1653Federal Register / Vol. 84, No. 24 / Tuesday, February 5, 2019 / Proposed Rules
of proposed rulemaking for test
procedures and energy conservations
standards. That notification also
solicited nominations for membership
to the working group. (83 FR 15514)
This notification announces the next
round of meetings for this working
group.
DOE will host a public meeting and
webinar on Thursday, February 21, 2019
from 9:00 a.m. to 5:00 p.m. and on
Friday, February 22, 2019 from 9:00
a.m. to 1:00 p.m. in Washington, DC.
The purpose of these meetings will be
to negotiate in an attempt to reach
consensus on proposed Federal test
procedures and energy conservation
standards for VRF multi-split systems.
Public Participation
Attendance at the Public Meeting
The time, date, and location of the
public meeting are listed in the DATES
and ADDRESSES sections of this
document. If you plan to attend the
public meeting, please notify the
ASRAC staff at asrac@ee.doe.gov.
Due to the REAL ID Act implemented
by the Department of Homeland
Security (DHS), there have been recent
changes regarding ID requirements for
individuals wishing to enter Federal
buildings from specific States and U.S.
territories. DHS maintains an updated
website identifying the State and
territory driver’s licenses that currently
are acceptable for entry into DOE
facilities at https://www.dhs.gov/real-id-
enforcement-brief. A driver’s license
from a State or territory identified as not
compliant by DHS will not be accepted
for building entry, and one of the
alternate forms of ID listed below will
be required. Acceptable alternate forms
of Photo-ID include U.S. Passport or
Passport Card; an Enhanced Driver’s
License or Enhanced ID-Card issued by
States and territories as identified on the
DHS website (Enhanced licenses issued
by these States and territories are clearly
marked Enhanced or Enhanced Driver’s
License); a military ID or other Federal
government-issued Photo-ID card.
In addition, you can attend the public
meeting via webinar. Webinar
registration information, participant
instructions, and information about the
capabilities available to webinar
participants will be published on DOE’s
website: https://energy.gov/eere/
buildings/appliance-standards-and-
rulemaking-federal-advisory-committee.
Participants are responsible for ensuring
their systems are compatible with the
webinar software.
Procedure for Submitting Prepared
General Statements for Distribution
Any person who has plans to present
a prepared general statement may
request that copies of his or her
statement be made available at the
public meeting. Such persons may
submit requests, along with an advance
electronic copy of their statement in
PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file
format, to the appropriate address
shown in the FOR FURTHER INFORMATION
CONTACT section of this notification. The
request and advance copy of statements
must be received at least one week
before the public meeting and may be
emailed, hand-delivered, or sent by
postal mail. DOE prefers to receive
requests and advance copies via email.
Please include a telephone number to
enable DOE staff to make a follow-up
contact, if needed.
Conduct of the Public Meeting
ASRAC’s Designated Federal Officer
will preside at the public meeting and
may also use a professional facilitator to
aid discussion. The meeting will not be
a judicial or evidentiary-type public
hearing, but DOE will conduct it in
accordance with section 336 of EPCA
(42 U.S.C. 6306). A court reporter will
be present to record the proceedings and
prepare a transcript. A transcript of the
public meeting will be included on
DOE’s website: https://energy.gov/eere/
buildings/appliance-standards-and-
rulemaking-federal-advisory-committee.
In addition, any person may buy a copy
of the transcript from the transcribing
reporter. Public comment and
statements will be allowed prior to the
close of the meeting.
Docket
The docket is available for review at
https://www.regulations.gov/
docket?D=EERE-2018-BT-STD-0003,
including Federal Register notices,
public meeting attendee lists and
transcripts, comments, and other
supporting documents/materials. All
documents in the docket are listed in
the https://regulations.gov index.
However, not all documents listed in
the index may be publically available,
such as information that is exempt from
public disclosure.
Signed in Washington, DC, on January 18,
2019.
Steven Chalk,
Acting Deputy Assistant Secretary for Energy
Efficiency and Renewable Energy.
[FR Doc. 2019–00885 Filed 2–4–19; 8:45 am]
BILLING CODE 6450–01–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
12 CFR Parts 365 and 390
RIN 3064–AE22
Removal of Transferred OTS
Regulations Regarding Lending and
Investment; and Conforming
Amendments to Other Regulation
AGENCY: Federal Deposit Insurance
Corporation.
