Code of
Federal Regulations rules entitled
Definitions for Regulations Affecting All
State Savings Associations that were
transferred to the FDIC from the Office
of Thrift Supervision (OTS) on July 21,
2011, in connection with the
implementation of Title III of the DoddFrank Wall Street Reform and Consumer
Protection Act (Dodd-Frank Act). The
effective date of rescinding and
removing these regulations would be
coordinated with the rescission and
removal of the other remaining subparts.
DATES: Comments must be received on
or before March 15, 2021.
ADDRESSES: You may submit comments,
identified by RIN 3064–AF30, by any of
the following methods:
• FDIC Website: https://
www.fdic.gov/regulations/laws/federal/.
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SUMMARY:
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Follow instructions for submitting
comments on the agency website.
• Email: Comments@fdic.gov. Include
RIN 3064–AF30 on the subject line of
the message.
• Mail: James P. Sheesley, Assistant
Executive Secretary, Attention:
Comments, Federal Deposit Insurance
Corporation, 550 17th Street NW,
Washington, DC 20429.
• Hand Delivery to FDIC: Comments
may be hand-delivered to the guard
station at the rear of the 550 17th Street
NW building (located on F Street) on
business days between 7 a.m. and 5 p.m.
Please include your name, affiliation,
address, email address, and telephone
number(s) in your comment. All
statements received, including
attachments and other supporting
materials, are part of the public record
and are subject to public disclosure.
You should submit only information
that you wish to make publicly
available.
Please note: all comments received
will be posted generally without change
to https://www.fdic.gov/regulations/
laws/federal/, including any personal
information provided.
FOR FURTHER INFORMATION CONTACT:
Thomas Hearn, Counsel, Legal Division,
thohearn@fdic.gov, 202–898–6967; or
Kathryn Marks, Counsel, Legal Division,
kmarks@fdic.gov, 202–898–3896.
SUPPLEMENTARY INFORMATION:
I. Policy Objectives
The policy objective of the proposed
rule is to rescind and remove
unnecessary and duplicative regulations
in order to simplify them and improve
the public’s understanding of them.
Subpart Q of part 390 is composed
entirely of definitions of terms used in
other subparts of parts 390 and 391.
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When completed, the ongoing rescission
and removal of all other subparts of
parts 390 and 391 mean the definitions
in subpart Q will no longer apply to any
current regulation, rendering it
unnecessary. Therefore, the proposed
rescission and removal of subpart Q
may contribute to minimizing potential
misunderstanding of the subpart by
readers and help keep federal
regulations current.
II. Background
Title III of the Dodd-Frank Wall Street
Reform and Consumer Protection Act of
2010 (the Dodd-Frank Act or the Act)
provided for the functions, powers, and
duties of the Office of Thrift
Supervision (OTS) relating to State
savings associations to transfer to the
FDIC effective one year after July 21,
2010, the date that the Dodd-Frank Act
was enacted.1 In connection with this
transfer, effective July 22, 2011, the
FDIC caused to be published in the
Federal Register the transferred OTS
regulations related to State savings
associations reissued as parts 390 and
391 of the FDIC’s regulations.2
When the FDIC reissued OTS
regulations as parts 390 and 391 of the
FDIC’s regulations, it specifically noted
that its staff would evaluate the reissued
regulations and may later recommend
incorporating them into other FDIC
regulations, amending them, or
rescinding them, as appropriate.3 The
1 Section 311 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act, Public Law
111–203, 124 Stat. 1376 (2010) (codified at 12
U.S.C. 5411). The Act also amended section 3 of the
Federal Deposit Insurance Act (FDI Act) to
designate the FDIC as the ‘‘appropriate Federal
banking agency’’ for State savings associations.
2 76 FR 47652 (Aug. 5, 2011).
3 76 FR at 47653.
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FDIC has since rescinded and removed
all subparts of part 391.4 At present, the
FDIC has rescinded and removed 24 of
the 26 subparts of part 390 and a notice
of proposed rulemaking with respect to
subpart W (Securities Offerings), is
expected to be considered at the same
Board meeting.5 Subpart Q, the subject
4 The list below reflects the relevant Federal
Register citations and effective dates for the
rescission and removal of the subparts of part 391.
Subpart A—Security Procedures, final rule, 83 FR
13839 (Apr. 2, 2018) https://www.govinfo.gov/
content/pkg/FR-2018-04-02/pdf/2018-06161.pdf,
effective May 2, 2018; Subpart B—Safety and
Soundness Guidelines and Compliance Procedures,
final rule, 80 FR 65904 (Oct. 28, 2015) https://
www.govinfo.gov/content/pkg/FR-2015-10-28/pdf/
2015-27293.pdf, effective November 27, 2015;
Subpart C—Fair Credit Reporting, final rule, 80 FR
65913 (Oct. 28, 2015) https://www.govinfo.gov/
content/pkg/FR-2015-10-28/pdf/2015-27291.pdf,
effective November 27, 2015; Subpart D—Loans in
Areas Having Special Flood Hazards, final rule, 79
FR 75742 (Dec. 19, 2014) https://www.govinfo.gov/
content/pkg/FR-2014-12-19/pdf/2014-29761.pdf,
effective January 20, 2015; and Subpart E—
Acquisitions of Control of State Savings
Associations, final rule, 80 FR 65889 (Oct. 28, 2015)
https://www.govinfo.gov/content/pkg/FR-2015-1028/pdf/2015-27289.pdf, effective January 1, 2016.
