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FDIC Federal Register Citations

 [Federal Register: June 16, 2003 (Volume 68, Number 115)]
[Proposed Rules]               
[Page 35589-35612]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn03-15]                         
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DEPARTMENT OF THE TREASURY

 View Charts

Office of the Comptroller of the Currency

12 CFR Chap. I

[Docket No. 03-10]

BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM

12 CFR Chap. II

[Docket No. R-1151]

FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Chap. III

DEPARTMENT OF THE TREASURY

Office of Thrift Supervision

12 CFR Chap. V

[No. 2003-20]

 
Regulatory Publication and Review Under the Economic Growth and Regulatory Paperwork
Reduction Act of 1996

AGENCIES: Office of the Comptroller of the Currency (OCC), Treasury; 
Board of Governors of the Federal Reserve System (Board); Federal 
Deposit Insurance Corporation (FDIC); and Office of Thrift Supervision 
(OTS), Treasury.

ACTION: Notice of regulatory review; request for comments.

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SUMMARY: The OCC, Board, FDIC, and OTS (``we'' or ``the Agencies'') are 
beginning a review of our regulations to reduce burden imposed on 
insured depository institutions, as required by section 2222 of the 
Economic Growth and Regulatory Paperwork Reduction Act of 1996. We have 
categorized our regulations for the purpose of the review and propose 
to publish 12 categories of regulations for review between now and 
2006. The categories, and the regulations that the Agencies consider to 
be part of those categories, are detailed below. This review presents a 
significant opportunity to consider the possibilities for burden 
reduction among groups of similar regulations. We welcome comment on 
the categories, the order of review, and all other aspects of the 
project in order to maximize its effectiveness.
    Today, we are publishing our first in a series of public releases, 
comprising three of the categories--``Applications and Reporting,'' 
``Powers and Activities,'' and ``International Operations''--for public 
comment so as to identify outdated, unnecessary, or unduly burdensome 
regulatory requirements imposed on insured depository institutions. 
Since we will publish a series of releases containing requests for 
comment on the remaining categories, it is not recommended that burden 
reduction comments be submitted now for any regulations in other 
categories.

DATES: Written comments must be received no later than September 15, 2003.

ADDRESSES: Due to delays in paper mail delivery in the Washington area, 
commenters may prefer to submit their comments by alternate means. 
Comments should be directed to:

OCC: Public Information Room, Office of the Comptroller of the 
Currency, 250 E Street, SW., Mailstop 1-5, Washington, DC 20219, 
Attention: Docket No. 03-10. Comments will be available for public 
inspection and photocopying at the same location. You can make an 
appointment to inspect the comments by calling (202) 874-5043. 
Facsimiles: Send facsimile transmissions to FAX Number (202) 874-4448. 
E-mail: Send e-mails to regs.comments@occ.treas.gov. 
Board: Comments should refer to Docket No. R-1151 and should be mailed 
to Ms. Jennifer J. Johnson, Secretary, Board of Governors of the 
Federal Reserve System, 20th Street and Constitution Avenue, NW., 
Washington, DC 20551, or mailed electronically to 
regs.comments@federalreserve.gov. 
Members of the public may inspect comments in Room MP-500 of the Martin Building between
9 a.m. and 5 p.m. on weekdays in accordance with the Board's Rules Regarding 
Availability of Information, 12 CFR part 261.

FDIC: Mail: Written comments should be addressed to Robert E. Feldman, 
Executive Secretary, Attention: Comments, Federal Deposit Insurance 
Corporation, 550 17th Street, NW., Washington, DC 20429. Delivery: 
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. You also may

[[Page 35590]]

electronically mail comments to comments@fdic.gov. Public Inspection: 
Comments may be inspected and photocopied in the FDIC Public 
Information Center, Room 100, 801 17th Street, NW., Washington, DC 
20429, between 9 a.m. and 4:30 p.m. on business days.