ACTION: Notice of proposed rulemaking.
SUMMARY: In order to streamline FDIC
regulations and reduce regulatory
burden, the FDIC proposes to rescind
and remove from the Code of Federal
Regulations rules entitled ‘‘Lending and
Investment’’ (part 390, subpart P) 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); amend
certain sections of existing FDIC
regulations governing real estate lending
standards to make it clear that such
rules apply to all insured depository
institutions for which the FDIC is the
appropriate Federal banking agency;
and amend part 365 by rescinding in its
entirety the subpart concerning
registration requirements for residential
mortgage loan originators because
supervision and rulemaking authority in
this area was transferred to the Bureau
of Consumer Financial Protection
(Bureau) by the Dodd-Frank Act.
DATES: Comments must be received on
or before April 8, 2019.
ADDRESSES: You may submit comments
by any of the following methods:
• FDIC Website: http://www.fdic.gov/
regulations/laws/federal/ Follow
instructions for submitting comments
on the agency website.
• FDIC Email: Comments@fdic.gov.
Include RIN 3064–AE22 on the subject
line of the message.
• FDIC Mail: Robert E. Feldman,
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
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
VerDate Sep<11>2014 16:34 Feb 04, 2019 Jkt 247001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\05FEP1.SGM 05FEP1
of proposed rulemaking for test
procedures and energy conservations
standards. That notification also
solicited nominations for membership
to the working group. (83 FR 15514)
This notification announces the next
round of meetings for this working
group.
DOE will host a public meeting and
webinar on Thursday, February 21, 2019
from 9:00 a.m. to 5:00 p.m. and on
Friday, February 22, 2019 from 9:00
a.m. to 1:00 p.m. in Washington, DC.
The purpose of these meetings will be
to negotiate in an attempt to reach
consensus on proposed Federal test
procedures and energy conservation
standards for VRF multi-split systems.
Public Participation
Attendance at the Public Meeting
The time, date, and location of the
public meeting are listed in the DATES
and ADDRESSES sections of this
document. If you plan to attend the
public meeting, please notify the
ASRAC staff at asrac@ee.doe.gov.
Due to the REAL ID Act implemented
by the Department of Homeland
Security (DHS), there have been recent
changes regarding ID requirements for
individuals wishing to enter Federal
buildings from specific States and U.S.
territories. DHS maintains an updated
website identifying the State and
territory driver’s licenses that currently
are acceptable for entry into DOE
facilities at https://www.dhs.gov/real-id-
enforcement-brief. A driver’s license
from a State or territory identified as not
compliant by DHS will not be accepted
for building entry, and one of the
alternate forms of ID listed below will
be required. Acceptable alternate forms
of Photo-ID include U.S. Passport or
Passport Card; an Enhanced Driver’s
License or Enhanced ID-Card issued by
States and territories as identified on the
DHS website (Enhanced licenses issued
by these States and territories are clearly
marked Enhanced or Enhanced Driver’s
License); a military ID or other Federal
government-issued Photo-ID card.
In addition, you can attend the public
meeting via webinar. Webinar
registration information, participant
instructions, and information about the
capabilities available to webinar
participants will be published on DOE’s
website: https://energy.gov/eere/
buildings/appliance-standards-and-
rulemaking-federal-advisory-committee.
Participants are responsible for ensuring
their systems are compatible with the
webinar software.
Procedure for Submitting Prepared
General Statements for Distribution
Any person who has plans to present
a prepared general statement may
request that copies of his or her
statement be made available at the
public meeting. Such persons may
submit requests, along with an advance
electronic copy of their statement in
PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file
format, to the appropriate address
shown in the FOR FURTHER INFORMATION
CONTACT section of this notification. The
request and advance copy of statements
must be received at least one week
before the public meeting and may be
emailed, hand-delivered, or sent by
postal mail. DOE prefers to receive
requests and advance copies via email.
Please include a telephone number to
enable DOE staff to make a follow-up
contact, if needed.
