Consultation · FRB · 6 Feb 2024 · 2024-02016
The OCC, Board of Governors of the Federal Reserve System, and FDIC are conducting a regulatory review under the Economic Growth and Regulatory Paperwork Reduction Act of 1996 to identify outdated or unnecessary requirements for insured depository institutions. This notice initiates the first phase of a multi-year process by requesting public comments on regulations within the categories of Applications and Reporting, Powers and Activities, and International Operations. Written comments must be submitted by May 6, 2024, to assist the agencies in determining whether to amend or repeal specific rules to reduce regulatory burden while maintaining safety and soundness.
DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency 12 CFR Chapter I [Docket ID OCC–2023–0016] FEDERAL RESERVE SYSTEM 12 CFR Chapter II [Docket No. OP–1828] FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Chapter III RIN 3064–ZA39 Regulatory Publication and Review Under the Economic Growth and Regulatory Paperwork Reduction Act of 1996 AGENCY: Office of the Comptroller of the Currency (OCC), Treasury; Board of Governors of the Federal Reserve System (Board); Federal Deposit Insurance Corporation (FDIC). ACTION: Notice of regulatory review; request for comments. SUMMARY: Pursuant to the Economic Growth and Regulatory Paperwork Reduction Act of 1996 (EGRPRA), the OCC, Board, and FDIC (collectively, the agencies) are reviewing agency regulations to identify outdated or otherwise unnecessary regulatory requirements on insured depository institutions and their holding companies. The agencies divided their regulations into 12 categories outlined in the included chart. Over the next two years, the agencies will publish four Federal Register documents requesting comment on multiple categories. This first Federal Register document requests comment on regulations concerning the following three categories: Applications and Reporting, Powers and Activities, and International Operations. DATES: Written comments must be received no later than May 6, 2024. ADDRESSES: Comments should be directed to: OCC: Commenters are encouraged to submit comments through the Federal eRulemaking Portal. Please use the title ‘‘Regulatory Publication and Review Under the Economic Growth and Regulatory Paperwork Reduction Act of 1996’’ to facilitate the organization and distribution of the comments. You may submit comments by any of the following methods:
1 12 U.S.C. 3311.
2The FFIEC is an interagency body empowered to prescribe uniform principles, standards, and report forms for the Federal examination of financial institutions and to make recommendations to promote uniformity in the supervision of financial institutions. The FFIEC does not issue regulations that impose burden on financial institutions and, therefore, we have not separately captioned the FFIEC in this notice. 3The FFIEC is comprised of the OCC, Board, FDIC, National Credit Union Administration (NCUA), Consumer Financial Protection Bureau (CFPB), and State Liaison Committee. Of these, only the OCC, Board, and FDIC are statutorily required to undertake the EGRPRA review. The NCUA elected to participate in the first and second EGRPRA reviews, and the NCUA Board again has elected to participate in this review process. Consistent with its approach during the first and second EGRPRA reviews, NCUA will separately issue notices and requests for comment on its rules. The CFPB is required to review its significant rules and publish a report of its review no later than five years after they take effect. See 12 U.S.C. 5512(d). This process is separate from the EGRPRA process. 4 Insured depository institutions are also subject to regulations that are not reviewed under the EGRPRA process because they were not prescribed by the agencies. Examples include rules for which rulemaking authority was transferred to the CFPB and anti-money laundering regulations issued by the Department of the Treasury’s Financial Crimes Enforcement Network, among others. If, during the EGRPRA process, the agencies receive a comment about a regulation that is not subject to the EGRPRA review, we will forward that comment to the appropriate agency. 5See supra note 1. Room M–4365A, 2001 C Street NW, Washington, DC 20551, between 9:00 a.m. and 5:00 p.m. during Federal business weekdays. For security reasons, the Board requires that visitors make an appointment to inspect comments by calling (202) 452–3684. Upon arrival, visitors will be required to present valid government-issued photo identification and to submit to security screening in order to inspect and photocopy comments. For users of TTY–TRS, please call 711 from any telephone, anywhere in the United States. FDIC: The FDIC encourages interested parties to submit written comments. Please include your name, affiliation, address, email address, and telephone number(s) in your comment. You may submit comments to the FDIC, identified by ‘‘EGRPRA’’ in the subject line of your message by any of the following methods:
6 44 U.S.C. 3501–3521.
7 5 U.S.C. 610.
8 5 U.S.C. 551–559.
