[Federal Register Volume 78, Number 141 (Tuesday, July 23, 2013)]
[Proposed Rules]
[Pages 44394-44398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17084]
[[Page 44393]]
Vol. 78
Tuesday,
No. 141
July 23, 2013
Part XXIV
Federal Deposit Insurance Corporation
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Semiannual Regulatory Agenda
Federal Register / Vol. 78 , No. 141 / Tuesday, July 23, 2013 /
Unified Agenda
[[Page 44394]]
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FEDERAL DEPOSIT INSURANCE CORPORATION
12 CFR Ch. III
Semiannual Agenda of Regulations
AGENCY: Federal Deposit Insurance Corporation.
ACTION: Semiannual regulatory agenda.
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SUMMARY: The Federal Deposit Insurance Corporation (FDIC) is hereby
publishing items for the spring 2013 Unified Agenda of Federal
Regulatory and Deregulatory Actions. The Agenda contains information
about FDIC's current and projected rulemakings, existing regulations
under review, and completed rulemakings.
FOR FURTHER INFORMATION CONTACT: Robert E. Feldman, Executive
Secretary, Federal Deposit Insurance Corporation, 550 17th Street NW.,
Washington, DC 20429.
SUPPLEMENTARY INFORMATION: Twice each year, the FDIC publishes an
agenda of regulations to inform the public of its regulatory actions
and to enhance public participation in the rulemaking process.
Publication of the agenda is in accordance with the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). The FDIC amends its regulations
under the general rulemaking authority prescribed in section 9 of the
Federal Deposit Insurance Act (12 U.S.C. 1819) and under specific
authority granted by the Act and other statutes.
Proposed Rules
Restrictions on Post-Employment Activities of Senior Examiners (3064-
AD98)
The FDIC proposes to rescind and remove 12 CFR part 390, subpart A,
entitled ``Restrictions on Post-Employment Activities of Senior
Examiners.''
Final Rule
Margin and Capital Requirements for Covered Swap Entities (3064-AD79)
The Office of the Comptroller of the Currency, the Board of
Governors of the Federal Reserve System, the Federal Deposit Insurance
Corporation, the Farm Credit Administration, and the Federal Housing
Finance Agency (collectively, the Agencies) reopened the comment period
on the proposed rule published in the Federal Register on May 11, 2011
(76 FR 27564), to establish minimum margin and capital requirements for
uncleared swaps and security-based swaps entered into by swap dealers,
major swap participants, security-based swap dealers, and major
security-based swap participants for which one of the Agencies is the
prudential regulator (Proposed Margin Rule). Reopening the comment
period that expired on July 11, 2011, allowed interested persons
additional time to analyze and comment on the Proposed Margin Rule in
light of the consultative document on margin requirements for non-
centrally-cleared derivatives recently published for comment by the
Basel Committee on Banking Supervision and the International
Organization of Securities Commissions.
Prohibitions and Restrictions on Proprietary Trading and Certain
Interests in, and Relationships With, Hedge Funds and Private Equity
Funds (3064-AD85)
On November 7, 2011, the Office of the Comptroller of the Currency,
the Board of Governors of the Federal Reserve System, the Federal
Deposit Insurance Corporation, and U.S. Securities and Exchange
Commission (collectively, the Agencies) published in the Federal
Register a joint notice of proposed rulemaking for public comment to
implement section 619 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (Dodd-Frank Act), which contains certain prohibitions
and restrictions on the ability of a banking entity and nonbank
financial company supervised by the Board to engage in proprietary
trading and have certain interests in, or relationships with, a hedge
fund or private equity fund. Due to the complexity of the issues
involved and to facilitate coordination of the rulemaking among the
responsible agencies as provided in section 619 of the Dodd-Frank Act,
the Agencies have determined that an extension of the comment period
was appropriate. This action allowed interested persons additional time
to analyze the proposed rules and prepare their comments.
Incentive-Based Compensation Arrangements (3064-AD86)
The Office of the Comptroller of the Currency, the Board of
Governors of the Federal Reserve System, the Federal Deposit Insurance
Corporation, the National Credit Union Administration, the U.S.