5 The list below reflects the relevant Federal
Register citations and effective dates for the 24
subparts of part 390 that have been rescinded and
removed. The FDIC is also expected to propose
rescinding and removing Subpart W at the same
Board meeting on January 19, 2021.
Subpart A—Restrictions on Post-Employment
Activities of Senior Examiners, final rule, 79 FR
42181 (July 21, 2014) https://www.govinfo.gov/
content/pkg/FR-2014-07-21/pdf/2014-16974.pdf,
effective August 20, 2014; Subpart B—Removals,
Suspensions, and Prohibitions Where a Crime is
Charged or Proven, final rule, 80 FR 5009 (Jan. 30
2015) https://www.govinfo.gov/content/pkg/FR2015-01-30/pdf/2015-01327.pdf, effective March 2,
2015; Subpart C—Rules of Practice and Procedure
in Adjudicatory Proceedings, final rule, 80 FR 5009
(Jan. 30 2015) https://www.govinfo.gov/content/pkg/
FR-2015-01-30/pdf/2015-01327.pdf, effective
March, 2, 2015; Subpart D—Rules for Investigations
and Formal Examination Proceedings, final rule, 80
FR 5009 (Jan. 30 2015) https://www.govinfo.gov/
content/pkg/FR-2015-01-30/pdf/2015-01327.pdf,
effective March 2, 2015; Subpart E—Rules of
Practice Before the FDIC, final rule, 80 FR 5009
(Jan. 30 2015) https://www.govinfo.gov/content/pkg/
FR-2015-01-30/pdf/2015-01327.pdf, effective March
2, 2015; Subpart F—Application Process
Procedures, final rule approved by the FDIC Board
on December 15, 2020, https://www.govinfo.gov/
content/pkg/FR-2020-10-15/pdf/2020-21000.pdf;
Subpart G—Nondiscrimination Requirements, final
rule approved by the FDIC Board on December 15,
2020, https://www.fdic.gov/news/board/2020/202012-15-notice-sum-f-mem.pdf; Subpart H—
Disclosure and Reporting of CRA-Related
Agreements, final rule, 79 FR 42183 (July 21, 2014)
https://www.govinfo.gov/content/pkg/FR-2014-0721/pdf/2014-16973.pdf, effective August 20, 2014;
Correction 80 FR 23692 (Apr. 29, 2015); https://
www.govinfo.gov/content/pkg/FR-2015-04-29/pdf/
2015-09894.pdf, effective April 29, 2015; Subpart
I—Consumer Protection in Sales of Insurance, final
rule, 83 FR 13843 (April 2, 2018) https://
www.govinfo.gov/content/pkg/FR-2018-04-02/pdf/
2018-06163.pdf, effective May 2, 2018; Subpart J—
Fiduciary Powers of State Savings Associations,
final rule, 83 FR 60333 (Nov. 26, 2018) https://
www.govinfo.gov/content/pkg/FR-2018-11-26/pdf/
2018-25659.pdf, effective January 1, 2019; Subpart
K—Recordkeeping and Confirmation Requirements
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of this Notice, is the final of the 26
subparts to be considered by the Board
for rescission.
III. Proposed Regulation Changes
Part 390, subpart Q, contains
definitions of terms used in subparts
390 and 391,6 and is derived from
definitions contained in 12 CFR part
561 of the OTS regulations. As noted
above, all of part 391 has been rescinded
and removed from the FDIC’s
regulations. For part 390, 24 of the 26
subparts have been rescinded and
removed and the other remaining
subpart, subpart W, is expected to be
for Securities Transactions, final rule, 78 FR 76721
(Dec. 19, 2013) https://www.govinfo.gov/content/
pkg/FR-2013-12-19/pdf/2013-29786.pdf, effective
January 24, 2014; Subpart L—Electronic Operations,
final rule, 80 FR 65612 (Oct. 27, 2015) https://
www.govinfo.gov/content/pkg/FR-2015-10-27/pdf/
2015-27292.pdf, effective November 27, 2015;
Subpart M—Deposits, final rule, 84 FR 65276 (Nov.
27, 2019) https://www.govinfo.gov/content/pkg/FR2019-11-27/pdf/2019-25697.pdf, effective December
27, 2019; Subpart N—Possession by Conservators or
Receivers of Federal and State Savings
Associations, final rule, 80 FR 5015 (Jan. 30, 2015)
https://www.govinfo.gov/content/pkg/FR-2015-0130/pdf/2015-01326.pdf, effective March 2, 2015;
Subpart O—Subordinate Organizations, final rule
approved by the FDIC Board on December 15, 2020,
https://www.fdic.gov/news/board/2020/2020-12-15notice-sum-g-fr.pdf; Subpart P—Lending and
Investment, final rule, 84 FR 31171 (July 1, 2019)
https://www.govinfo.gov/content/pkg/FR-2019-0701/pdf/2019-13449.pdf, effective July 31, 2019;
Subpart R—Regulatory Reporting Standards, final
rule, 85 FR 3247 (Jan. 21, 2020) https://
www.govinfo.gov/content/pkg/FR-2020-01-21/pdf/
2019-27577.pdf, effective February 20, 2020;
Subpart S—State Savings Associations—
Operations, final rule, 85 FR 3232 (Jan. 21, 2020)
https://www.govinfo.gov/content/pkg/FR-2020-0121/pdf/2019-27580.pdf, effective February 20, 2020;
Subpart T—Accounting Requirements, final rule, 85
FR 3250 (Jan. 21, 2020) https://www.govinfo.gov/
content/pkg/FR-2020-01-21/pdf/2019-27579.pdf,
effective February 20, 2020; Subpart U—Securities
of State Savings Associations, final rule, 79 FR
63498 (Oct. 24, 2014) https://www.govinfo.gov/
content/pkg/FR-2014-10-24/pdf/2014-25336.pdf,
effective November 24, 2014; Subpart V—
Management Officials Interlock, final rule, 80 FR
79250 (Dec. 21. 2015) https://www.govinfo.gov/
content/pkg/FR-2015-12-21/pdf/2015-31940.pdf,
effective January 20, 2016; Subpart W—Securities
Offerings, Subpart W is expected to be considered
at the January 19, 2021, Board meeting.; Subpart
X—Appraisals, final rule, 80 FR 33658 (June 9,
2015) https://www.govinfo.gov/content/pkg/FR2015-06-09/pdf/2015-12719.pdf, effective August
10, 2015; Subpart Y—Prompt Corrective Action,
final rule, §§ 390.450 through 390.455 rescinded
and removed, 83 FR 17737 (April 24, 2018) https://
www.govinfo.gov/content/pkg/FR-2018-04-24/pdf/
2018-06881.pdf, effective April 24, 2018; for
rescinding and removing the remaining sections of
subpart Y, §§ 390.456 through 390.459, a final rule
was approved by the FDIC Board on December 15,
2020, https://www.fdic.gov/news/board/2020/202012-15-notice-sum-h-fr.pdf. https://www.fdic.gov/
news/board/2020/2020-12-15-notice-sum-h-fr-.pdf;
Subpart Z—Capital, final rule, 83 FR 17737 (Apr.