OTS: Mail: Send comments to Regulation Comments, Chief Counsel's 
Office, Office of Thrift Supervision, 1700 G Street, NW., Washington, 
DC 20552, Attention: No.2003-20. Delivery: Hand deliver comments to the 
Guard's Desk, East Lobby Entrance, 1700 G Street, NW., from 9 a.m. to 4 
p.m. on business days, Attention: Regulation Comments, Chief Counsel's 
Office, Attention: No. 2003-20. Facsimiles: Send facsimile 
transmissions to FAX Number (202) 906--6518, Attention: No. 2003-20. E-
Mail: Send e-mails to regs.comments@ots.treas.gov, Attention: No. 2003-
20 and include your name and telephone number. Availability of 
Comments: OTS will post comments and the related index on the OTS 
Internet site at www.ots.treas.gov. In addition, you may inspect 
comments at the Public Reading Room, 1700 G Street, NW., by 
appointment. To make an appointment for access, call (202) 906-5922, 
send an e-mail to public.info@ots.treas.gov, or send a facsimile 
transmission to (202) 906-7755. (Please identify the material you would 
like to inspect to assist us in serving you.)

FOR FURTHER INFORMATION CONTACT:

OCC: Mark Tenhundfeld, Assistant Director, Legislative and Regulatory 
Activities Division, (202) 874-5090; Lee Walzer, Counsel, Legislative 
and Regulatory Activities Division, (202) 874-5090, Office of the 
Comptroller of the Currency, 250 E St., SW., Washington, DC 20219.
Board: Patricia A. Robinson, Senior Counsel, Legal Division, (202) 452-
3005; Michael J. O'Rourke, Counsel, Legal Division, (202) 452-3288; 
David G. Adkins, Supervisory Financial Analyst, Division of Banking 
Supervision and Regulation, (202) 452-5259; Federal Reserve Board, 20th 
St. and Constitution Ave., NW., Washington, DC 20551.
FDIC: Claude A. Rollin, Special Assistant to the Vice Chairman, (202) 
898-8741; Steven D. Fritts, Associate Director, Division of Supervision 
and Consumer Protection, (202) 898-3723; Ruth R. Amberg, Senior 
Counsel, Legal Division, (202) 898-3736; Thomas Nixon, Senior Attorney, 
Legal Division, (202) 898-8766; Federal Deposit Insurance Corporation, 
550 17th St., NW., Washington, DC 20429.
OTS: Robyn Dennis, Manager, Thrift Policy, Supervision Policy (202) 
906-5751; Karen Osterloh, Special Counsel, Regulations and Legislation 
Division, Chief Counsel's Office, (202) 906-6639; Office of Thrift 
Supervision, 1700 G Street, NW., Washington, DC 20552.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    Congress enacted section 2222 of the Economic Growth and Regulatory 
Paperwork Reduction Act of 1996 (Pub. L. 104-208, Sept. 30, 1996) 
(EGRPRA), as part of an effort to minimize unnecessary government 
regulation consistent with safety and soundness, consumer protection, 
and other public policy goals. Under section 2222, 12 U.S.C. 3311, the 
Agencies,\1\ jointly or individually, must categorize regulations by 
type, such as ``consumer regulations'' or ``safety and soundness'' 
regulations. Once we have established the categories, we must provide 
notice and ask for public comment on them. In particular, section 2222 
requires that we ask the public to identify areas of the regulations 
that are outdated, unnecessary, or unduly burdensome. The Agencies must 
issue these publications for comment at regular intervals such that all 
of the Agencies' categories of regulations are published for such 
comment within a 10 year cycle. The first publication cycle will end in 
September 2006. The EGRPRA review supplements and complements the 
reviews of regulations that the Agencies conduct under other laws and 
their internal policies.
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    \1\ The National Credit Union Administration (NCUA) has 
participated in the EGRPRA planning process and will separately 
issue a request for comment. Since the Federal Financial 
Institutions Examination Council (FFIEC) has not issued regulations 
that impose burden on insured institutions, we have not separately 
captioned the FFIEC in this notice.
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    Section 2222 requires a two-part regulatory response. First, the 
Agencies must publish in the Federal Register a summary of the comments 
received, identifying the significant issues raised and discussing 
those issues. Second, the Agencies must ``eliminate unnecessary 
regulations to the extent that such action is appropriate.'' The 
Agencies may prepare the regulatory response individually or jointly.
    Section 2222 further requires the FFIEC to submit a report to the 
Congress within 30 days after the Agencies publish the comment summary 
and discussion in the Federal Register. This report must summarize any 
significant issues raised by the public comments and the relative 
merits of those issues. The report also must analyze whether the 
appropriate Federal banking agency involved is able to address the 
regulatory burdens associated with the issues by regulation, or whether 
the burdens must be addressed by legislation.