Conduct of the Public Meeting
ASRAC’s Designated Federal Officer
will preside at the public meeting and
may also use a professional facilitator to
aid discussion. The meeting will not be
a judicial or evidentiary-type public
hearing, but DOE will conduct it in
accordance with section 336 of EPCA
(42 U.S.C. 6306). A court reporter will
be present to record the proceedings and
prepare a transcript. A transcript of the
public meeting will be included on
DOE’s website: https://energy.gov/eere/
buildings/appliance-standards-and-
rulemaking-federal-advisory-committee.
In addition, any person may buy a copy
of the transcript from the transcribing
reporter. Public comment and
statements will be allowed prior to the
close of the meeting.
Docket
The docket is available for review at
https://www.regulations.gov/
docket?D=EERE-2018-BT-STD-0003,
including Federal Register notices,
public meeting attendee lists and
transcripts, comments, and other
supporting documents/materials. All
documents in the docket are listed in
the https://regulations.gov index.
However, not all documents listed in
the index may be publically available,
such as information that is exempt from
public disclosure.
Signed in Washington, DC, on January 18,
2019.
Steven Chalk,
Acting Deputy Assistant Secretary for Energy
Efficiency and Renewable Energy.
[FR Doc. 2019–00885 Filed 2–4–19; 8:45 am]
BILLING CODE 6450–01–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
12 CFR Parts 365 and 390
RIN 3064–AE22
Removal of Transferred OTS
Regulations Regarding Lending and
Investment; and Conforming
Amendments to Other Regulation
AGENCY: Federal Deposit Insurance
Corporation.
ACTION: Notice of proposed rulemaking.
SUMMARY: In order to streamline FDIC
regulations and reduce regulatory
burden, the FDIC proposes to rescind
and remove from the Code of Federal
Regulations rules entitled ‘‘Lending and
Investment’’ (part 390, subpart P) 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); amend
certain sections of existing FDIC
regulations governing real estate lending
standards to make it clear that such
rules apply to all insured depository
institutions for which the FDIC is the
appropriate Federal banking agency;
and amend part 365 by rescinding in its
entirety the subpart concerning
registration requirements for residential
mortgage loan originators because
supervision and rulemaking authority in
this area was transferred to the Bureau
of Consumer Financial Protection
(Bureau) by the Dodd-Frank Act.
DATES: Comments must be received on
or before April 8, 2019.
ADDRESSES: You may submit comments
by any of the following methods:
• FDIC Website: http://www.fdic.gov/
regulations/laws/federal/ Follow
instructions for submitting comments
on the agency website.
• FDIC Email: Comments@fdic.gov.
Include RIN 3064–AE22 on the subject
line of the message.
• FDIC Mail: Robert E. Feldman,
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
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
VerDate Sep<11>2014 16:34 Feb 04, 2019 Jkt 247001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\05FEP1.SGM 05FEP1
1654 Federal Register / Vol. 84, No. 24 / Tuesday, February 5, 2019 / Proposed Rules
1 Public Law 111–203, 124 Stat. 1376 (2010).
2 Codified at 12 U.S.C. 5411.
3 Codified at 12 U.S.C. 5414(b).
4 Codified at 12 U.S.C. 5414(c).
5 76 FR 39246 (July 6, 2011).
6 Codified at 12 U.S.C. 5412(b)(2)(B)(i)(II).
7 12 U.S.C. 1811 et seq.
8 Codified at 12 U.S.C. 5412(c)(1).
9 12 U.S.C. 1813(q).
10 76 FR 47652 (Aug. 5, 2011).
11 See 76 FR at 47653.
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 http://
www.fdic.gov/regulations/laws/federal/,
including any personal information
provided.
FOR FURTHER INFORMATION CONTACT:
Karen J. Currie, Senior Examination
Specialist, (202) 898–3981, email
address kcurrie@fdic.gov, Division of
Risk Management Supervision;
Cassandra Duhaney, Senior Policy
Analyst, (202) 898–6804, Division of
Depositor and Consumer Protection;
Rodney D. Ray, Counsel, Legal Division,
(202) 898–3556 or Linda Hubble Ku,
Counsel, Legal Division, (202) 898–
6634.