24, 2018) https://www.govinfo.gov/content/pkg/FR2018-04-24/pdf/2018-06881.pdf, (effective April 24,
2018).
6 Subpart Q is derived from part 561 of the OTS
regulations.
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considered at the January 2021 Board
meeting. Once this other remaining
subpart of part 390 is rescinded and
removed, no regulations will remain to
which the definitions in subpart Q will
apply. For this reason, the FDIC is
proposing to rescind and remove
subpart Q, the last of the 26 subparts,
and will coordinate the final rule’s
effective date with effective dates for the
rescission and removal of the remaining
other subparts of part 390.
IV. Expected Effects
As of the quarter ending June 30,
2020, the FDIC supervised 3,270
depository institutions, of which 35 (1.1
percent) are State savings associations.7
The proposed rule primarily would
affect regulations that govern State
savings associations. Therefore, the
FDIC estimates that the proposed rule
will affect 35 FDIC-supervised State
savings associations. As previously
discussed, the proposed rule, if adopted,
would rescind and remove part 390,
subpart Q. Since the proposed
rescission and removal of subpart Q is
being coordinated with the rescission
and removal of the five remaining
subparts of part 390, it will no longer
apply to any regulation and will,
therefore, be unnecessary. Based on the
forgoing, the proposed rule is not
expected to have any substantive effects
on FDIC-supervised State savings
associations.
The proposed rule could have a broad
effect on the public by simplifying the
Code of Federal Regulations, and
thereby, benefit the public by promoting
ease of understanding and reference.
Assessing the magnitude of this
potential effect appears infeasible given
the absence of direct studies
demonstrating the potential connection
between outdated federal regulations
and compliance outcomes.
The FDIC does not believe that the
proposed rule will have direct
substantive effects on financial market
activity or the U.S. economy.
The FDIC invites comments on all
aspects of this analysis. In particular,
would the proposed rule have any costs
or benefits to covered entities that the
FDIC has not identified?
V. Alternatives Considered
The FDIC has considered alternatives
to the proposed rule, but believes the
proposed rule represents the most
appropriate option for covered
institutions. As discussed previously,
the Dodd-Frank Act transferred to the
FDIC certain powers, duties, and
functions formerly performed by the
7 CALL
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Report data, June 2020.
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Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Proposed Rules
OTS. The FDIC’s Board reissued and
redesignated certain transferred
regulations from the OTS, but noted that
it would evaluate and might later, as
appropriate, rescind, amend, or
incorporate the regulations into other
FDIC regulations.
The FDIC has evaluated the existing
regulations regarding definitions of
terms used in parts 390 and 391. The
FDIC considered the status quo
alternative of retaining the current
regulations, but believes it would be
unnecessary for FDIC-supervised
institutions to continue to refer to these
regulations when they will not apply to
remaining regulations. If subpart Q
remained in the Federal Code while all
the subparts to which it applied were
rescinded and removed, some members
of the public could incur modest but
unnecessary costs associated with the
time and effort to comprehend the
meaning of the presence of subpart Q.
Therefore, the FDIC is proposing to
rescind and remove the regulations.
VI. Request for Comments
The FDIC invites comments on all
aspects of this proposed rulemaking. In
particular, the FDIC requests comments
on what negative impacts, if any, can
you foresee in the FDIC’s proposal to
rescind and remove part 390, subpart Q
from the Code of Federal Regulation and
to coordinate this action with the
effective dates of the rescission and
removal of the other remaining subparts
of part 390. Please provide any other
comments you have on the proposal.
VII. Administrative Law Matters
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A. The Paperwork Reduction Act
In accordance with the requirements
of the Paperwork Reduction Act of 1995
(PRA),8 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 proposed rule would rescind and
remove from FDIC regulations part 390,
subpart Q. The proposed 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
notice of proposed rulemaking, an
agency prepare and make available for
public comment an initial regulatory
flexibility analysis that describes the
8 44
U.S.C. 3501–3521.