9Consistent with EGRPRA’s focus on reducing burden on insured depository institutions, the agencies have not included their internal, organizational, or operational regulations in this review. These regulations impose minimal, if any, burden on insured depository institutions. 10The agencies are seeking comment only on consumer protection regulations for which they retain rulemaking authority for insured depository institutions and holding companies under the Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111–203, 124 Stat. 1376 (2010) (Dodd-Frank Act). conducted and may warrant revision or elimination. The EGRPRA review also provides the agencies and the public with an opportunity to consider how to reduce the impact on community banks or their holding companies. The agencies are aware of the role that these institutions play in providing consumers and businesses across the nation with essential financial services and access to credit. The agencies are especially concerned about the impact of requirements on these smaller institutions. The agencies understand that when a new regulation is issued or a current regulation amended, smaller institutions may have to devote a significant amount of their resources to determine if and how the regulation will affect them. Through the public comment process, the EGRPRA review can help the agencies identify and target regulatory changes to reduce impacts on these smaller institutions. Burden reduction must be compatible with consumer protection, the safety and soundness of insured depository institutions, their affiliates, and the financial system as a whole. Burden reduction also must be consistent with the agencies’ statutory mandates, many of which require the issuance of regulations. EGRPRA recognizes that effective burden reduction may require statutory changes. Accordingly, as part of this review, we specifically ask the public to comment on the relationship among burden reduction, regulatory requirements, policy objectives, and statutory mandates. We also seek quantitative data about the impact of rules, where available. We note that the agencies must consider regulatory burden each time an agency proposes, adopts, or amends a rule. For example, under the Paperwork Reduction Act of 1995 6 and the Regulatory Flexibility Act,7 the agencies assess each rulemaking with respect to the burdens the rule might impose. The agencies also invite the public to comment on proposed rules as required by the Administrative Procedure Act.8
III. The EGRPRA Review Process
Taken together for purposes of EGRPRA, the agencies’ regulations covering insured depository institutions encompass more than 100 subjects.9 Consistent with the EGRPRA statute and past practice, the agencies have grouped these regulations into the following 12 categories listed in alphabetical order:
Applications and Reporting; Banking Operations; Capital; Community Reinvestment Act; Consumer Protection; 10 Directors, Officers and Employees; International Operations; Money Laundering; Powers and Activities; Rules of Procedure; Safety and Soundness; and Securities. These categories were used during the prior EGRPRA reviews. The agencies determined the categories by sorting the regulations by type and sought to have no category be too large or broad. These categories remain useful for the review, and the agencies have not modified the categories for purposes of this review. Over the next two years, the agencies plan to publish four Federal Register notices, each addressing one or more categories of rules. Each Federal Register notice will have a 90-day comment period. Today, the agencies are publishing the first of the four notices, addressing the following categories of regulations: Applications and Reporting; Powers and Activities; and International Operations. The agencies invite the public to identify outdated, unnecessary, or unduly burdensome regulatory requirements imposed on insured depository institutions and their holding companies in these three categories. To assist the public’s understanding of how the agencies have organized the EGRPRA review, the agencies have prepared a chart that lists the categories of regulations with the three categories of regulations addressed in this Federal Register notice appearing as the first three categories in the chart. The chart’s left column divides the categories into specific subject-matter areas. The headings at the top of the chart identify the types of institutions affected by the regulations. The agencies will review the comments received and determine whether further action is appropriate with respect to the regulations. The agencies will consult and coordinate with each other and expect to generally make this determination jointly, as appropriate, in the case of rules that have been issued on an interagency basis. Similarly, as appropriate, the agencies will undertake any rulemaking to amend or repeal those rules on an interagency basis. For rules issued by a single agency, the issuing agency will review the comments received and independently determine whether amendments to or repeal of its rules are appropriate.
IV. Request for Comments on the First
Three Categories of Regulations:
Applications and Reporting, Powers and Activities, and International Operations The agencies are requesting comment on regulations in three specific categories to identify outdated, unnecessary, or unduly burdensome requirements imposed on insured depository institutions and their holding companies. The agencies will solicit comment on all rules finalized by the agencies before the publication of the last EGRPRA notice in the series. In addition to comments on regulations in the first three categories generally, the agencies are requesting comments on certain specific regulations described below within the first three categories issued since the last EGRPRA review. Where possible, the agencies ask commenters to cite to specific regulatory language or provisions. The agencies also welcome suggested alternative provisions or language in support of a comment, where appropriate. The agencies will consider comments submitted anonymously. Specific Issues for Commenters To Consider The agencies specifically invite comment on the following issues as they pertain to the agencies’ Applications and Reporting, Powers and Activities, and International Operations rules addressed in this notice. We will ask these same questions for each notice we issue in connection with the EGRPRA process.
11See Economic Growth, Regulatory Relief, and Consumer Protection Act, Public Law 115–174, 132 Stat. 1296 (2018). 12 84 FR 29050 (Jun. 21, 2019). 13 80 FR 74839 (Nov. 30, 2015); 83 FR 50805 (Oct. 10, 2018); 84 FR 9940 (Mar. 19, 2019); 85 FR 39464 (Jul. 1, 2020); 85 FR 39754 (Aug. 31, 2020). 14 12 U.S.C. 1851. 15See EGRRCPA sections 203, 204. These provisions were effective upon EGRRCPA’s enactment. 16 86 FR 66424 (Nov. 23, 2021). Æ Question 3: With respect to the regulations in these categories, could an agency use a different regulatory approach to lessen the burden imposed by the regulations and achieve statutory intent? Æ Question 3: Do any of these rules impose unnecessarily inflexible requirements? If so, please identify the regulations and indicate how they should be amended.
