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Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Rules and Regulations
discussed above, the OCC has determined that publication of a general notice of proposed rulemaking is not in the public interest.
G. Use of Plain Language Section 722 of the Gramm-LeachBliley Act 28 requires the Federal banking agencies to use plain language in all proposed and final rules published after January 1, 2000. In light of this requirement, the agencies have sought to present the interim final rule in a simple and straightforward manner and invite comment on the use of plain language. For example:
Is the material organized to suit your needs? If not, how could the agencies present the interim final rule more clearly?
Are the requirements in the interim final rule clearly stated? If not, how could the interim final rule be more clearly stated?
Does the interim final rule contain technical language or jargon that is not clear? If so, which language requires clarification?
Would a different format grouping and order of sections, use of headings, paragraphing make the interim final rule easier to understand? If so, what changes would achieve that?
Is this section format adequate? If not, which of the sections should be changed and how?
What other changes can the agencies incorporate to make the interim final rule easier to understand?
List of Subjects 12 CFR Part 3
Administrative practice and procedure, Capital, National banks, Risk.
12 CFR Part 5
Administrative practice and procedure, Federal savings associations, National banks, Reporting and recordkeeping requirements, Securities.
12 CFR Part 217
Administrative practice and procedure, Banks, Banking, Capital, Federal Reserve System, Holding companies.

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12 CFR Part 324
Administrative practice and procedure, Banks, Banking, Confidential business information, Investments, Reporting and recordkeeping requirements, Savings associations.
28 Public Law 106102, 113 Stat. 1338, 1471, 12
U.S.C. 4809.

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Department of the Treasury Office of the Comptroller of the Currency Authority and Issuance For the reasons stated in the joint preamble, the Office of the Comptroller of the Currency amends chapter I of Title 12 of the Code of Federal Regulations as follows:
PART 3CAPITAL ADEQUACY
STANDARDS
1. The authority citation for part 3
continues to read as follows:

Authority: 12 U.S.C. 93a, 161, 1462, 1462a, 1463, 1464, 1818, 1828n, 1828 note, 1831n note, 1835, 3907, 3909, 5412b2B, and Pub. L. 116136, 134 Stat. 281.

2. Section 3.20 is amended by:
a. Redesignating footnotes 11 through 15 as footnotes 1 through 5, footnote 16
as footnote 7, and footnotes 17 through 20 as footnotes 8 through 11, respectively;
b. Redesignating paragraph c3 as paragraph c3i;
c. Adding paragraph c3ii;
d. Redesignating paragraph d4 as paragraph d4i; and e. Adding paragraph d4ii.
The additions and revisions read as follows:

3.20 Capital components and eligibility criteria for regulatory capital instruments.

c
3
ii Any preferred stock instruments issued under the U.S. Department of the Treasurys Emergency Capital Investment Program pursuant to section 104A of the Community Development Banking and Financial Institutions Act of 1994, added by the Consolidated Appropriations Act, 2021.6

d
4
ii Any debt instruments issued under the U.S. Department of the Treasurys Emergency Capital Investment Program pursuant to section 104A of the Community Development Banking and Financial Institutions Act of 1994, added by the Consolidated Appropriations Act, 2021.12

PART 5RULES, POLICIES, AND
PROCEDURES FOR CORPORATE
ACTIVITIES
3. The authority citation for part 5
continues to read as follows:

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4. Section 5.47 is amended by adding paragraph j:

5.47 Subordinated debt issued by a national bank.

j Subordinated debt issued under the Emergency Capital Investment Program.
A provision or covenant included in a subordinated debt document does not unduly restrict or otherwise act to unduly limit the authority of a national bank or interfere with the OCCs supervision of the national bank, for purposes of paragraph d2 of this section, if the provision or covenant is included pursuant to requirements imposed by the U.S. Department of the Treasury and the subordinated debt is issued under the U.S. Department of the Treasurys Emergency Capital Investment Program pursuant to section 104A of the Community Development Banking and Financial Institutions Act of 1994, added by the Consolidated Appropriations Act, 2021.
Board of Governors of the Federal Reserve System 12 CFR Chapter II
Authority and Issuance For the reasons stated in the preamble, the Board of Governors of the Federal Reserve System amends 12 CFR
chapter II as follows:
PART 217CAPITAL ADEQUACY OF
BANK HOLDING COMPANIES, SAVINGS AND LOAN HOLDING
COMPANIES, AND STATE MEMBER
BANKS REGULATION Q
5. The authority citation for part 217
continues to read as follows:

Authority: 12 U.S.C. 248a, 321338a, 481486, 1462a, 1467a, 1818, 1828, 1831n, 1831o, 1831p1, 1831w, 1835, 1844b, 1851, 3904, 39063909, 4808, 5365, 5368, 5371, 5371 note, and sec. 4012, Pub. L. 116136, 134 Stat. 281.

6. Section 217.20 is amended by:
a. Redesignating paragraph c3 as paragraph c3i;
b. Adding paragraph c3ii;
c. Redesignating paragraph d4 as paragraph d4i; and d. Adding paragraph d4ii.
The additions and revisions read as follows:

217.20 Capital components and eligibility criteria for regulatory capital instruments.

Law 116260.
Law 116260.

12 Public
PO 00000

Authority: 12 U.S.C. 1 et seq., 24a, 35, 93a, 214a, 215, 215a, 215a1, 215a2, 215a3, 215c, 371d, 481, 1462a, 1463, 1464, 1817j, 1831i, 1831u, 2901 et seq., 3101 et seq., 3907, and 5412b2B.

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