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impact of the proposed rule on small
entities.9 However, a regulatory
flexibility analysis is not required if the
agency certifies that the proposed 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
proposed 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.10
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 FDICsupervised institutions.
As of the quarter ending June 30,
2020, the FDIC supervised 3,270
depository institutions,11 of which
2,492 were considered small entities for
the purposes of RFA.12 There are 33 (1.0
percent of FDIC-supervised depository
institutions) State savings associations
that are small entities for the purposes
of RFA.13 As discussed previously, the
proposed rule would rescind and
remove 12 CFR part 390, subpart Q,
which contains definitions of terms
used in parts 390 and 391 of the FDIC’s
regulations. Because all of part 391 has
been rescinded and removed and all
other remaining subparts of part 390
will be rescinded and removed upon
finalization of this proposed
rulemaking, the FDIC does not expect
the rescission and removal of the
definitions in subpart Q to significantly
affect any small FDIC-supervised State
savings associations.
Based on the information above, the
FDIC certifies that the proposed rule, if
enacted, would not have a significant
economic impact on a substantial
number of small entities.
95
U.S.C. 601, et seq.
SBA defines a small banking organization
as having $600 million or less in assets, where ‘‘a
financial institution’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
FDIC-supervised institution is ‘‘small’’ for the
purposes of RFA.
11 FDIC-supervised institutions are set forth in 12
U.S.C. 1813(q)(2).
12 FDIC CALL Report data, June 30, 2020.
13 Id.
10 The
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The FDIC invites comments on all
aspects of the supporting information
provided in this section, and in
particular, whether the proposed rule
would have any significant effects on
small entities that the FDIC has not
identified.
C. Plain Language
Section 722 of the Gramm-LeachBliley Act 14 requires the Federal
banking agencies to use plain language
in all proposed and final rules
published after January 1, 2000. The
FDIC has sought to present the proposed
rule in a simple and straightforward
manner. The FDIC invites comments on
whether the proposal is clearly stated
and effectively organized and how the
FDIC might make the proposal easier to
understand.
D. The Economic Growth and
Regulatory Paperwork Reduction Act
Under section 2222 of the Economic
Growth and Regulatory Paperwork
Reduction Act of 1996 (EGRPRA), the
FDIC is required to review all of its
regulations at least once every 10 years
in order to identify any outdated or
otherwise unnecessary regulations
imposed on insured institutions.15 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 the FDIC
will take to address issues that were
identified.16 As noted in the EGRPRA
Report, the FDIC is continuing to
streamline and clarify its regulations
through the OTS rule integration
process. By rescinding and removing
outdated or unnecessary regulations
such as part 390, subpart Q, this
proposed rule complements other
actions that the FDIC has taken,
separately and with the other Federal
banking agencies, to further the
EGRPRA mandate.
E. Riegle Community Development and
Regulatory Improvement Act of 1994
Pursuant to section 302(a) of the
Riegle Community Development and
Regulatory Improvement Act
(RCDRIA),17 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
14 Public Law 106–102, section 722, 113 Stat.
1338, 1471 (codified at 12 U.S.C. 4809)).
15 Public Law 104–208, 110 Stat. 3009 (1996).
16 82 FR 15900 (March 31, 2017).
17 12 U.S.C. 4802(a).
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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.18 The FDIC invites
comments that further will inform its
consideration of RCDRIA.
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.
PART 390—REGULATIONS
TRANSFERRED FROM THE OFFICE OF
THRIFT SUPERVISION
Authority and Issuance
For the reasons stated in the
preamble, the Federal Deposit Insurance
Corporation proposes to amend part 390
of title 12 of the Code of Federal
Regulations as follows:
1. The authority citation for part 390
is revised to read as follows:
■
Authority: 12 U.S.C. 1819.
Subpart Q—[Removed and Reserved]
2. Remove and reserve subpart Q,
consisting of §§ 390.280 through
390.316.
■
Federal Deposit Insurance Corporation.
By order of the Board of Directors.
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Dated at Washington, DC, on January 19,
2021.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2021–01536 Filed 2–10–21; 8:45 am]
BILLING CODE 6714–01–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2020–0597; FRL–10019–
43–Region 3]
Approval and Promulgation of Air
Quality Plans; Pennsylvania;
Reasonably Available Control
Technology (RACT) Determinations for
Case-by-Case Sources Under the 1997
and 2008 8-Hour Ozone National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
multiple state implementation plan
(SIP) revisions submitted by the
Commonwealth of Pennsylvania. These
revisions were submitted by the
Pennsylvania Department of
Environmental Protection (PADEP) to
establish and require reasonably
available control technology (RACT) for
nine major sources of volatile organic
compounds (VOC) and/or nitrogen
oxides (NOX) pursuant to the
Commonwealth of Pennsylvania’s
conditionally approved RACT
regulations. In this rulemaking action,
EPA is only proposing to approve
source-specific (also referred to as
‘‘case-by-case’’) RACT determinations
for eight of the nine major sources
submitted by PADEP. These RACT
evaluations were submitted to meet
RACT requirements for the 1997 and
2008 8-hour ozone national ambient air
quality standards (NAAQS). This action
is being taken under the Clean Air Act
(CAA).
DATES: Written comments must be
received on or before March 15, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2020–0597 at https://
www.regulations.gov, or via email to
opila.marycate@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
SUMMARY:
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restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Ms.
Emily Bertram, Permits Branch (3AD10),
Air and Radiation Division, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–5273.
Ms. Bertram can also be reached via
electronic mail at bertram.emily@
epa.gov.
On March
9, 2020, PADEP submitted a revision to
its SIP to address case-by-case NOX and/
or VOC RACT for nine major facilities.