Securities Exchange Commission, and the Fair Housing Finance Agency
proposed a rule to implement section 956 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act. The rule would require the
reporting of incentive-based compensation arrangements by a covered
financial institution and prohibit incentive-based compensation
arrangements at a covered financial institution that provide excessive
compensation or that could expose the institution to inappropriate
risks that could lead to material financial loss.
Regulatory Capital Rules (Part I): Regulatory Capital, Minimum
Regulatory Capital Ratios, Capital Adequacy, Transition Provisions
(3064-AD95)
The Office of the Comptroller of the Currency, the Board of
Governors of the Federal Reserve System, and the Federal Deposit
Insurance Corporation (collectively, the Agencies) sought comment on
three notices of proposed rulemaking (NPRM) that would revise and
replace the Agencies' current capital rules. In this NPRM, the Agencies
are proposing to revise their risk-based and leverage capital
requirements consistent with agreements reached by the Basel Committee
on Banking Supervision in Basel III: A Global Regulatory Framework for
More Resilient Banks and Banking Systems. The proposed revisions would
include implementation of a new common equity tier 1 minimum capital
requirement, a higher minimum tier 1 capital requirement, and, for
banking organizations subject to the advanced approaches capital rules,
a supplementary leverage ratio that incorporates a broader set of
exposures in the denominator measure. Additionally, consistent with
Basel III, the Agencies proposed to apply limits on a banking
organization's capital distributions and certain discretionary bonus
payments if the banking organization does not hold a specified amount
of common equity tier 1 capital in addition to the amount necessary to
meet its minimum risk-based requirements. This NPRM also would
establish more conservative standards for including an instrument in
regulatory capital. As discussed in the proposal, the revisions set
forth in this NPRM are consistent with section 171 of the Dodd-Frank
Wall Street Reform and Consumer Protection Act, which requires the
Agencies to establish minimum risk-based and leverage capital
requirements.
Regulatory Capital Rules (Part II): Standardized Approach for Risk-
Weighted Assets; Market Discipline and Disclosure Requirements (3064-
AD96)
On August 30, 2012, the FDIC, together with the Board of Governors
of the Federal Reserve System and Office of the Comptroller of the
Currency (together, the Agencies), published in the Federal Register a
joint notice of proposed rulemaking, titled ``Regulatory
[[Page 44395]]
Capital Rules: Standardized Approach for Risk-Weighted Assets; Market
Discipline and Disclosure Requirements'' (Standardized Approach NPRM or
Proposed Rule). The proposed rule would revise and harmonize the
Agencies' rules for calculating risk weighted assets to enhance risk
sensitivity and address weaknesses identified over recent years,
including by incorporating certain international capital standards of
the Basel Committee on Banking Supervision (BCBS) set forth in the
standardized approach of the international accord, titled
``International Convergency of Capital Measurement and Capital
Standards: A Revised Framework,'' as revised by the BCBS in 2006 and
2009, as well as other proposals set forth in consultative papers of
the BCBS. Section 3(a) of the Regulatory Flexibility Act (RFA) directs
all Federal agencies to publish an initial regulatory flexibility
analysis (IRFA), or a summary thereof, describing the impact of a
proposed rule on small entities anytime an agency is required to
publish a notice of proposed rulemaking in the Federal Register. As
provided in the Standardized Approach NPRM, the Agencies are separately
publishing initial regulatory flexibility analyses for the Proposed
Rule. Accordingly, the FDIC sought comment on the IRFA provided in this
Federal Register document, which describes the economic impact of the
Standardized Approach NPR, in accordance with the requirements of the
RFA.