II. The EGRPRA Review's Special Focus

    The regulatory review required by section 2222 provides a 
significant opportunity for the public and the Agencies to step back 
and look at groups of related regulations and identify possibilities 
for streamlining. The EGRPRA review's overall focus on the `forest' of 
regulations will, we hope, offer a new perspective in identifying 
opportunities to reduce regulatory burden. Of course, reducing 
regulatory burden must be consistent with ensuring the continued safety 
and soundness of insured depository institutions and appropriate 
consumer protections.
    EGRPRA also recognizes that burden reduction must be consistent 
with our statutory mandates, many of which currently require certain 
regulations. One of the significant aspects of the EGRPRA review 
program is the recognition that effective burden reduction in certain 
areas may require legislative change. We will be soliciting comment on, 
and reviewing the comments and regulations carefully for, the 
relationship among burden reduction, regulatory requirements, and 
statutory mandates. This will be a key aspect of the FFIEC report to 
the Congress.\2\
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    \2\ Institutions are also subject to regulations issued by other 
non-banking agencies, such as rules issued by the Department of 
Housing and Urban Development (under Real Estate Settlement 
Procedures Act of 1974) and by the Department of the Treasury (under 
the Bank Secrecy Act including rules required by the USA PATRIOT 
Act). The rules of these other agencies are beyond the scope of the 
EGRPRA review and the Agencies' jurisdictions. To the extent the 
Agencies receive comments raising significant issues regarding these 
related rules, however, we intend to identify the issues in the 
Report to Congress and will also notify the related agencies of the 
substance of the relevant comments.
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    The combination of considering the relationship of regulatory and 
statutory change on regulatory burden with the section 2222 requirement 
for grouping regulations by type provides the possibility for 
particularly effective burden reduction. It may be possible to identify 
statutes and regulations that share similar goals or complementary 
methods such that the regulatory requirements could be combined and 
overlapping requirements could be

[[Page 35591]]