This SIP revision is intended to address
the NOX and/or VOC RACT
requirements under sections 182 and
184 of the CAA for the 1997 and 2008
8-hour ozone NAAQS. Table 1 of this
document lists the SIP submittal date
and the facilities included in PADEP’s
submittal. Although submitted in one
SIP revision by PADEP, EPA views each
facility as a separable SIP revision and
may take separate final action on one or
more facilities. In this rulemaking
action, EPA is only proposing to
approve case-by-case RACT
determinations for eight of the nine
sources submitted to EPA by PADEP.
The remaining major source, Montour
LLC, will be acted on in a future
rulemaking action.
For additional background
information on Pennsylvania’s
‘‘presumptive’’ RACT II SIP see 84 FR
20274 (May 9, 2019) and on
Pennsylvania’s source-specific or ‘‘caseby-case’’ RACT determinations see the
appropriate technical support document
(TSD) which is available online at
https://www.regulations.gov, Docket No.
EPA–R03–OAR–2020–0597.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\11FEP1.SGM
11FEP1
]]>Agencies
[Federal Register Volume 86, Number 27 (Thursday, February 11, 2021)]
[Proposed Rules]
[Pages 9028-9031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01536]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 /
Proposed Rules
[[Page 9028]]
FEDERAL DEPOSIT INSURANCE CORPORATION
12 CFR Part 390
RIN 3064-AF30
Removal of Transferred OTS Regulations Regarding Definitions of
Terms
AGENCY: Federal Deposit Insurance Corporation.
ACTION: Notice of proposed rulemaking.
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SUMMARY: In order to streamline FDIC regulations, the FDIC proposes to
rescind and remove from the Code of Federal Regulations rules entitled
Definitions for Regulations Affecting All State Savings Associations
that were transferred to the FDIC from the Office of Thrift Supervision
(OTS) on July 21, 2011, in connection with the implementation of Title
III of the Dodd-Frank Wall Street Reform and Consumer Protection Act
(Dodd-Frank Act). The effective date of rescinding and removing these
regulations would be coordinated with the rescission and removal of the
other remaining subparts.
DATES: Comments must be received on or before March 15, 2021.
ADDRESSES: You may submit comments, identified by RIN 3064-AF30, by any
of the following methods:
FDIC Website: https://www.fdic.gov/regulations/laws/federal/. Follow instructions for submitting comments on the agency
website.
Email: [email protected]. Include RIN 3064-AF30 on the
subject line of the message.
Mail: James P. Sheesley, Assistant Executive Secretary,
Attention: Comments, Federal Deposit Insurance Corporation, 550 17th
Street NW, Washington, DC 20429.
Hand Delivery to FDIC: Comments may be hand-delivered to
the guard station at the rear of the 550 17th Street NW building
(located on F Street) on business days between 7 a.m. and 5 p.m.
Please include your name, affiliation, address, email address, and
telephone number(s) in your comment. All statements received, including
attachments and other supporting materials, are part of the public
record and are subject to public disclosure. You should submit only
information that you wish to make publicly available.
Please note: all comments received will be posted generally without
change to https://www.fdic.gov/regulations/laws/federal/, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Thomas Hearn, Counsel, Legal Division,
[email protected], 202-898-6967; or Kathryn Marks, Counsel, Legal
Division, [email protected], 202-898-3896.
SUPPLEMENTARY INFORMATION:
I. Policy Objectives
The policy objective of the proposed rule is to rescind and remove
unnecessary and duplicative regulations in order to simplify them and
improve the public's understanding of them. Subpart Q of part 390 is
composed entirely of definitions of terms used in other subparts of
parts 390 and 391. When completed, the ongoing rescission and removal
of all other subparts of parts 390 and 391 mean the definitions in
subpart Q will no longer apply to any current regulation, rendering it
unnecessary. Therefore, the proposed rescission and removal of subpart
Q may contribute to minimizing potential misunderstanding of the
subpart by readers and help keep federal regulations current.
II. Background
Title III of the Dodd-Frank Wall Street Reform and Consumer
Protection Act of 2010 (the Dodd-Frank Act or the Act) provided for the
functions, powers, and duties of the Office of Thrift Supervision (OTS)
relating to State savings associations to transfer to the FDIC
effective one year after July 21, 2010, the date that the Dodd-Frank
Act was enacted.\1\ In connection with this transfer, effective July
22, 2011, the FDIC caused to be published in the Federal Register the
transferred OTS regulations related to State savings associations
reissued as parts 390 and 391 of the FDIC's regulations.\2\
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\1\ Section 311 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act, Public Law 111-203, 124 Stat. 1376 (2010)
(codified at 12 U.S.C. 5411). The Act also amended section 3 of the
Federal Deposit Insurance Act (FDI Act) to designate the FDIC as the
``appropriate Federal banking agency'' for State savings
associations.
\2\ 76 FR 47652 (Aug. 5, 2011).
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When the FDIC reissued OTS regulations as parts 390 and 391 of the
FDIC's regulations, it specifically noted that its staff would evaluate
the reissued regulations and may later recommend incorporating them
into other FDIC regulations, amending them, or rescinding them, as
appropriate.\3\ The
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\3\ 76 FR at 47653.
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[[Page 9029]]
FDIC has since rescinded and removed all subparts of part 391.\4\ At
present, the FDIC has rescinded and removed 24 of the 26 subparts of
part 390 and a notice of proposed rulemaking with respect to subpart W
(Securities Offerings), is expected to be considered at the same Board
meeting.\5\ Subpart Q, the subject of this Notice, is the final of the
26 subparts to be considered by the Board for rescission.