Regulatory Capital Rules (Part III): Advanced Approaches Risk-Based
Capital Rules; Market Risk Capital Rule (3064-AD97)
The Office of the Comptroller of the Currency (OCC), the Board of
Governors of the Federal Reserve System (Board), and the FDIC
(collectively, the Agencies) are seeking comment on three notices of
proposed rulemaking (NPRMs) that would revise and replace the Agencies'
current capital rules. In this NPRM (Advanced Approaches and Market
Risk NPRM) the Agencies are proposing to revise the advanced approaches
risk-based capital rule to incorporate certain aspects of ``Basel III:
A Global Regulatory Framework for More Resilient Banks and Banking
Systems'' that the agencies would apply only to advanced approach
banking organizations. This NPRM also proposes other changes to the
advanced approaches rule that the agencies believe are consistent with
changes by the Basel Committee on Banking Supervision (BCBS) to its
``International Convergence of Capital Measurement and Capital
Standards: A Revised Framework'' (Basel II), as revised by the BCBS
between 2006 and 2009, and recent consultative papers published by the
BCBS. The Agencies also propose to revise the advanced approaches risk-
based capital rule to be consistent with Dodd-Frank Wall Street Reform
and Consumer Protection Act of 2010 (the Dodd-Frank Act). These
revisions include replacing reference to credit ratings with
alternative standards of creditworthiness consistent with section 939A
of the Dodd-Frank Act. Additionally, the OCC and FDIC are proposing
that the market risk capital rule be applicable to Federal and State
savings associations, and the Board is proposing that the advanced
approaches and market risk capital rules apply to top-tier savings and
loan holding companies domiciled in the United States that meet the
applicable thresholds.
Records of Failed Insured Depository Institutions (3064-AD99)
The FDIC proposed a rule, with request for comments, that would
implement section 11(d)(15)(D) of the Federal Deposit Insurance Act (12
U.S.Cc section 1821(d)(15)(D)). This statutory provision provides
timeframes for the retention of records of a failed insured depository
institution. The proposed rule incorporates the statutory timeframes
and defines the term ``records.''
Deposit Insurance Regulations; Deposits in Foreign Branches (3064-AE00)
The FDIC is proposing to amend its deposit insurance regulations,
with respect to deposits payable in branches of United States insured
depository institutions (United States bank or bank) outside of the
United States. The proposed rule clarified that deposits in these
foreign branches of United States banks are not FDIC-insured deposits.
This would be the case whether or not they are dually payable both at
the branch outside the United States and at an office within the United
States. As discussed further below, a recent proposal by the United
Kingdom's Financial Services Authority (U.K. FSA) makes it very likely
that large United States banks will be changing their United Kingdom
foreign branch deposit agreements to make them payable both in the
United Kingdom and the United States. This action has the potential to
increase significantly the exposure of the Deposit Insurance Fund (DIF)
and operational complexities were such deposits to be treated as
insured. The purpose of the proposed rule is to preserve confidence in
the FDIC deposit insurance system, ensure that the FDIC can effectively
carry out its critical deposit insurance functions, and protect the DIF
against the uncertain liability that it would otherwise face as a
global deposit insurer.
Long-Term Actions
Credit Risk Retention (3064-AD74)
The Office of the Comptroller of the Currency, the Board of
Governors of the Federal Reserve System, the Federal Deposit Insurance
Corporation, the U.S. Securities and Exchange Commission, the Federal
Housing Finance Agency, and the Department of Housing and Urban
Development (collectively, the Agencies) are proposing rules to
implement the credit risk retention requirements of section 15G of the
Securities Exchange Act of 1934 (15 U.S.C. 78o-11), as added by section
941 of the Dodd-Frank Wall Street Reform and Consumer Protection Act.
Section 15G generally requires the securitizer of asset-backed
securities to retain not less than 5 percent of the credit risk of the
assets collateralizing the asset-backed securities. Section 15G
includes a variety of exemptions from these requirements, including an
exemption for asset-backed securities that are collateralized
exclusively by residential mortgages that qualify as ``qualified
residential mortgages,'' as such term is defined by the Agencies by
rule.
Recordkeeping Rules for Institutions Operating Under the Exceptions or
Exemptions for Banks From the Definitions of ``Broker'' or ``Dealer''
in the Securities Exchange Act of 1934 (3064-AD80)
The Office of the Comptroller of the Currency, the Board of
Governors of the Federal Reserve System, and the Federal Deposit
Insurance Corporation requested comment on recordkeeping rules for
banks, savings associations, Federal and State-licensed branches and
agencies of foreign banks, and Edge and agreement corporations that
engage in securities-related activities under the statutory exceptions
or regulatory exemptions for ``banks'' from the definitions of
``broker'' or ``dealer'' in section 3(a)(4)(B) or section 3(a)(5) of
the Securities Exchange Act of 1934. The rule is designed to facilitate
and promote compliance with these exceptions and exemptions.
