Federal Deposit Insurance Corporation January 30, 2015 – Federal Register Recent Federal Regulation Documents

Transferred OTS Regulations Regarding Fair Credit Reporting and Amendments; Amendment to the “Creditor” Definition in Identity Theft Red Flags Rule; Removal of FDIC Regulations Regarding Fair Credit Reporting Transferred to the Consumer Financial Protection Bureau
Document Number: 2015-01499
Type: Proposed Rule
Date: 2015-01-30
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
In this notice of proposed rulemaking (Proposed Rule), the Federal Deposit Insurance Corporation (FDIC) proposes to make several amendments to its regulations covering ``Fair Credit Reporting.'' First, the FDIC proposes to rescind and remove from the Code of Federal Regulations 12 CFR part 391, subpart C (part 391, subpart C), entitled ``Fair Credit Reporting.'' This subpart was included in the regulations that were transferred to the FDIC from the Office of Thrift Supervision (OTS) in connection with the implementation of applicable provisions of title III of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). The requirements for State savings associations in part 391, subpart C are substantively similar to those in the FDIC's 12 CFR part 334 (part 334), also entitled ``Fair Credit Reporting,'' and is applicable for all insured depository institutions (``IDIs'') for which the FDIC has been designated the appropriate Federal banking agency. The FDIC proposes to modify the scope of 12 CFRs 334.1(b), 334.90(a), and 334.91(a) to include State savings associations and their subsidiaries to conform to the scope of the FDIC's current supervisory responsibilities as the appropriate Federal banking agency. The FDIC also proposes to add new subsections to define ``State savings association'' as having the same meaning as in section 3(b)(3) of the Federal Deposit Insurance Act (FDI Act). Second, the FDIC proposes to amend the definitional portion of its Identity Theft Red Flags regulations to be in conformance with the Red Flag Program Clarification Act of 2010. Third, the FDIC proposes to rescind and remove from the Code of Federal Regulations those portions of the FDIC's ``Fair Credit Reporting'' regulations where the rule writing authority was provided to the Consumer Financial Protection Bureau (``CFPB'') in the Dodd- Frank Act. The FDIC will continue to examine for and enforce violations of these regulations for all IDIs for which the FDIC has been designated the appropriate Federal banking agency. Consistent with this part of the proposal, the FDIC also proposes to make a technical change in one provision in its version of the Interagency Guidelines on Identity Theft Detection, Prevention, and Mitigation.
Notice of Proposed Rulemaking To Revise a Section Relating to the Treatment of Financial Assets Transferred in Connection With a Securitization or Participation
Document Number: 2015-01444
Type: Proposed Rule
Date: 2015-01-30
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
The FDIC is proposing a rulemaking that would revise certain provisions of its securitization safe harbor rule, which relates to the treatment of financial assets transferred in connection with a securitization or participation, in order to clarify the requirements of the Securitization Safe Harbor as to the retention of an economic interest in the credit risk of securitized financial assets upon and following the effective date of the credit risk retention regulations adopted under Section 15G of the Securities Exchange Act.
Removal of Transferred OTS Regulations Regarding Rules of Practice and Procedure and Amendments to FDIC Rules and Regulations
Document Number: 2015-01327
Type: Rule
Date: 2015-01-30
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
The Federal Deposit Insurance Corporation (FDIC) is adopting a final rule to rescind and remove from the Code of Federal Regulations rules transferred to the FDIC following the dissolution of the former Office of Thrift Supervision (OTS) in connection with the implementation of applicable provisions of Title III of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). The rule also makes conforming amendments to FDIC regulations.
Transferred OTS Regulations Regarding Possession by Conservators and Receivers for Federal and State Savings Associations
Document Number: 2015-01326
Type: Rule
Date: 2015-01-30
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
The Federal Deposit Insurance Corporation (FDIC) is rescinding and removing the former OTS regulation entitled ``Possession by Conservators and Receivers for Federal and State Savings Associations'' from the Code of Federal Regulations because it is not necessary. This rule was included in the regulations 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).
Transferred OTS Regulations Regarding Safety and Soundness Guidelines and Compliance Procedures and Amendments
Document Number: 2015-01325
Type: Proposed Rule
Date: 2015-01-30
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
In this notice of proposed rulemaking, the Federal Deposit Insurance Corporation (FDIC) proposes to rescind and remove from the Code of Federal Regulations 12 CFR part 391, subpart B, entitled ``Safety and Soundness Guidelines and Compliance Procedures'' and Appendix A and B to part 391, subpart B and supplement A to appendix B. With few exceptions addressed below, the requirements for state savings associations in part 391, subpart B, are substantively similar to those in the FDIC's 12 CFR part 308, subpart R, and in the FDIC's 12 CFR part 364. Upon the completion of these proposed changes, the ``Standards for Safety and Soundness'' for all insured depository institutions for which the FDIC has been designated the appropriate Federal banking agency will be found at part 364 and the ``Submission and Review of Safety and Soundness Compliance Plans and Issuance of Orders to Correct Safety and Soundness Deficiencies'' for all insured depository institutions for which the FDIC has been designated the appropriate Federal banking agency will be found at part 308, subpart R.
Regulatory Capital Rules, Liquidity Coverage Ratio: Proposed Revisions to the Definition of Qualifying Master Netting Agreement and Related Definitions
Document Number: 2015-01324
Type: Proposed Rule
Date: 2015-01-30
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions
The FDIC invites comment on a notice of proposed rulemaking (NPR or proposed rule) that would amend the definition of ``qualifying master netting agreement'' under the regulatory capital rules, and the liquidity coverage ratio rule. The FDIC also is proposing to amend the definitions of ``collateral agreement,'' ``eligible margin loan,'' and ``repo-style transaction'' under the regulatory capital rules. The amendments are designed to ensure that the regulatory capital and liquidity treatment of certain financial contracts generally would not be affected by implementation of special resolution regimes in foreign jurisdictions if such regimes are substantially similar to Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act and the Federal Deposit Insurance Act in the United States, or by the International Swaps and Derivative Association Resolution Stay Protocol that provide for contractual submission to such regimes. In December 2014, the Office of the Comptroller of the Currency (OCC) and the Board of Governors of the Federal Reserve System (Board) adopted a joint interim final rule that is related to this proposed rule.