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\4\ The list below reflects the relevant Federal Register
citations and effective dates for the rescission and removal of the
subparts of part 391.
Subpart A--Security Procedures, final rule, 83 FR 13839 (Apr. 2,
2018) https://www.govinfo.gov/content/pkg/FR-2018-04-02/pdf/2018-06161.pdf, effective May 2, 2018; Subpart B--Safety and Soundness
Guidelines and Compliance Procedures, final rule, 80 FR 65904 (Oct.
28, 2015) https://www.govinfo.gov/content/pkg/FR-2015-10-28/pdf/2015-27293.pdf, effective November 27, 2015; Subpart C--Fair Credit
Reporting, final rule, 80 FR 65913 (Oct. 28, 2015) https://www.govinfo.gov/content/pkg/FR-2015-10-28/pdf/2015-27291.pdf,
effective November 27, 2015; Subpart D--Loans in Areas Having
Special Flood Hazards, final rule, 79 FR 75742 (Dec. 19, 2014)
https://www.govinfo.gov/content/pkg/FR-2014-12-19/pdf/2014-29761.pdf, effective January 20, 2015; and Subpart E--Acquisitions
of Control of State Savings Associations, final rule, 80 FR 65889
(Oct. 28, 2015) https://www.govinfo.gov/content/pkg/FR-2015-10-28/pdf/2015-27289.pdf, effective January 1, 2016.
\5\ The list below reflects the relevant Federal Register
citations and effective dates for the 24 subparts of part 390 that
have been rescinded and removed. The FDIC is also expected to
propose rescinding and removing Subpart W at the same Board meeting
on January 19, 2021.
Subpart A--Restrictions on Post-Employment Activities of Senior
Examiners, final rule, 79 FR 42181 (July 21, 2014) https://www.govinfo.gov/content/pkg/FR-2014-07-21/pdf/2014-16974.pdf,
effective August 20, 2014; Subpart B--Removals, Suspensions, and
Prohibitions Where a Crime is Charged or Proven, final rule, 80 FR
5009 (Jan. 30 2015) https://www.govinfo.gov/content/pkg/FR-2015-01-30/pdf/2015-01327.pdf, effective March 2, 2015; Subpart C--Rules of
Practice and Procedure in Adjudicatory Proceedings, final rule, 80
FR 5009 (Jan. 30 2015) https://www.govinfo.gov/content/pkg/FR-2015-01-30/pdf/2015-01327.pdf, effective March, 2, 2015; Subpart D--Rules
for Investigations and Formal Examination Proceedings, final rule,
80 FR 5009 (Jan. 30 2015) https://www.govinfo.gov/content/pkg/FR-2015-01-30/pdf/2015-01327.pdf, effective March 2, 2015; Subpart E--
Rules of Practice Before the FDIC, final rule, 80 FR 5009 (Jan. 30
2015) https://www.govinfo.gov/content/pkg/FR-2015-01-30/pdf/2015-01327.pdf, effective March 2, 2015; Subpart F--Application Process
Procedures, final rule approved by the FDIC Board on December 15,
2020, https://www.govinfo.gov/content/pkg/FR-2020-10-15/pdf/2020-21000.pdf; Subpart G--Nondiscrimination Requirements, final rule
approved by the FDIC Board on December 15, 2020, https://www.fdic.gov/news/board/2020/2020-12-15-notice-sum-f-mem.pdf;
Subpart H--Disclosure and Reporting of CRA-Related Agreements, final
rule, 79 FR 42183 (July 21, 2014) https://www.govinfo.gov/content/pkg/FR-2014-07-21/pdf/2014-16973.pdf, effective August 20, 2014;
Correction 80 FR 23692 (Apr. 29, 2015); https://www.govinfo.gov/content/pkg/FR-2015-04-29/pdf/2015-09894.pdf, effective April 29,
2015; Subpart I--Consumer Protection in Sales of Insurance, final
rule, 83 FR 13843 (April 2, 2018) https://www.govinfo.gov/content/pkg/FR-2018-04-02/pdf/2018-06163.pdf, effective May 2, 2018; Subpart
J--Fiduciary Powers of State Savings Associations, final rule, 83 FR
60333 (Nov. 26, 2018) https://www.govinfo.gov/content/pkg/FR-2018-11-26/pdf/2018-25659.pdf, effective January 1, 2019; Subpart K--
Recordkeeping and Confirmation Requirements for Securities
Transactions, final rule, 78 FR 76721 (Dec. 19, 2013) https://www.govinfo.gov/content/pkg/FR-2013-12-19/pdf/2013-29786.pdf,
effective January 24, 2014; Subpart L--Electronic Operations, final
rule, 80 FR 65612 (Oct. 27, 2015) https://www.govinfo.gov/content/pkg/FR-2015-10-27/pdf/2015-27292.pdf, effective November 27, 2015;
Subpart M--Deposits, final rule, 84 FR 65276 (Nov. 27, 2019) https://www.govinfo.gov/content/pkg/FR-2019-11-27/pdf/2019-25697.pdf,
effective December 27, 2019; Subpart N--Possession by Conservators
or Receivers of Federal and State Savings Associations, final rule,
80 FR 5015 (Jan. 30, 2015) https://www.govinfo.gov/content/pkg/FR-2015-01-30/pdf/2015-01326.pdf, effective March 2, 2015; Subpart O--
Subordinate Organizations, final rule approved by the FDIC Board on
December 15, 2020, https://www.fdic.gov/news/board/2020/2020-12-15-notice-sum-g-fr.pdf; Subpart P--Lending and Investment, final rule,
84 FR 31171 (July 1, 2019) https://www.govinfo.gov/content/pkg/FR-2019-07-01/pdf/2019-13449.pdf, effective July 31, 2019; Subpart R--
Regulatory Reporting Standards, final rule, 85 FR 3247 (Jan. 21,
2020) https://www.govinfo.gov/content/pkg/FR-2020-01-21/pdf/2019-27577.pdf, effective February 20, 2020; Subpart S--State Savings
Associations--Operations, final rule, 85 FR 3232 (Jan. 21, 2020)
https://www.govinfo.gov/content/pkg/FR-2020-01-21/pdf/2019-27580.pdf, effective February 20, 2020; Subpart T--Accounting