Completed Actions
Assessments, Large Bank Pricing (3064-AD92)
The FDIC has adopted this final rule to amend the assessment system
for large and highly complex institutions by: (1) Revising the
definitions of
[[Page 44396]]
certain higher-risk assets, specifically leveraged loans, which are
renamed ``higher-risk C&I loans and securities,'' and subprime consumer
loans, which are renamed ``higher-risk consumer loans''; (2) clarifying
when an asset must be classified as higher risk; (3) clarifying the way
securitizations are identified as higher risk; and (4) further defining
terms that are used in the large bank pricing portions of 12 CFR 327.9.
The names of the categories of assets included in the higher-risk
assets to tier 1 capital and reserves ratio have been changed to avoid
confusion between the definitions used in the deposit insurance
assessment regulations and those used within the industry and in other
regulatory guidance. The FDIC has not amended the definition of C&D
loans and the final rule retains the definitions used in the February
2011 rule. The FDIC also retains the definition of nontraditional
mortgage loans; however, the final rule clarifies how securitizations
of nontraditional mortgage loans are identified as higher risk. The
final rule aggregates all securitizations that contain higher-risk
assets into a newly defined category of higher-risk assets, ``higher-
risk securitizations.'' While the nomenclature is new, the notice of
proposed rulemaking proposed including all assets that meet this newly
defined category as higher-risk assets. The FDIC believes that the
final rule will result in more consistent reporting, better reflect
risk to the Deposit Insurance Fund, significantly reduce reporting
burden, and satisfy many of the concerns voiced by the industry after
adoption of the February 2011 rule. The final rule was effective on
April 1, 2013.
Valerie Best,
Assistant Executive Secretary.
Federal Deposit Insurance Corporation--Final Rule Stage
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Regulation
Sequence No. Title Identifier No.
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399....................... 12 CFR 324 Regulatory 3064-AD95
Capital Rules (Part I):
Regulatory Capital,
Minimum Regulatory
Capital Ratios, Capital
Adequacy, Transition
Provisions.
400....................... 12 CFR 324 Regulatory 3064-AD96
Capital Rules (Part III):
Standardized Approach for
Risk-Weighted Assets;
Market Discipline and
Disclosure Requirements.
401....................... 12 CFR 324 Regulatory 3064-AD97
Capital Rules (Part 3):
Advanced Approaches Risk-
Based Capital Rules;
Market Risk Capital Rule.
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Federal Deposit Insurance Corporation--Long-Term Actions
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Regulation
Sequence No. Title Identifier No.
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402....................... 12 CFR 342 Recordkeeping 3064-AD80
Rules for Institutions
Operating Under the
Exceptions or Exemptions
for Banks From the
Definitions of ``Broker''
or ``Dealer'' in the
Securities Exchange Act
of 1934.
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FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC)
Final Rule Stage
399. Regulatory Capital Rules (Part I): Regulatory Capital, Minimum
Regulatory Capital Ratios, Capital Adequacy, Transition Provisions
Legal Authority: Pub. L. 111--203
Abstract: The Office of the Comptroller of the Currency, the Board
of Governors of the Federal Reserve System, and the Federal Deposit
Insurance Corporation (collectively the ``Agencies''), sought comment
on three Notices of Proposed Rulemaking (``NPRM'') that would revise
and replace the Agencies' current capital rules. In this NPRM, the
Agencies are proposing to revise their risk-based and leverage capital
requirements consistent with agreements reached by the Basel Committee
on Banking Supervision in Basel III: A Global Regulatory Framework for
More Resilient Banks and Banking Systems. The proposed revisions would
include implementation of a new common equity tier 1 minimum capital
requirement, a higher minimum tier 1 capital requirement, and, for
banking organizations subject to the advanced approaches capital rules,
a supplementary leverage ratio that incorporates a broader set of
exposures in the denominator measure. Additionally, consistent with
Basel III, the Agencies proposed to apply limits on a banking
organization's capital distributions and certain discretionary bonus
payments if the banking organization does not hold a specified amount
of common equity tier 1 capital in addition to the amount necessary to
meet its minimum risk based requirements. This NPRM also would
establish more conservative standards for including an instrument in
regulatory capital. As discussed in the proposal, the revisions set
forth in this NPRM are consistent with section 171 of the Dodd-Frank
Wall Street Reform and Consumer Protection Act which requires the
Agencies to establish minimum risk-based and leverage capital
requirements.