SUPPLEMENTARY INFORMATION:
I. Policy Objectives
The policy objectives of the proposed
rule are twofold. The first is to simplify
the FDIC’s regulations by removing
unnecessary regulations, or realigning
existing regulations in order to improve
the public’s understanding and to
improve the ease of reference. The
second is to promote parity between
State savings associations and State
nonmember banks by making both
classes of institutions subject to the
same requirements regarding real estate
lending standards. Thus, as further
detailed in this SUPPLEMENTARY
INFORMATION Section, the FDIC proposes
to rescind and remove from the CFR
rules entitled ‘‘Lending and Investment’’
(part 390, subpart P) that were
transferred to the FDIC from OTS in
connection with the implementation of
Title III the Dodd-Frank Act. The FDIC
takes the view that other existing
regulations that concern permissible
activities, safety and soundness
standards, and real estate lending
standards replicate the current
requirements in part 390, subpart P. In
addition, the proposal would amend
certain sections of part 365 of the FDIC’s
existing regulations on real estate
lending standards to make it clear that
part 365, subpart A, applies to all
insured depository institutions for
which the FDIC is the appropriate
Federal banking agency. Not only would
this approach simplify the FDIC’s
regulations by removing unnecessary
provisions, but it would have the added
benefit of creating parity between state
savings associations and state
nonmenber banks by ensuring that both
classes of institutions are subject to the
same requirements regarding safety and
soundness and real estate lending
standards. Finally, the FDIC proposes to
amend part 365 by rescinding in its
entirety subpart B concerning
registration requirements for residential
mortgage loan originators because
supervision and rulemaking authority in
this area was transferred to the Bureau
by the Dodd-Frank Act and the Bureau
has issued its own regulation,
Regulation G.
II. Background
A. The Dodd-Frank Act
The Dodd-Frank Act, signed into law
on July 21, 2010, provided for a
substantial reorganization of the
regulation of State and Federal savings
associations and their holding
companies.1 Beginning July 21, 2011,
the transfer date established by section
311 of the Dodd-Frank Act,2 the powers,
duties, and functions formerly
performed by the OTS were divided
among the FDIC, as to State savings
associations, the Office of the
Comptroller of the Currency (OCC), as to
Federal savings associations, and the
Board of Governors of the Federal
Reserve System (FRB), as to savings and
loan holding companies. Section 316(b)
of the Dodd-Frank Act 3 provides the
manner of treatment for all orders,
resolutions, determinations, regulations,
and other advisory materials that have
been issued, made, prescribed, or
allowed to become effective by the OTS.
The section provides that if such
materials were in effect on the day
before the transfer date, they continue in
effect and are enforceable by or against
the appropriate successor agency until
they are modified, terminated, set aside,
or superseded in accordance with
applicable law by such successor
agency, by any court of competent
jurisdiction, or by operation of law.
Pursuant to section 316(c) of the
Dodd-Frank Act,4 on June 14, 2011, the
FDIC’s Board of Directors approved a
‘‘List of OTS Regulations to be Enforced
by the OCC and the FDIC Pursuant to
the Dodd-Frank Wall Street Reform and
Consumer Protection Act.’’ This list was
published by the FDIC and the OCC as
a Joint Notice in the Federal Register on
July 6, 2011.5
Although section 312(b)(2)(B)(i)(II) of
the Dodd-Frank Act,6 granted the OCC
rulemaking authority relating to both
State and Federal savings associations,
nothing in the Dodd-Frank Act affected
the FDIC’s existing authority to issue
regulations under the Federal Deposit
Insurance Act (FDI Act) 7 and other laws
as the ‘‘appropriate Federal banking
agency’’ or under similar statutory
terminology. Section 312(c)(1) of the
Dodd-Frank Act 8 revised the definition
of ‘‘appropriate Federal banking
agency’’ contained in section 3(q) of the
FDI Act,9 to add State savings
associations to the list of entities for
which the FDIC is designated as the
‘‘appropriate Federal banking agency.’’
As a result, when the FDIC acts as the
designated ‘‘appropriate Federal
banking agency’’ (or under similar
terminology) for State savings
associations, as it does here, the FDIC is
authorized to issue, modify, and rescind
regulations involving such associations,
as well as for State nonmember banks
and insured branches of foreign banks.
