Federal Register - February 11, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Proposed Rules
khammond on DSKJM1Z7X2PROD with PROPOSALS
FDIC has since rescinded and removed all subparts of part 391.4 At present, the FDIC has rescinded and removed 24 of the 26 subparts of part 390 and a notice of proposed rulemaking with respect to subpart W Securities Offerings, is expected to be considered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 ASecurity 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 BSafety 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 CFair 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 DLoans 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subparts of part 390 that have been rescinded and removed.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 ARestrictions 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 BRemovals, 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 CRules 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 DRules 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 ERules 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 FApplication 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 GNondiscrimination 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 IConsumer 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 KRecordkeeping and Confirmation Requirements
VerDate Sep<11>2014
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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 FDICs 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 LElectronic 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 MDeposits, 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 NPossession 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 OSubordinate 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 PLending 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 RRegulatory 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 SState 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 TAccounting 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 USecurities 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 WSecurities Offerings, Subpart W is expected to be considered at the January 19, 2021, Board meeting.; Subpart XAppraisals, 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 YPrompt 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 ZCapital, 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 rules 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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