17 85 FR 80404 (Dec. 11, 2020). The OCC initially integrated its licensing rules for national banks and Federal savings associations in 2015. 80 FR 28345 (May 18, 2015). 18 85 FR 83686 (Dec. 22, 2020). 19 12 U.S.C. 1464a. 20 84 FR 23991 (May 24, 2019). 21 86 FR 7927 (Feb. 3, 2021). 22Final rulemakings include: 78 FR 76721 (Dec. 19, 2013); 79 FR 42182 (Jul. 21, 2014); 79 FR 42183 (Jul. 21, 2014); 79 FR 63498 (Oct. 24, 2014); 80 FR 5009 (Jan. 30, 2015); 80 FR 5015 (Jan. 30, 2015); 80 FR 65612 (Oct. 27, 2015); 80 FR 65903 (Oct. 28, 2015); 80 FR 65913 (Oct. 28, 2015); 80 FR 79250 (Dec. 21, 2015); 83 FR 13839 (Apr. 2, 2018); 83 FR 13843 (Apr. 2, 2018); 83 FR 60333 (Nov. 26, 2018); 84 FR 31171 (Jul. 1, 2019); 84 FR 65276 (Nov. 27, 2019); 85 FR 3232 (Jan. 21, 2020); 85 FR 3247 (Jan. 21, 2020); 85 FR 3250 (Jan. 21, 2020); 86 FR 8082 (Feb. 3, 2021); 86 FR 8089 (Feb. 3, 2021); 86 FR 8098 (Feb. 3, 2021). 23 12 U.S.C. 1829. 24On December 23, 2022, the President signed into law the Fair Hiring in Banking Act (FHBA), which significantly revised Section 19 and was effective immediately. The FHBA appears at
Section 5705 of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023, Pub. L. 117–263, 136 Stat. 2395, 3411 (2022). The FDIC is working on a proposal to amend its Section 19 regulations under 12 CFR parts 303 and 308 to conform with the FHBA. 25Section 610 of the Regulatory Flexibility Act, 5 U.S.C. 610, imposes a continuing obligation on the agencies to review regulations that may have a significant economic impact upon a substantial number of small entities, within 10 years after a final rulemaking is published. A subset of the rules the agencies will review under EGRPRA will also be reviewed under the Section 610 review criteria. The agencies will indicate which rules are subject to Section 610 review. The factors the agencies consider in evaluating a rule under 5 U.S.C. 610 are (1) the continued need for the rule; (2) the nature of complaints or comments received concerning the rule from the public; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates or conflicts with other Federal rules, and, to the extent feasible, with State and local governmental rules; and (5) the length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. Associations and National Banks. In December 2020, to the extent appropriate and consistent with statutory charter differences, the OCC integrated its Applications and Reporting rules (the majority of which are included in the OCC’s licensing rules contained in 12 CFR part 5) for national banks and Federal savings associations.17 Similarly, in December 2020, to the extent appropriate and consistent with statutory charter differences, the OCC integrated its Powers and Activities rules (which are contained in 12 CFR part 7) for national banks and Federal savings association.18
26The review will be consistent with the requirements of a Regulatory Flexibility Act,
Section 610 review. The [agencies] will determine
whether particular rules should be continued without change, amended, or rescinded, consistent with the objectives of applicable statutes, to minimize any significant economic impact of the rules on a substantial number of small, insured depository institutions. technology, economic conditions, or other factors have changed in the area affected by the rule. The purpose of the review will be to determine whether such rules should be continued without change, or should be amended or rescinded, consistent with the stated objectives of applicable statutes, to minimize any significant economic impact of the rules upon a substantial number of such small entities. The agencies have not identified any rules pertaining to Applications and Reporting, Powers and Activities, and International Operations that would have a significant impact on a substantial number of small entities. The agencies will consider public comments submitted through the EGRPRA review process and agency experience to identify regulations where the agencies can reduce burdens that have a significant impact on a substantial number of small, insured depository institutions.26 BILLING CODE 4810–33–; 6210–01–; 6714–01–P
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(processing and notice) 12 CFR Part 225 SubpartB IReg. YI Change in Bank Control 112 CFR5.50 I 12 CFR Part 225, 12 CFR Part 303, 12 CFR5.50 12 CFRPart 12 CFR Part 225, SubpartE SubpartE 303,Subpart Subpart E [Reg. Y] [Reg. Y] E 12 CFR Part 308, 12 CFRPart238, Subparts D and E Subpart D [Reg LLl Notice of Addition or Change 112 CFR 5.51 1 12 CFR Part 225, 12 CFR Part 303, 12 CFR5.51 12 CFRPart 12 CFR Part 225, of Directors SubpartH SubpartF 303, Subpart. Subpart. H [Reg. Y] [Reg. Y] F 12 CFR Part 238, Subpart H [Reg LL Reduced Reporting for 12 CFR Part 52 12 CFR Part 208, 12 CFR Part 304, 12 CFR Part 52 12 CFRPart Covered Depository Subpart K [Reg. H] SubpartB 304,Subpart Institutions B Computer-Security Incident 12 CFR Part. 53 12 CFR Part 225, 12 CFR Part. 304, 12 CFR Part. 53 12 CFR Part. 12 CFR Part 225, Notification Requirements Subpart N [Reg. YI Subpart C 304,Subpart Subpart N [Reg. YI C 12 CFRPart5 Savings Association Rules, Policies, and Procedures for Co orate Activities Federal Savings Association 12 CFR Part 192 12 CFRPart Mutual to Stock Conversions 192 (Conversions from Mutual to Stock Fann Federal Savings Association I 12 CFR 145.92 I Offices