eliminated. For example, it may be possible to combine certain types of 
applications to eliminate duplication.
    The EGRPRA review will complement the review to reduce burden and 
to increase uniformity of regulations among the Agencies, pursuant to 
section 303 of the Riegle Community Development and Regulatory 
Improvement Act of 1994 (Pub. L. 103-325, Sept. 23, 1994, 12 U.S.C. 
4803) (CDRI). The Agencies' section 2222 review will continue to try to 
eliminate inconsistencies among their regulations, although complete 
uniformity is not possible in light of differences in the types of 
regulated entities and the statutes that apply to them.
    The EGRPRA review can also significantly contribute to the 
Agencies' ongoing efforts to reduce regulatory burden. For example, 
since 1979, a formally adopted Federal Reserve policy has required the 
Board to review each of its regulations at least once every five years 
with a view toward eliminating, simplifying, or otherwise easing the 
burden of each regulation.\3\ The FDIC has a similar requirement, 
described in its policy ``Development and Review of FDIC Regulations 
and Policies.'' \4\ See also: FDIC Chairman Powell's initiative 
``Reducing Regulatory Burden'' at  http://www.fdic.gov. Under OCC 
policy in effect since the OCC undertook a comprehensive review of all 
of its regulations to reduce regulatory burden in the mid-1990s, the 
agency's regulation-writing process has sought to eliminate 
``regulatory requirements that are not necessary to ensure the safety 
and soundness of national banks, to support consumers' access to 
financial services, or to accomplish other aspects of the OCC's 
regulatory mission.'' \5\ See also, ``Remarks by John D. Hawke, Jr., 
Comptroller of the Currency, Before the Independent Community Bankers 
of America, Orlando, Florida, March 4, 2003'' at http://www.occ.treas.gov/ftp/release/2003-17a.pdf.
 Since the early 1990s OTS 
has worked to reduce regulatory burden through various regulatory 
review projects as well as Thrift Financial Report changes and 
revisions to Applications forms. OTS strives to produce risk-focused, 
efficient, and proactive regulations. OTS also, whenever possible, 
tailors its regulations to risks posed by particular institutions and 
writes its regulations and guidance in plain language.
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    \3\ Board Statement of Policy Regarding Expanded Rulemaking 
Procedures, 44 FR 3957, Jan. 19, 1979.
    \4\ FDIC Law, Regulations and Related Acts, pp. 5057-5058.
    \5\ OCC Bulletin 97-8 (January 7, 1997). Moreover, the OCC 
recognizes that a ``one-size-fits-all'' approach to regulation can 
be ineffective and burdensome, and tailors its regulations 
accordingly, taking into account factors such as the size of an 
institution. Id.
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    Further, the Agencies address the issue of regulatory burden every 
time they propose and adopt a rule. Under the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) and internal agency policies, the Agencies examine 
each rulemaking to minimize the burdens it might impose on the industry 
and consider various alternatives.\6\
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    \6\ The OCC and OTS also review regulations pursuant to 
Executive Order 12866 and the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4).
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    The Agencies also will use both the EGRPRA review and the 
individual reviews to identify and reduce burdens on small 
institutions. More than half of insured depository institutions are 
small--having $150 million in assets or less--as defined by the Small 
Business Administration. We are particularly concerned about burden on 
small institutions. When a new regulation is created or an old 
regulation is changed, small institutions must devote a large 
percentage of their staffs' time to review the regulation to determine 
if and how it will affect them. Compliance with a regulation also can 
take large amounts of time that cannot be devoted to serving customers 
or business planning. In a large institution, ensuring regulatory 
compliance can take many more hours; however, those hours make up a 
much smaller percentage of the institution's resources. In situations 
where a regulation is aimed at an activity engaged in primarily by 
large institutions, the compliance burden on small institutions can 
outweigh its benefit.
    Section 610 of the Regulatory Flexibility Act imposes a continuing 
requirement on agencies to review regulations that may have a 
significant economic impact on a substantial number of small entities, 
within 10 years after a final rulemaking is published. Although not all 
of the Agencies' rules must be reviewed pursuant to section 610, the 
Agencies are undertaking to review rules to the extent possible under 
the section 610 review criteria because of the importance of burden 
reduction to the many small institutions we regulate.