Timetable:
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Action Date FR Cite
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NPRM................................ 08/30/12 77 FR 169
NPRM Comment Period End............. 10/22/12
Final Rule.......................... 07/00/13
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Bobby R. Bean, Chief, Policy Section, Federal
Deposit Insurance Corporation, 550 17th Street NW., Washington, DC
20429, Phone: 202 898-3575, Email: [email protected].
Mark Handzlik, Senior Attorney, Federal Deposit Insurance
Corporation, 550 17th Street NW., Washington, DC 20429, Phone: 202 898-
3900, Email: [email protected].
Michael Phillips, Counsel, Legal Division, Federal Deposit
Insurance Corporation, 550 17th Street NW., Washington, DC 20429,
Phone: 202 898-3581, Email: [email protected].
RIN: 3064-AD95
400. Regulatory Capital Rules (Part III): Standardized Approach for
Risk-Weighted Assets; Market Discipline and Disclosure Requirements
Legal Authority: Pub. L. 111-203
Abstract: On August 30, 2012, the FDIC, together with the Board of
Governors of the Federal Reserve System and Office of the Comptroller
of
[[Page 44397]]
the Currency (together, ``the agencies'') published in the Federal
Register a joint notice of proposed rulemaking, titled, ``Regulatory
Capital Rules: Standardized Approach for Risk-Weighted Assets; Market
Discipline and Disclosure Requirements'' (Standardized Approach NPR or
Proposed Rule). The Proposed Rule would revise and harmonize the
agencies' rules for calculating risk weighted assets to enhance risk
sensitivity and address weaknesses identified over recent years,
including by incorporating certain international capital standards of
the Basel Committee on Banking Supervision (``BCBS'') set forth in the
standardized approach of the international accord titled,
``International Convergency of Capital Measurement and Capital
Standards: A Revised Framework'', as revised by the BCBS in 2006 and
2009, as well as other proposals set forth in consultative papers of
the BCBS. Section 3(a) of the Regulatory Flexibility Act (``RFA'')
directs all federal agencies to publish an initial regulatory
flexibility analysis (``IRFA''), or a summary thereof, describing the
impact of a proposed rule on small entities anytime an agency is
required to publish a notice of proposed rulemaking in the Federal
Register. As provided in the Standardized Approach NPR, the agencies
are separately publishing initial regulatory flexibility analyses for
the Proposed Rule. Accordingly, the FDIC sought comment on the IRFA
provided in this Federal Register document, which describes the
economic impact of the Standardized Approach NPR, in accordance with
the requirements of the RFA.
Timetable:
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Action Date FR Cite
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NPRM................................ 08/30/12 77 FR 52888
Initial Regulatory Flexibility 10/17/12 77 FR 63763
Analysis.
NPRM Comment Period End............. 10/22/12
Initial Regulatory Flexibility 11/16/12
Analysis Comment Period End.
Final Rule.......................... 07/00/13
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Bobby R. Bean, Chief, Policy Section, Federal
Deposit Insurance Corporation, 550 17th Street NW., Washington, DC
20429, Phone: 202 898-3575, Email: [email protected].
Karl Reitz, Senior Capital Markets Specialist, Federal Deposit
Insurance Corporation, 550 17th Street NW., Washington, DC 20429,
Phone: 202 898-6775, Email: [email protected].
Mark Handzlik, Senior Attorney, Federal Deposit Insurance
Corporation, 550 17th Street NW., Washington, DC 20429, Phone: 202 898-
3900, Email: [email protected].