Requirements, final rule, 85 FR 3250 (Jan. 21, 2020) https://www.govinfo.gov/content/pkg/FR-2020-01-21/pdf/2019-27579.pdf,
effective February 20, 2020; Subpart U--Securities of State Savings
Associations, final rule, 79 FR 63498 (Oct. 24, 2014) https://www.govinfo.gov/content/pkg/FR-2014-10-24/pdf/2014-25336.pdf,
effective November 24, 2014; Subpart V--Management Officials
Interlock, final rule, 80 FR 79250 (Dec. 21. 2015) https://www.govinfo.gov/content/pkg/FR-2015-12-21/pdf/2015-31940.pdf,
effective January 20, 2016; Subpart W--Securities Offerings, Subpart
W is expected to be considered at the January 19, 2021, Board
meeting.; Subpart X--Appraisals, final rule, 80 FR 33658 (June 9,
2015) https://www.govinfo.gov/content/pkg/FR-2015-06-09/pdf/2015-12719.pdf, effective August 10, 2015; Subpart Y--Prompt Corrective
Action, final rule, Sec. Sec. 390.450 through 390.455 rescinded and
removed, 83 FR 17737 (April 24, 2018) https://www.govinfo.gov/content/pkg/FR-2018-04-24/pdf/2018-06881.pdf, effective April 24,
2018; for rescinding and removing the remaining sections of subpart
Y, Sec. Sec. 390.456 through 390.459, a final rule was approved by
the FDIC Board on December 15, 2020, https://www.fdic.gov/news/board/2020/2020-12-15-notice-sum-h-fr.pdf. https://www.fdic.gov/news/board/2020/2020-12-15-notice-sum-h-fr-.pdf; Subpart Z--Capital,
final rule, 83 FR 17737 (Apr. 24, 2018) https://www.govinfo.gov/content/pkg/FR-2018-04-24/pdf/2018-06881.pdf, (effective April 24,
2018).
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III. Proposed Regulation Changes
Part 390, subpart Q, contains definitions of terms used in subparts
390 and 391,\6\ and is derived from definitions contained in 12 CFR
part 561 of the OTS regulations. As noted above, all of part 391 has
been rescinded and removed from the FDIC's regulations. For part 390,
24 of the 26 subparts have been rescinded and removed and the other
remaining subpart, subpart W, is expected to be considered at the
January 2021 Board meeting. Once this other remaining subpart of part
390 is rescinded and removed, no regulations will remain to which the
definitions in subpart Q will apply. For this reason, the FDIC is
proposing to rescind and remove subpart Q, the last of the 26 subparts,
and will coordinate the final rule's effective date with effective
dates for the rescission and removal of the remaining other subparts of
part 390.
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\6\ Subpart Q is derived from part 561 of the OTS regulations.
---------------------------------------------------------------------------
IV. Expected Effects
As of the quarter ending June 30, 2020, the FDIC supervised 3,270
depository institutions, of which 35 (1.1 percent) are State savings
associations.\7\ The proposed rule primarily would affect regulations
that govern State savings associations. Therefore, the FDIC estimates
that the proposed rule will affect 35 FDIC-supervised State savings
associations. As previously discussed, the proposed rule, if adopted,
would rescind and remove part 390, subpart Q. Since the proposed
rescission and removal of subpart Q is being coordinated with the
rescission and removal of the five remaining subparts of part 390, it
will no longer apply to any regulation and will, therefore, be
unnecessary. Based on the forgoing, the proposed rule is not expected
to have any substantive effects on FDIC-supervised State savings
associations.
---------------------------------------------------------------------------
\7\ CALL Report data, June 2020.
---------------------------------------------------------------------------
The proposed rule could have a broad effect on the public by
simplifying the Code of Federal Regulations, and thereby, benefit the
public by promoting ease of understanding and reference. Assessing the
magnitude of this potential effect appears infeasible given the absence
of direct studies demonstrating the potential connection between
outdated federal regulations and compliance outcomes.
The FDIC does not believe that the proposed rule will have direct
substantive effects on financial market activity or the U.S. economy.
The FDIC invites comments on all aspects of this analysis. In
particular, would the proposed rule have any costs or benefits to
covered entities that the FDIC has not identified?
V. Alternatives Considered
The FDIC has considered alternatives to the proposed rule, but
believes the proposed rule represents the most appropriate option for
covered institutions. As discussed previously, the Dodd-Frank Act
transferred to the FDIC certain powers, duties, and functions formerly
performed by the
[[Page 9030]]
OTS. The FDIC's Board reissued and redesignated certain transferred
regulations from the OTS, but noted that it would evaluate and might
later, as appropriate, rescind, amend, or incorporate the regulations
into other FDIC regulations.