As noted above, on June 14, 2011,
operating pursuant to this authority, the
FDIC’s Board of Directors (Board) issued
a list of regulations of the former OTS
that the FDIC would enforce with
respect to State savings associations.
Also on June 14, 2011, the FDIC’s Board
reissued and redesignated certain
regulations transferred from the former
OTS. These transferred OTS regulations
were published as new FDIC regulations
in the Federal Register on August 5,
2011.10 When the FDIC republished the
transferred OTS regulations as new
FDIC regulations, it specifically noted
that its staff would evaluate the
transferred OTS rules and might later
recommend incorporating the
transferred OTS regulations into other
FDIC regulations, amending them, or
rescinding them, as appropriate.11
B. Transferred OTS Regulations
(Transferred to the FDIC’s Part 390,
Subpart P)
A subset of the regulations transferred
to the FDIC from the OTS concern
lending and investment provisions
applicable to State savings associations.
The OTS regulations, formerly found at
12 CFR part 560, sections 560.1, 560.3,
560.100, 560.101, 560.120, 560.121,
560.130, 560.160, 560.170, and 560.172,
were transferred to the FDIC with only
nomenclature changes and now
comprise part 390, subpart P. Each
provision of part 390, subpart P is
discussed in Part III of this
SUPPLEMENTARY INFORMATION section,
below.
The FDIC has conducted a careful
review and comparison of part 390,
VerDate Sep<11>2014 16:34 Feb 04, 2019 Jkt 247001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\05FEP1.SGM 05FEP1
1 Public Law 111–203, 124 Stat. 1376 (2010).
2 Codified at 12 U.S.C. 5411.
3 Codified at 12 U.S.C. 5414(b).
4 Codified at 12 U.S.C. 5414(c).
5 76 FR 39246 (July 6, 2011).
6 Codified at 12 U.S.C. 5412(b)(2)(B)(i)(II).
7 12 U.S.C. 1811 et seq.
8 Codified at 12 U.S.C. 5412(c)(1).
9 12 U.S.C. 1813(q).
10 76 FR 47652 (Aug. 5, 2011).
11 See 76 FR at 47653.
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 http://
www.fdic.gov/regulations/laws/federal/,
including any personal information
provided.
FOR FURTHER INFORMATION CONTACT:
Karen J. Currie, Senior Examination
Specialist, (202) 898–3981, email
address kcurrie@fdic.gov, Division of
Risk Management Supervision;
Cassandra Duhaney, Senior Policy
Analyst, (202) 898–6804, Division of
Depositor and Consumer Protection;
Rodney D. Ray, Counsel, Legal Division,
(202) 898–3556 or Linda Hubble Ku,
Counsel, Legal Division, (202) 898–
6634.
SUPPLEMENTARY INFORMATION:
I. Policy Objectives
The policy objectives of the proposed
rule are twofold. The first is to simplify
the FDIC’s regulations by removing
unnecessary regulations, or realigning
existing regulations in order to improve
the public’s understanding and to
improve the ease of reference. The
second is to promote parity between
State savings associations and State
nonmember banks by making both
classes of institutions subject to the
same requirements regarding real estate
lending standards. Thus, as further
detailed in this SUPPLEMENTARY
INFORMATION Section, the FDIC proposes
to rescind and remove from the CFR
rules entitled ‘‘Lending and Investment’’
(part 390, subpart P) that were
transferred to the FDIC from OTS in
connection with the implementation of
Title III the Dodd-Frank Act. The FDIC
takes the view that other existing
regulations that concern permissible
activities, safety and soundness
standards, and real estate lending
standards replicate the current
requirements in part 390, subpart P. In
addition, the proposal would amend
certain sections of part 365 of the FDIC’s
existing regulations on real estate
lending standards to make it clear that
part 365, subpart A, applies to all
insured depository institutions for
which the FDIC is the appropriate
Federal banking agency. Not only would
this approach simplify the FDIC’s
regulations by removing unnecessary
provisions, but it would have the added
benefit of creating parity between state
savings associations and state
nonmenber banks by ensuring that both
classes of institutions are subject to the
same requirements regarding safety and
soundness and real estate lending
standards. Finally, the FDIC proposes to
amend part 365 by rescinding in its
entirety subpart B concerning
registration requirements for residential
mortgage loan originators because
supervision and rulemaking authority in
this area was transferred to the Bureau
by the Dodd-Frank Act and the Bureau
has issued its own regulation,
Regulation G.