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Federal Savings Association Accounting and Disclosure Standards Concentration Limits Holding Companies - Formations, Acquisitions and Nonbanking Activities State Member Banks llJoardJ 12CFR [Reg.XX) >tF.IUCRr 12 CFR Part 208 [Reg. H], Subparts A, B, C,G 12 CFR Part 209 [Reg. I] 12 CFR Part 262.3 Reg. XX 12 CFR Part 225 [Reg. Y], Subparts A, B, C,D, I, Appx. C 12 CFR Part 262.3 12 CFR Part 23 8 [Reg. LL] Subparts A, B, C, E,F 12 CFR Part 239 [Reg.MM] 12 CFR Part 262.3
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Call Reports and Other Forms, Instructions and Reports Deposit Insurance Filing Procedures Extension of Corporate Powers Filing Procedures and Delegations of Authority Industrial Banks and Proprietary Trading and Relationships with Covered Funds Retail Foreign Exchange Transactions National Bank and Federal Savings Association Powers National Bank Electronic Activities National Bank Connnunity Development Corporations, Community Development 1 12 CFRPart304 (excluding 304.3(d)) 1 12 CFR Part 304 (excluding 304.3(d)) I I 1 12 CFR Part 303, Subpart 112 CFR Part 303, B SubpartB 12 CFR Part 48 12 CFRPart 7, Subpart A 12 CFRPart 7, SubpartE 12 CFR Part 24 12 CFR Part 240 fReg. NN] 112 CFR Part 304 12 CFR Part 303, SubpartB 12 CFRPart 333 12 CFR Part 303 12 CFR Part. 354 12 CFR Part 349 1 12 CFR Part 304 (excluding 304.3(d)) 12 CFR Part 303, SubpartB 12 CFR Part 48 12 CFR Part 7, Subpart A 1 12 CFRPart 304 12 CFRPart 303,Subpart B 12 CFRPart 333 12 CFRPart 303 12 CFRPart 349 12 CFR Part 240 fReg.NNj
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Projects, and Other Public Welfare Investments National Bank Debt Cancellation Contracts and Debt Suspension Agreements 12 CFR Part 37 National Bank Fiduciary I 12 CFR Part 9 Activities Investment in National Bank I 12 CFR 5.37 or Federal Savings Association Premises National Bank Investment I 12 CFR Part 1 Securities National Bank Leasing I 12 CFR Part 23 National Bank Real Estate 112 CFR Part 34, Subparts Lending A and B National Bank Sales of Credit I 12 CFR Part 2 Life Insurance Federal Savings Association General Federal Savings Association Deposits Federal Savings Association Electronic Operations 12 CFRPart 1 12 CFR5.37 12 CFRPart 145; See also: 12 CFR Parts 143, 144, (Federal Mutual Savings Associations) 12 CFR Parts 157, 161 (definitions) 12 CFR Part 155
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Federal Savings Association Fiduciary Powers Federal Savings Association Lending and Investment Preemption of Stale Due-On- I 12 CFR Part 191 Sale Laws (Implementation of Garn-St Germain) Preemption of State Usury I 12 CFR Part 190 Laws (Implementation of DIDMCA) Federal Savings Association Subordinate Organizations Retail Foreign Exchange Transactions Preemption Generallv Covered Savings Associations Bank Holding Companies, Financial Holding Companies, Savings and Loan Holding Companies (General provisions not included elsewhere in this list) 12 CFR Part 48 12 CFRPart 7, SubpartD ')fgahf ... 12 CFR Part 150 12 CFR Part 160 12 CFR Part 191 12 CFRPart 191 12CFRPart 191 12 CFR Part 190 12 CFR Part 190 12 CFR Part 190 12 CFR 5.38 and 5.59 12 CFR Part 48 12 CFR 7.4010 12CFRPart 101 12 CFRPart 191 12 CFR Part 190 12 CFRPart225, Subparts A, F, J [Reg. Y] 12 CFR Part 23 8, Subparts A, G, K, I [Reg LL] 12 CFRP, 9
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Activities and Operations Community Development; Public Welfare Investments; Investment in Bank Premises; Inveslmenl Securities Fiduciary Aclivilies Leasing of Real Property Personal Property Real Estate Lending Sales of Insurance Activities of Insured State Banks Activities of Insured State Savings Associations Request~ for Participation in the Affairs of an Insured Depository Institution by Convicted Individuals (Section 19 of the FDI Act) 12 CFR Part 301, Subpart L; 12 CFR Part 308, Subpart M 12 CFR Part 208, 208.37, Subparts A, G [Reg H] 12 CFR Part 209 12 CFR Part 208, Subpart B LReg HJ 12 CFRPart 225.28(b)(5 12 CFRPart 225.28(b)(3) [Reg. Y] 12 CFR Part 208, Subpart E [Reg H] 12 CFR Part 208, Subpart H [Reg H] 12 CFR Part 362, Subpart A; 12 CFR Part 303, SubpartG 12 CFR Part 303, SubpartL; 12 CFR Part 308, SubpartM 12 CFR Part 362, Subparts A, B, and E; 12 CFRPart 303, SubpartG 12 CFR Part 303, SubpartL; 12 CFRPart 308, SubpartM 12 CFR Part 303, SubpartL; 12 CFR Part 308, SubpartM 12 CFRPart 362,Subparts C andD; 12 CFRPart 303,Subpart H 12 CFR Part 303,Subpart L; 12 CFRPart 308,Subpart M 12 CFR Part 225, Subpart G [Reg. Y]