Michael Phillips, Counsel, Legal Division, Federal Deposit
Insurance Corporation, 550 17th Street NW., Washington, DC 20429,
Phone: 202 898-3581, Email: [email protected].
RIN: 3064-AD96
401. Regulatory Capital Rules (Part 3): Advanced Approaches Risk-Based
Capital Rules; Market Risk Capital Rule
Legal Authority: Pub. L. 111-203
Abstract: The Office of the Comptroller of the Currency (``OCC''),
the Board of Governors of the Federal Reserve System (``Board''), and
the FDIC (collectively, the ``Agencies'') are seeking comment on three
notices of proposed rulemaking (``NPRMs'') that would revise and
replace the Agencies' current capital rules. In this NPRM (Advanced
Approaches and Market Risk NPR) the Agencies are proposing to revise
the advanced approaches risk-based capital rule to incorporate certain
aspects of ``Basel III: A Global Regulatory Framework for More
Resilient Banks and Banking Systems'' that the agencies would apply
only to advanced approach banking organizations. This NPRM also
proposes other changes to the advanced approaches rule that the
agencies believe are consistent with changes by the Basel Committee on
Banking Supervision (''BCBS'') to its ''International Convergence of
Capital Measurement and Capital Standards: A Revised Framework'' (Basel
II), as revised by the BCBS between 2006 and 2009, and recent
consultative papers published by the BCBS. The Agencies also propose to
revise the advanced approaches risk-based capital rule to be consistent
with Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010
(the ``Dodd-Frank Act''). These revisions include replacing reference
to credit ratings with alternative standards of creditworthiness
consistent with section 939A of the Dodd-Frank Act. Additionally, the
OCC and FDIC are proposing that the market risk capital rule be
applicable to federal and state savings associations, and the Board is
proposing that the advanced approaches and market risk capital rules
apply to top-tier savings and loan holding companies domiciled in the
United States that meet the applicable thresholds.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/30/12 77 FR 52977
NPRM Comment Period End............. 10/22/12
Final Rule.......................... 07/00/13
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Bobby R. Bean, Chief, Policy Section, Federal
Deposit Insurance Corporation, 550 17th Street NW., Washington, DC
20429, Phone: 202 898-3575, Email: [email protected].
Ryan Billingsley, Senior Policy Analyst, Federal Deposit Insurance
Corporation, 550 17th Street NW., Washington, DC 20429, Phone: 202 898-
3797, Email: [email protected].
Mark Handzlik, Senior Attorney, Federal Deposit Insurance
Corporation, 550 17th Street NW., Washington, DC 20429, Phone: 202 898-
3900, Email: [email protected].
Michael Phillips, Counsel, Legal Division, Federal Deposit
Insurance Corporation, 550 17th Street NW., Washington, DC 20429,
Phone: 202 898-3581, Email: [email protected].
RIN: 3064-AD97
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC)
Long-Term Actions
402. Recordkeeping Rules for Institutions Operating Under the
Exceptions or Exemptions for Banks From the Definitions of ``Broker''
or ``Dealer'' in the Securities Exchange Act of 1934
Legal Authority: 12 U.S.C. 1818; 12 U.S.C. 1819 (Tenth); 12 U.S.C.
1828(t)
Abstract: The Office of the Comptroller of the Currency, the Board
of Governors of the Federal Reserve System, and the Federal Deposit
Insurance Corporation requested comment on recordkeeping rules for
banks, savings associations, federal and state-licensed branches and
agencies of foreign banks, and Edge and agreement corporations that
engage in securities-related activities under the statutory exceptions
or regulatory exemptions for ``banks'' from the definitions of
``broker'' or ``dealer'' in section 3(a)(4)(B) or section 3(a)(5) of
the Securities Exchange Act of 1934. The rule is designed to facilitate
and promote compliance with these exceptions and exemptions.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ To Be Determined
------------------------------------------------------------------------
[[Page 44398]]
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Michael Phillips, Phone: 202 898-3581, Email:
[email protected].
RIN: 3064-AD80
[FR Doc. 2013-17084 Filed 7-22-13; 8:45 am]
BILLING CODE 6714-01-P