II. Background
A. The Dodd-Frank Act
The Dodd-Frank Act, signed into law
on July 21, 2010, provided for a
substantial reorganization of the
regulation of State and Federal savings
associations and their holding
companies.1 Beginning July 21, 2011,
the transfer date established by section
311 of the Dodd-Frank Act,2 the powers,
duties, and functions formerly
performed by the OTS were divided
among the FDIC, as to State savings
associations, the Office of the
Comptroller of the Currency (OCC), as to
Federal savings associations, and the
Board of Governors of the Federal
Reserve System (FRB), as to savings and
loan holding companies. Section 316(b)
of the Dodd-Frank Act 3 provides the
manner of treatment for all orders,
resolutions, determinations, regulations,
and other advisory materials that have
been issued, made, prescribed, or
allowed to become effective by the OTS.
The section provides that if such
materials were in effect on the day
before the transfer date, they continue in
effect and are enforceable by or against
the appropriate successor agency until
they are modified, terminated, set aside,
or superseded in accordance with
applicable law by such successor
agency, by any court of competent
jurisdiction, or by operation of law.
Pursuant to section 316(c) of the
Dodd-Frank Act,4 on June 14, 2011, the
FDIC’s Board of Directors approved a
‘‘List of OTS Regulations to be Enforced
by the OCC and the FDIC Pursuant to
the Dodd-Frank Wall Street Reform and
Consumer Protection Act.’’ This list was
published by the FDIC and the OCC as
a Joint Notice in the Federal Register on
July 6, 2011.5
Although section 312(b)(2)(B)(i)(II) of
the Dodd-Frank Act,6 granted the OCC
rulemaking authority relating to both
State and Federal savings associations,
nothing in the Dodd-Frank Act affected
the FDIC’s existing authority to issue
regulations under the Federal Deposit
Insurance Act (FDI Act) 7 and other laws
as the ‘‘appropriate Federal banking
agency’’ or under similar statutory
terminology. Section 312(c)(1) of the
Dodd-Frank Act 8 revised the definition
of ‘‘appropriate Federal banking
agency’’ contained in section 3(q) of the
FDI Act,9 to add State savings
associations to the list of entities for
which the FDIC is designated as the
‘‘appropriate Federal banking agency.’’
As a result, when the FDIC acts as the
designated ‘‘appropriate Federal
banking agency’’ (or under similar
terminology) for State savings
associations, as it does here, the FDIC is
authorized to issue, modify, and rescind
regulations involving such associations,
as well as for State nonmember banks
and insured branches of foreign banks.
As noted above, on June 14, 2011,
operating pursuant to this authority, the
FDIC’s Board of Directors (Board) issued
a list of regulations of the former OTS
that the FDIC would enforce with
respect to State savings associations.
Also on June 14, 2011, the FDIC’s Board
reissued and redesignated certain
regulations transferred from the former
OTS. These transferred OTS regulations
were published as new FDIC regulations
in the Federal Register on August 5,
2011.10 When the FDIC republished the
transferred OTS regulations as new
FDIC regulations, it specifically noted
that its staff would evaluate the
transferred OTS rules and might later
recommend incorporating the
transferred OTS regulations into other
FDIC regulations, amending them, or
rescinding them, as appropriate.11
B. Transferred OTS Regulations
(Transferred to the FDIC’s Part 390,
Subpart P)
A subset of the regulations transferred
to the FDIC from the OTS concern
lending and investment provisions
applicable to State savings associations.
The OTS regulations, formerly found at
12 CFR part 560, sections 560.1, 560.3,
560.100, 560.101, 560.120, 560.121,
560.130, 560.160, 560.170, and 560.172,
were transferred to the FDIC with only
nomenclature changes and now
comprise part 390, subpart P. Each
provision of part 390, subpart P is
discussed in Part III of this
SUPPLEMENTARY INFORMATION section,
below.
The FDIC has conducted a careful
review and comparison of part 390,
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