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International Lending
Supervision
Margin and Capital
Requirements for Covered Swap Entities ;int" 12 CFR Part 28, Subpart C 12 CFR Part 45 Expanded Examination Cycle I 12 CFR Part 4, Subpart A for Certain Small Insured Depository Institutions and U.S. Branches and Agencies of Foreign Banks Foreign Operations of National Banks International Operations of U.S. Bankmg Organizations Edge and Agreement Corporations Foreign Banking Organizations Interstate Banking Operations Nonbanking Activities U.S. Offices Export Trading Companies; International Lending Supervision Foreign Banking Organizations:
Stress Tests, Risk
Committee,
12 CFR Part 211, Subpart A LReg. KJ 12 CFRPart211.5-7 [Reg. K] 12 CFR Part 211, Subpart D [Reg. K] 12 CFR Part 347, Subpart C 12 CFR Part 237 [Reg. I 12 CFR 349 KK] 12 CFRPart211, Subpart B [Reg. K] 12 CFR Part 211, Subpart A LReg. KJ 12 CFRPart 211.5-7 [Reg. K] 12 CFR 347, Subpart B 12 CFRPart45 12 CFR Part 4, Subpart A 12 CFR349 12 CFR347, SubpartB 12 CFRPart211, SubpartD [Reg. K] 12 CFR Part 237 [Reg. KK] 12 CFR Part 237 eg.KK 12 CFR Part 211 [Reg. K] 12 CFR Part 211 Subpart A LReg. Kl 12 CFRPart211.5- 7 [Reg.K] 12 CFR Part 211 Subpart B [Reg. K] 12 CFR Part 211, Subparts C, D [Reg. K] 12 CFR Part 252 Subparts r • [Reg. yy
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Foreign Banking and
Investment by Insured State Nonmember Banks Assessment of Pees National Bank and Federal Savings Associations Operations Savings Association Operations Definitions for Regulations Affecting Federal Savings Associations Definitions for Regulations Affecting All Savings Associations 12 CFRPart 8 12 CFR Part 7, SubpartC
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Availability of Funds and 12 CPR Part 229 12 CPR Part 229 12 CPR Part 229 12 CPR Part 229 12 CPR Part 229 Collection of Checks [Reg. CC] [Reg. CC] [Reg. CC] [Reg. CC] [Reg. CC] Collection of Checks and 12 CFRPart210 12 CPR Part 210 12 CPR Part 210 12 CPR Part 210 12 CPR Part 210 Other Items by Federal LReg. JJ LReg. JJ LReg. JJ LReg. JJ LReg. JJ ReseJVe Banks and Funds Transfers Throu h Fedwire Debit Card Interchange Fees 12 CPR Part 235 12 CPR Part 235 12 CPR Part 235 12 CPR Part 235 12 CPR Part 235 e .I e . II e .I e. e . I Reimbursement for Providing 12 CFR Part.219 12 CFR Part. 219 12CFRPart.219 12CFRPart.219 12 CFR Part.219 Financial Records; [Reg. SJ [Reg. SJ [Reg. SJ [Reg. SJ [Reg. SJ Recordkeeping Requirements for Certain Financial Records Reserve Requirements of 12 CPR Part 204 12 CPR Part 204 12 CPR Part 204 12 CPR Part 204 12 CPR Part 204 Depository Institutions [Reg. DJ [Reg. DJ [Reg.DJ [Reg.DJ [Reg. DJ The Payment System Risk Federal Reserve Federal Reserve Federal Reserve Federal Reserve Federal Reserve Reduction Policy Regulatory Service Regulatory Service Regulatory Service Regulatory Service Regulatory 9-1000 Service 9-1000 Assessments 12 CPR Part 327 12 CPR Part 327 12 CPR Part 327 Capital Adequacy: 12 CPR Part 3, 12 CPR Part 217, 12 CPR Part 324, 12 CPR Part 3, 12 CPR Part 324, 12 CPR Part 217, General Provisions Subparts A-C, G Subparts A-C, G Subparts A-C, G Subparts A-C, G Subparts A--C, G Subparts A-C, G, Ratio Requirements and [Reg. QJ andH Buffers Definition of Capital [Reg. QJ Transition Provisions --- 12 CPR Part 217, Subparts A-C, G el?. Capital Adequacy: 12 CPR Part 3, 12 CPR Part 217, 12 CPR Part 324, 12 CPR Part 3, 12 CPR Part 324, 112 CPR Part 217, Risk-Weighted Assets- SubpartD Subpart D LReg. QJ SubpartD SubpartD Subpart D Subpart D LReg. QJ Standardi7ed Approach 12 CPRPn..,. ,.,17, Subpart I
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Capital Adequacy:
Risk-Weighted AssetsInternal Ratings-Based and Advanced Measurement Approaches Capital Adequacy:
Risk-Weighted AssetsMarket Risk Prompt Corrective Action 12 CFRPart3, SubpartF 12 CFRPart6 Capital Adequacy: 112 CFR Part 3, Subparts Establislunent of Minimum H-K Capital Ratios for an Individual Bank or Individual Federal Savings Association Enforcement Issuance of a Directive Interpretations Ammal Stress Tests I 12 CFR Part 46 Changes in Permanent Capital I 12 CFR 5.46-.47 of a National Bank or Federal Savings Association; Subordinated Debt Issued by a National Bank or Federal Savings Association 12 CFRPart217, Subpart F [Reg. Q] 12 CFR Part 208, Subpart D [Reg. H]; 12 CFR Part 263, SubpartH 12 CFR Part 324, SubpartF 12 CFR Part 324, SubpartH 12 CFR Part 3, SubpartF 12 CFR Part 6; 12 CFR 165.8; 12 CFR 165.9 12 CFR Part 3, Subparts H-K 12 CFR Part 46 12 CFR 5.45, 5.56 12 CFR Part 324, SubpartF 12 CFR Part 324, SubpartH 12CFRP:
SubpartE
12CFRP:
SubpartF
12 CFRPart217,
Subpart F [Reg.