III. The Agencies' Proposed Plan

    The Agencies must categorize their regulations by type. Section 
2222 gives us authority to determine categories, and suggests two 
possible categories: ``consumer regulations'' and ``safety and 
soundness.'' The Agencies have regulations on more than 100 subjects 
covering a wide variety of topics from capital maintenance to the 
privacy of consumer financial information. Some of these regulations 
have been issued jointly and are as uniform as possible. Others were 
issued separately by the Agencies but implement common statutes or 
policies. These rules are listed as interagency rules to facilitate 
comparisons. Some regulations are issued by a single agency but are 
applicable to all types of insured institutions, such as the Board's 
Equal Credit Opportunity regulation or the FDIC's Deposit Insurance 
regulation. Other regulations are issued by a single agency and have 
more limited applicability. These rules are listed under the name of 
the issuing agency.
    The Agencies propose to seek public comment on 12 categories of 
their regulations that impose burden on insured institutions between 
now and 2006.\7\ The categories, in alphabetical order, are: 
Applications and Reporting; Banking Operations; Capital; Community 
Reinvestment Act; Consumer Protection; Directors, Officers and 
Employees; International Operations; Money Laundering; Powers and 
Activities; Rules of Procedure; Safety and Soundness; and Securities. 
We believe that these categories are logical groupings that are not so 
broad that the number of regulations presented in any one category 
would overwhelm potential commenters. The categories also reflect 
recognized areas of industry interest and specialization, or are 
particularly critical to the health of the banking system. We recognize 
that our regulations could be categorized in other ways and welcome 
recommendations about the categories and the regulations placed within 
them.
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    7\\ Consistent with section 2222's focus on reducing burden on 
insured institutions, the Agencies' EGRPRA review will not involve 
their internal organizational or operational regulations to the 
extent that those regulations impose no, or minimal, burden on 
insured institutions.
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    Although joint publication is not required by section 2222, the 
Agencies believe that joint publication of the regulation categories 
for public comment will be the most effective method for achieving 
EGRPRA's burden reduction goals. Joint publication and review also will 
help maintain the uniformity of regulations among the Agencies where 
possible. We are publishing three categories of rules for burden 
reduction comment today and plan to publish the remaining nine 
categories in roughly semiannual intervals, with 90-day comment periods 
for categories under review, throughout

[[Page 35592]]

the review period. We welcome recommendations on grouping the remaining 
categories and the order in which to publish them.
    After the conclusion of the comment period for each EGRPRA review 
notice published in the Federal Register, the Agencies will review the 
comments we have received and decide whether further action is 
appropriate with respect to the categories of regulations included in 
that notice. That decision will be made by the Agencies jointly in the 
case of rules that we have issued jointly. Any rulemaking to amend or 
revise those rules would similarly be undertaken jointly and the public 
will be provided with an opportunity to comment on any proposed 
amendment. This interagency rulemaking process will not, however, 
include rules issued by only one agency. Comments that address specific 
provisions of such a regulation will be carefully reviewed and 
incorporated in the detailed review of the relevant regulation 
conducted by the agency issuing the rule. Each agency will separately 
determine whether amendments to its own rules are appropriate in light 
of comments submitted during the EGRPRA review and, if so, will 
separately initiate rulemakings to modify its rules. Consistent with 
the spirit of CDRI, however, where individual agency rules implement 
common statutory or supervisory policies, the Agencies will work 
jointly to achieve uniformity.
    The Agencies have prepared three charts to assist public 
understanding of the organization of our section 2222 review. Chart A 
presents the three categories of regulations about which we are 
requesting burden reduction recommendations starting today. Chart B 
identifies regulations affecting United States (U.S.) branches, 
agencies, and representative offices of foreign banks, while Chart C 
presents the remaining nine categories on which we will seek comment. 
The categories in each of the charts are shown in numbered and shaded 
horizontal bands. In each, the left column divides the categories into 
more specific subject matter areas. The remaining columns are headed by 
the different types of financial institutions (e.g., national banks, 
etc. * * *).
    Generally, by reading down a column, a particular type of 
institution may identify the citation of the rule that applies to it. 
When one agency's regulation applies to institutions for which it is 
not the primary regulator, the citation for the subject is repeated 
across the columns.\8\ Interagency regulations are listed first, 
followed by regulations issued by the OCC, Board, FDIC, and OTS.
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    \8\ The charts have been provided as a convenience for the 
reader and should not be treated as a comprehensive listing of all 
rules applicable to a particular institution.
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    Foreign banks. Foreign banks operate in the U.S. both directly, 
through branches and agencies, and indirectly, through bank and nonbank 
subsidiaries. The U.S. operations of foreign banks as a whole do not 
fit neatly into the categories of Charts A and C. Consequently, Chart B 
supplements the International Operations category of Chart A by 
identifying the major regulations that apply only to U.S. branches, 
agencies, or representative offices of foreign banks. We have also 
footnoted the ``Holding Company'' column of Chart A to include foreign 
banks. (If a foreign bank operates a branch, agency or subsidiary 
commercial lending company in the U.S., it is subject to the Bank 
Holding Company Act as if it were a bank holding company.) \9\
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    \9\ There are a number of regulations that apply to branch or 
agency operations because of the type of activity in which the 
office engages rather than because it is a branch or agency. These 
regulations govern such areas as consumer protection, customer 
privacy, and securities regulation. Foreign banks may wish to 
comment on these regulations at such time as they are published for 
comment.
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IV. Request for Burden Reduction Recommendations About the First Three 
Categories of Regulations: ``Applications and Reporting,'' ``Powers and 
Activities,'' and ``International Operations''