The FDIC has evaluated the existing regulations regarding
definitions of terms used in parts 390 and 391. The FDIC considered the
status quo alternative of retaining the current regulations, but
believes it would be unnecessary for FDIC-supervised institutions to
continue to refer to these regulations when they will not apply to
remaining regulations. If subpart Q remained in the Federal Code while
all the subparts to which it applied were rescinded and removed, some
members of the public could incur modest but unnecessary costs
associated with the time and effort to comprehend the meaning of the
presence of subpart Q. Therefore, the FDIC is proposing to rescind and
remove the regulations.
VI. Request for Comments
The FDIC invites comments on all aspects of this proposed
rulemaking. In particular, the FDIC requests comments on what negative
impacts, if any, can you foresee in the FDIC's proposal to rescind and
remove part 390, subpart Q from the Code of Federal Regulation and to
coordinate this action with the effective dates of the rescission and
removal of the other remaining subparts of part 390. Please provide any
other comments you have on the proposal.
VII. Administrative Law Matters
A. The Paperwork Reduction Act
In accordance with the requirements of the Paperwork Reduction Act
of 1995 (PRA),\8\ 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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\8\ 44 U.S.C. 3501-3521.
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The proposed rule would rescind and remove from FDIC regulations
part 390, subpart Q. The proposed 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 notice of proposed rulemaking, an agency prepare and make
available for public comment an initial regulatory flexibility analysis
that describes the impact of the proposed rule on small entities.\9\
However, a regulatory flexibility analysis is not required if the
agency certifies that the proposed 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 proposed 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.\10\ 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.
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\9\ 5 U.S.C. 601, et seq.
\10\ The SBA defines a small banking organization as having $600
million or less in assets, where ``a financial institution'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 FDIC-supervised institution is ``small'' for
the purposes of RFA.
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As of the quarter ending June 30, 2020, the FDIC supervised 3,270
depository institutions,\11\ of which 2,492 were considered small
entities for the purposes of RFA.\12\ There are 33 (1.0 percent of
FDIC-supervised depository institutions) State savings associations
that are small entities for the purposes of RFA.\13\ As discussed
previously, the proposed rule would rescind and remove 12 CFR part 390,
subpart Q, which contains definitions of terms used in parts 390 and
391 of the FDIC's regulations. Because all of part 391 has been
rescinded and removed and all other remaining subparts of part 390 will
be rescinded and removed upon finalization of this proposed rulemaking,
the FDIC does not expect the rescission and removal of the definitions
in subpart Q to significantly affect any small FDIC-supervised State
savings associations.
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\11\ FDIC-supervised institutions are set forth in 12 U.S.C.
1813(q)(2).
\12\ FDIC CALL Report data, June 30, 2020.
\13\ Id.
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Based on the information above, the FDIC certifies that the
proposed rule, if enacted, would not have a significant economic impact
on a substantial number of small entities.
The FDIC invites comments on all aspects of the supporting
information provided in this section, and in particular, whether the
proposed rule would have any significant effects on small entities that
the FDIC has not identified.
C. Plain Language
Section 722 of the Gramm-Leach-Bliley Act \14\ requires the Federal
banking agencies to use plain language in all proposed and final rules
published after January 1, 2000. The FDIC has sought to present the
proposed rule in a simple and straightforward manner. The FDIC invites
comments on whether the proposal is clearly stated and effectively
organized and how the FDIC might make the proposal easier to
understand.
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\14\ Public Law 106-102, section 722, 113 Stat. 1338, 1471
(codified at 12 U.S.C. 4809)).
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D. The Economic Growth and Regulatory Paperwork Reduction Act
Under section 2222 of the Economic Growth and Regulatory Paperwork
Reduction Act of 1996 (EGRPRA), the FDIC is required to review all of
its regulations at least once every 10 years in order to identify any
outdated or otherwise unnecessary regulations imposed on insured
institutions.\15\ 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 the
FDIC will take to address issues that were identified.\16\ As noted in
the EGRPRA Report, the FDIC is continuing to streamline and clarify its
regulations through the OTS rule integration process. By rescinding and
removing outdated or unnecessary regulations such as part 390, subpart
Q, this proposed rule complements other actions that the FDIC has
taken, separately and with the other Federal banking agencies, to
further the EGRPRA mandate.
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\15\ Public Law 104-208, 110 Stat. 3009 (1996).
\16\ 82 FR 15900 (March 31, 2017).
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E. Riegle Community Development and Regulatory Improvement Act of 1994
Pursuant to section 302(a) of the Riegle Community Development and
Regulatory Improvement Act (RCDRIA),\17\ 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
[[Page 9031]]
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.\18\ The FDIC invites comments
that further will inform its consideration of RCDRIA.
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\17\ 12 U.S.C. 4802(a).
\18\ Id.
---------------------------------------------------------------------------
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.
PART 390--REGULATIONS TRANSFERRED FROM THE OFFICE OF THRIFT
SUPERVISION
Authority and Issuance
For the reasons stated in the preamble, the Federal Deposit
Insurance Corporation proposes to amend part 390 of title 12 of the
Code of Federal Regulations as follows:
0
1. The authority citation for part 390 is revised to read as follows:
Authority: 12 U.S.C. 1819.
Subpart Q--[Removed and Reserved]
0
2. Remove and reserve subpart Q, consisting of Sec. Sec. 390.280
through 390.316.
Federal Deposit Insurance Corporation.
By order of the Board of Directors.
Dated at Washington, DC, on January 19, 2021.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2021-01536 Filed 2-10-21; 8:45 am]
BILLING CODE 6714-01-P