12 CFR Part 208,
SubpartD
[Reg. H]
12 CFR Part 263,
SubpartH
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Capital Planning
Stress TestsU.S. Organizations Company Run and Supervisory Total Loss-Absorbing Capacity, Long Tenn Debt, and Clean Holding Company Requirements Disclosure and Reporting of CRA-Rclatcd Agreements of Insurance 12 CFR Part 35 12 CFR Part 252, Subparts B, E, and F LReg. YYJ 12 CFR Part 207 [Reg. G] 12 CFR Part 346 12 CFR Part 35 1 Community development regulations are being published for comment as part of the Powers and Activities category. 12 CFR Part 225.8 [Reg. YI 12 CFR Part 252, Subparts B, E, and F [Reg. YY] 12 CFR Part 238, Subparts O and P eg.LL 12 CFR Part 252, Subpart G and P [Reg. YY] Part228 :B 12 CFR Part 346 I 12 CFR Part 207 ] 2 Regulations for which rulemaking authority has transferred to the CFPB are not included in this Consumer Protection category. As described in the Supplementary Information section of this notice, the CFPB is required to review its significant rules and publish a report of its review no later than five years after they take effect, in a process separate from the EGRPRA process.
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Fair Housing I 12 CFR Part 27 I I 12 CFR Part 338 I 12 CFR Part 128 I 12 CFR Part 338 (including other nondiscrimination reauirements Loans in Identified Flood 12 CFR Part 22 12 CFR Part 208.25 I 12 CFR Part 339 I 12 CFR Part 22 I 12 CFR Part 339 Hazard Areas [Reg. HJ I Prohibition Against Use of 12 CFR Part 25, 12 CFR Part 208. 7 I 12 CFR Part 369 Interstate Branches Primarily SubpartE [Reg. HJ for Deposit Production Infonnation Security 12 CFR Part 30, Appx. B 12 CFR Part 208, 12 CFR Part 364, 12 CFR Part 30, 12 CFR Part 364, 12 CFR Part 225, Standards Appx. D-2 [Reg. Hl Appx.B Appx. F [Reg. Yl Fair Credit Reporting Act 12 CPR Part 41, 12 CFR Part 222, 12 CFR Part 334, 12 CFR Part 41, 12 CFR Part 334, Duties of Users of Consumer Subpart I Subpart I [Reg V] Subpart I Subpart I Subpart I Reports Regarding Address Discrepancies and Records Disposal Fair Credit Reporting Act 12 CPR Part 41, 12 CFR Part 222 12 CFR Part 334, 12 CFR Part 41, 12 CFR Part 334, Consumer Information SubpartJ Subpart J [Reg V] SubpartJ Federal Savings Association 12 CFR 163.27 Advertising Federal Savings Association I 12 CFR 163.36 Tying Restriction Exception Residential Mortgage Lending 12 CFR Part 30, Appx. C Practices Advertisement of Membership 12 CFR Part 328 12 CFR Part 328 12 CFR Part 328 12 CFR Part 328 12 CFR Part 328 Deposit Insurance Coverage 12 CFR Part 330 12 CFR Part 330 12 CFR Part 330 12 CFR Part 330 12 CFR Part 330
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Certification of Assumption of I 12 CFR Part 307 Deposits and Notification of Changes of Insured Status Federal Interest Rate Authori Limits on Extensions of Credit 112 CFR Part 31 to Executive Officers, Directors and Principal Shareholders; Related Disclosure Requirements Management Official Interlocks National Bank Activities and Operations Federal Savings Association Operations Federal Savings Association Restrictions on Transactions with Officers, Directors, and Others 12 CFR Part 26 12 CFR Part 7, Subpart B-C 12 CFR Part 307 12 CFR Part 307 12 CFR Part 33 l 12 CFR Part 33 l 1 12 CFRPart 215 I 12 CFR 337.3 [Reg.OJ 12 CFR Part. 212 12 CFR Part. 348 [Reg. L] 12 CFR Part 307 I 12 CFR Part 31 12 CFR Part. 26 12 CFR Part 163 12 CFR Part 31; 12 CFR 160.130 12 CFR Part 307 I 12 CFR 337.3 12 CFR Part 348 12 CFR Part 212 [Reg. L]