    The Agencies are asking the public to identify and comment upon 
areas of regulations within three categories--``Applications and 
Reporting,'' ``Powers and Activities,'' and ``International 
Operations''--that impose outdated, unnecessary, or unduly burdensome 
regulatory requirements on insured depository institutions. It is not 
necessary for the public to provide burden reduction recommendations 
about categories of rules other than these three categories at this 
time since we will publish the remaining categories before the end of 
the first review cycle in 2006. Comments that cite particular 
provisions or language, and provide reasons why such provisions should 
be changed, would be most helpful to the Agencies' review efforts. 
Suggested alternative provisions or language, where appropriate, would 
also be helpful. If the implementation of a comment would require 
modifying a statute that underlies the regulation, the comment should, 
if possible, identify the needed statutory change.
    Specific issues for commenters to consider. While all comments 
related to any aspect of section 2222 are welcome, the Agencies 
specifically invite comment on the following issues:
    [sbull] Need for statutory change. Do the statutes impose 
unnecessary requirements? Are any of the statutory requirements 
underlying these categories imposing redundant, conflicting or 
otherwise unduly burdensome regulatory requirements?
    [sbull] Need and purpose of the regulations. Do the regulations in 
these categories fulfill current needs? Have industry or other 
circumstances changed since a regulation was written such that the 
regulation is no longer necessary? Have there been shifts within the 
industry or consumer actions that suggest a re-focus of the underlying 
regulations? Do any of the regulations in these categories impose 
burdens not required by their authorizing statutes?
    [sbull] Overarching approaches / flexibility of the regulatory 
standards. Generally, is there a different approach to regulating that 
the Agencies could use that would achieve statutory goals while 
imposing less burden? Do any of the regulations in these categories or 
the statutes underlying them impose unnecessarily inflexible 
requirements?
    [sbull] Effect of the regulations on competition. Do any of the 
regulations in these categories or the statutes underlying them create 
competitive disadvantages for one part of the financial services 
industry compared to another?
    [sbull] Reporting, recordkeeping and disclosure requirements. Do 
any of the regulations in these categories or the statutes underlying 
them impose particularly burdensome reporting, recordkeeping or 
disclosure requirements? Are any of these requirements similar enough 
in purpose and use so that they could be consolidated? Which, if any, 
of these requirements could be fulfilled electronically to reduce their 
burden?
    [sbull] Consistency and redundancy. Do any of the regulations in 
these categories impose inconsistent or redundant regulatory 
requirements that are not warranted by the circumstances?
    [sbull] Clarity. Are the regulations in these categories and the 
underlying statutes drafted in clear and easily understood language? 
Are there specific regulations or underlying statutes that need 
clarification?
    [sbull] Burden on small insured institutions. The Agencies have a 
particular interest in minimizing burden on small insured institutions 
(those with assets of $150 million or less). The Agencies solicit 
comment on whether any regulations within these categories should be 
continued without change, or

[[Page 35593]]

amended or rescinded in order to minimize any significant economic 
impact the regulations may have on a substantial number of small 
insured institutions.

BILLING CODE 4810-33, 6210-01, 6714-01, 6720-01-P

[[Page 35594]]

Charts10

Chart A.  Regulations about which Burden Reduction Recommendations Are
 Requested Currently

Subject

National Banks

State Member Banks

State Non-Member Banks

Thrifts

Holding Companies
Bank
11
- - - - - - - -
Thrift

 1.  Applications and Reporting

  Interagency Regulations

Bank Merger Act

12 CFR 5.33

12 CFR 262.3 (application processing and notice provisions only)

12 CFR 303.60

12 CFR 563.22 (also includes bulk asset transfers and thrift-to-bank conversions)

 

Change in Bank Control

12 CFR 5.50

12 CFR 308.110- 118

12 CFR Part 574 (includes control under the Savings and Loan Holding Company Act); See also: 12 CFR  563.181 (Change of Control of Mutual Savings Associations)

Subpart E [Reg. Y]
- - - - - - - -
(control under the Savings and Loan Holding Company Act)

Notice of Addition or Change of Directors

12 CFR 5.51

Subpart H [Reg. Y]

12 CFR Part 303, Subpart F

12 CFR Part 563, Subpart H; See also: (Change of Officer or Director After a Change in Control)

-
12 CFR Part 563, Subpart H; See also (Change of Officer or Director After a Change in Control)

  OCC Regulations   

Rules, Policies, and Procedures for Corporate Activities

12 CFR Part 5 (Generally)

       

  Board Regulations  

Holding Companies – Formations, Acquisitions and Nonbanking Activities

       

12 CFR Part 225, Subparts A, B, C, D, and I, App. C [Reg. Y]; 12 CFR 262.3
- - - - - - - -

State Member Banks

 

12 CFR Part 208, Subparts A, B, and G [Reg. H]; 12 CFR Part 209 [Reg. I];
12 CFR 262.3

     

   FDIC Regulations

Call Reports and Other Forms, Instructions and Reports

  (excluding 304.3(d))

12 CFR Part 304 (excluding 304.3(d))

12 CFR Part 304

   

Deposit Insurance Filing Procedures

12 CFR Part 303, Subpart B

12 CFR Part 303, Subpart B

12 CFR Part 303, Subpart B

12 CFR Part 303, Subpart B

 

Extension of Corporate Powers – General Character of Business

   

12 CFR 333.1-.2

   

Filing Procedures and Delegations of Authority

   

12 CFR Part 303

   

Mutual-to-stock conversion

   

12 CFR Part 303, Subparts H and I;
12 CFR 333.4

   

   OTS Regulations

Application Processing Procedures

     

12 CFR Part 516 (Additional OTS application and notice requirements are associated with specific regulations included elsewhere on this list.  E.g., fiduciary powers applications, 12 CFR Part 550; subsidiary activities,
12 CFR Part 559)


- - - - - - - -
(Additional OTS application and notice requirements are associated with specific regulations included elsewhere on this list.  E.g., holding company applications 12 CFR Parts )

Capital Distributions

     

12 CFR Part 563, Subpart E

 

Federal Mutual Savings   Associations – Incorporation, Organization and Conversion; or Merger, Dissolution, Reorganization and Conversion

     

12 CFR Parts 543, 546

 

Federal Stock Savings Associations– Incorporation, Organization and Conversion

     

12 CFR Part 552

 

Mutual to Stock Conversions

     

12 CFR Part 563b

 

Offices

     

12 CFR 545.92-.96

 

Regulatory Reporting Standards; Other Reporting Requirements; and Recordkeeping

     

12 CFR Part 562;
12 CFR 563.170;
12 CFR 563.180


- - - - - - - -
;
12 CFR 563.180b);
12 CFR 563.170

Subject

National Banks

State Member Banks

State Non-Member Banks

Thrifts

Holding Companies

Bank
- - - - - - - -
Thrift

  2.  Powers and Activities

   OCC Regulations

Bank Activities and Operations

12 CFR Part 7, Subparts A, D, and E

       

Community Development Corporations, Community Development Projects, and Other Public Welfare Investments

12 CFR Part 24

       