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Bank Secrecy Act Compliance I 12 CFR Part 21, SubpartC Reports of Crimes or Suspected Crimes Uniform Rules of Practice and Procedure Voluntary Liquidation of a National Bank or Federal Savings Association Federal Savings Association Investigative Proceedings and Formal Examinations Federal Savings Association Removals, Suspensions and Prohibitions Where a Crime is Charged or Proven Orderly Liquidation Authority 12 CFR Part 21, SubpartB Resolution and Receivership I 12 CFR Part 360 Rules Recordkeeping for Timely I 12 CFR Part 370 Deposit Insurance Determination Recordkeeping Requiremenls I 12 CFR Part 371 for Qualified Financial Contracts 12 CFR Part 208.63 [Reg. Hl 12 CFR Part 326, SubpartB 12 CFR Part 208.62- I 12 CFR Part 353 .63 [Reg. H] 12 CFR Part 360 12 CFR Part 360 12 CFR Part 370 12 CFR Part 370 12 CFR Part 371 12 CFR Part 371 12 CFR Part 21, Subpart C 12 CFR Part 326, SubpartB 12 CFR 163.180(d) I 12 CFR Part 353 I 12 CFR Part 225.4(-f) [Reg. Y] 12 CFR 5.48 12 CFR Part 112 12 CFR Part 108 12 CFR Part 380 12 CFR Part 360 12 CFR Part 360 12 CFR Part 370 12 CFR Part 370 12 CFR Part 371 12 CFR Part 371
EP06FE24.016</GPH>
Appraisal Standards for 1 12 CFR Part 34, 1 12 CFR Part 208.50 112 CFR Part 323 1 12 CFR Part 34, 1 12 CFR Part 323 112 CFR Part 225, Federally Related SubpartC LReg. HJ; 12 CFR Subpart C Subpart G LReg. Y J Transact.ions Part 225, Subpart G eg. Yl Real Estate Lending Standards 12 CFR Part 34, Subpart 12 CFR Part 208, 12 CFR Part 365, 12 CFR 160.101 12 CFR Part 365, D Appx. C [Reg Hl Subpart.A Subpart.A Appraisals: 12 CFR Part 34, 12 CFR Part 226.43; 12 CFR Part 1026 12 CFR Part 34, 12 CFRPart. 12 CFRPart. Higher-priced Mort.gages Subpart G 12 CFR Part 226, [Reg. Z] Subpart G 1026 226.43; Appx. N and 0, and [Reg.Z] 12 CFR Part 226, Supp. I [Reg. Zl Appx. N and 0, and Supp. I [Reg. Z] 12 CFRPart 226.43; 12 CFR Part 226, Appx. N and 0, and Su Appraisal Management 12 CFR Part 34, Subpart 12 CFR Part 225, 12 CFR Part 323, 12 CFR Part 34, 12 CFR Part 323, Com anv Minimum Standards H Sub M e . Sub artB Sub artH Sub artB Credit Risk Retention 12 CFR Part 43 12 CFR Part 244 12 CFR Part 373 12 CFR Part 43 12 CFR Part 373 12 CFR Part 244 [Reg. RR] [Reg. RR] - 12 CFR Part 244 Re2.RR Frequency of Safety and 112 CFR 4.6-.7 1 12 CFR Part 208.64 12 CFR 337.12 12 CFR4.6 I 12 CFR 337.12 Soundness Examination [Reg. H] (See also:
12 CFR 163.170
Liquidity Risk I 12 CFR Part 50 I 12 CFR Part 249 [Reg. WW] 12 CFR Part 329 12 CFR Part 50 12 CFR Part 329 12 CFR Part 249 [Reg. WW] 12 CFR Part. 249
EP06FE24.017</GPH>
Mandatory Contractual
Requirements for Qualified Financial Contracts Resolution Plans 12 CFRPart360.10 Safety and Soundness 12 CFR Part 30 Standards generally; 12 CFR Part 30,Appx. A Transactions with Affiliates 12 CFR Part 223 LReg. WJ; 12 CFR Part31 Heightened Standards 12 CFR Part 30, Guidelines A x.D Lending Limits 12 CFRPart32 Recovery Plamiing Guidelines I 12 CFR Part 30, Appx. E Other Real Estate Owned I 12 CFR Part 34, Federal Savings Association Financial Management Policies Federal Savings Association Lending and Investment - Additional Safety and Soundness Limitations SubpartE 12 CFR Part 360.10 12 CFR Part 208, Appx. D-1 [Reg. H] 12 CFR Part 223 LReg. WJ 12 CFR Part 360.10 12 CFR Part 364, Appx.A 12 CFR Part 223 LReg. WJ 12 CFR Part 360.10 12 CFR Part 30 generally; 12 CFR
Part 30, Appx. A
12 C.F.R. Part223
LReg. WJ;
12 C.F.R. Part31
12 CFR Part 30,
A x.D
12 CFR Part 32
12 CFR Part 30,
Appx.E
12 CFR Part 34,
SubpartE
12 CFR Part 163,
SubparlF
12 CFR Part 160
12 CFRPart 12 CFR Part 381;
360.10 12 CFR Part 243
[Reg. QQ]
--
12 CFR Part 364,
Appx. A
12 CFR Part 223
LReg. WJ
12 CFR Part 32
12 CFR Part 160
EP06FE24.018</GPH>
Apprnisals: I 1 12 CFR Pmt 226.42; 1 12 CFR Part 1026 I I 1 12 CFR Part Appraiser Independence 12 CFR Part 226, [Reg. Zl 226.42; Supp. I [Reg. Zl 12 CFR Part 226, Supp. I [Reg. Zl 12 CFR.Part 226.42; 12 CFR Part 226, Supp. I [Reg. Zl Definitions related to the 12 CFR Part 242 Financial Stability Oversight [Reg. PP] Council Enhanced Prudential 12 CFR Part 252, Standards SubpartC Risk Committee Requirement [Reg. YY] (for certain BHCs) Standards for BHCs 12 CFR Part 238, with consolidated assets $50 SubpartM billion or more and less than [Reg. LL] $100B Enhanced Prudential 12 CFR.Part Standards 252.33 Risk Committee Requirement [Reg. YY] (for certain BHCs) Standards for BHCs with consolidated assets $ 100 12 CFR.Part billion or more 238.122 IR.eg. LL Extensions of Credit by 12 CFR.Part201 12 CFR Part 201 12 CFR Part 201 12 CFR Part 201 12 CFR Part 201 Federal Resenre Banks [Reg. A] [Reg. A] [Reg. A] [Reg. A] [Reg. A] Financial Market Utilities 12 CFR Part. 234 [Reg. HHl Limitations on Interbank 12 CFR Part 206 12 CFR Part 206 12 CFR Part 206 12 CFR Part 206 12 CFR Part 206 Liabilities [Reg. F] [Reg. F] [Reg. F] [Reg. F] [Reg. F] Securities Holding Companies 12 CFR Part 241 eg.OO
EP06FE24.019</GPH>
Annual Independent Audits 12 CFR Part 363 12 CFR Part 363 12 CFR Part 363 I 12 CFR Part 363; I 12 CFR Part 363 andRe orli Re uirements Unsafe and Unsound Banking 12 CFR337.2 Practices (Standby Letters of Credit) 12 CFR337.6 12 CFR337.6 12 CFR337.6 12 CFR337.6 12 CFR337.6 Banks as Registered Clearing 12 CFR 19.135 12 CFR Part 208.32- 12 CFR Part 308, Agencies 33 [Reg. H] Subpart S Banks as Securities Transfer 12 CFR 9.20 12 CFRPart208.31 12 CFR Part 341 Agents rReg.Hl Government Securities Sales 12 CFR Part 13 12 CFR Part 208.37 12 CFR Part 368 Practices rRcg.Hl Recordkeeping and 12 CFR Part 12 12 CFR Part 208.34 12 CFR Part 344 I 12 CFR Part 151 I 12 CFR Part 344 Confinnation of Securities [Reg. H] Transactions Effected by Bauks Reporting Requirements for 12 CFR Part 11 12 CFR Part 208.36 12 CFR Part 335 12 CFR Part 11 12 CFR Part 335; Reported Securities Under the [Reg. H] 12 CFR Part 390, Securities Exchange Act of Subpart Q; 12 1934 CFR Part 390, Sub artW Securities Offerings 12 CFRPart 16 12 CFR Part 335 12 CFR Part 16 12 CFR Part 335; 12 CFR Part 390, Subpart Q; 12 CFR Part 390, Sub artW
EP06FE24.020</GPH>
Federal Savings Associations Proxies Federal Savings Associations Rules on the Issuance and Sale of Institution Securities Credit by Banks and Persons Other than Brokers or Dealers for the Purpose of Purchasing or Carrying Margin Stock 12 CPRPart221 [Reg. U] 12 CPR Part 221 [Reg. U] 12 CPR Part 221 [Reg. U] 12 CPR Part 169 12 CPR 163.5; 12 CPR Part 163, Subpart C 12 CPR Part 221 [Reg. U] 12 CPR Part 169 12 CPR Part 221 [Reg. U] 12 CPR Part 221 [Reg. U] 12 CFR Part 221 [Reg. U]
Michael J. Hsu,
Acting Comptroller of the Currency. By order of the Board of Governors of the Federal Reserve System. Ann E. Misback, Secretary of the Board. Federal Deposit Insurance Corporation. By order of the Board of Directors. Dated at Washington, DC, on January 16, 2024. James P. Sheesley, Assistant Executive Secretary. [FR Doc. 2024–02016 Filed 2–5–24; 8:45 am] BILLING CODE 4810–33–; 6210–01; 6714–01–C
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