Debt Cancellation Contracts and Debt Suspension Agreements

12 CFR Part 37

       

Fiduciary Activities of National Banks

12 CFR Part 9

       

Investment in Bank Premises

12 CFR 5.37

       

Investment Securities

12 CFR Part 1

12 CFR Part 1

     

Leasing

12 CFR Part 23

       

Real Estate Lending

12 CFR Part 34, Subparts
A and B

       

Sales of Credit Life Insurance

12 CFR Part 2

       

   Board Regulations 

Bank Holding Companies and Financial Holding Companies

       

12 CFR Part 225, Subparts A, B, C, F, I, and J [Reg. Y]
- - - - - - - -

State Member Banks

 

12 CFR Part 208, Subparts A, B, and G [Reg. H]

     

  FDIC Regulations

Activities of Insured State Banks

 

12 CFR Part 362, Subpart A; 12 CFR Part 303, Subpart G

12 CFR Part 362, Subparts A, B, and E; 12 CFR Part 303, Subpart G

   

Activities of Insured State Savings Associations

     

12 CFR Part 362, Subparts C and D; 12 CFR Part 303, Subpart H

 

  OTS Regulations

Deposits

     

12 CFR Parts 557, (definitions)

 

Electronic Operations

     

12 CFR Part 555

 

Fiduciary Powers of Savings Associations

     

12 CFR Part 550

 

General

     

12 CFR Part 545; See also: provisions on chartering, organization and bylaws at 12 CFR Part 552 (Federal Stock Savings Associations); 12 CFR Parts (Federal Mutual Savings Associations)

 

Lending and Investment

     

12 CFR Part 560

 

Mutual Holding Companies

       


- - - - - - - -
12 CFR Part 575

Preemption of State Due-On-Sale Laws (Implementation of Garn-St Germain)

12 CFR Part 591

12 CFR Part 591

12 CFR Part 591

12 CFR Part 591

12 CFR Part 591
- - - - - - - -
12 CFR Part 591

Preemption of State Usury Laws (Implementation of DIDMCA)

12 CFR Part 590

12 CFR Part 590

12 CFR Part 590

12 CFR Part 590

12 CFR Part 590
- - - - - - - -
12 CFR Part 590

Savings and Loan Holding Companies

       


- - - - - - - -
12 CFR Parts
584

Subordinate Organizations

     

12 CFR Part 559

 

Subject

National Banks

State Member Banks

State Non-Member Banks

Thrifts

Holding Companies
Bank
- - - - - - - -
Thrift

 3.  International Operations 12

  Interagency Regulations

International Lending Supervision

12 CFR Part 28, Subpart C

12 CFR Part 211, Subpart D [Reg. K]

12 CFR Part 347, Subpart C

 

12 CFR Part 211, Subpart D [Reg. K]


- - - - - - - -

  OCC Regulations

Foreign Operations of National Banks

12 CFR Part 28, Subpart A

       

  Board Regulations

International Operations of U.S. Banking Organizations

12 CFR 211.1-.4, 211.8-.13 [Reg. K, Subpart A]

12 CFR 211.8-.13 [Reg. K, Subpart A]

   

12 CFR 211.1-.4, 211.8-.13 [Reg. K, Subpart A]


- - - - - - - -

Edge and Agreement Corporations

12 CFR 211.5-.7 [Reg. K, Subpart A]

12 CFR 211.5-.7 [Reg. K, Subpart A]

   

12 CFR 211.5-.7 [Reg. K, Subpart A]


- - - - - - - -

Foreign Banking Organizations

       

12 CFR Part 211, Subpart B [Reg. K]
- - - - - - - -

Export Trading Companies

       

12 CFR Part 211, Subpart C [Reg. K]
- - - - - - - -

  FDIC Regulations

Foreign Branching and Investment by Insured State Nonmember Banks

   

12 CFR Part 347, Subpart A;
12 CFR Part 303, Subpart J

   

Chart B.   U.S.  Branches, Agencies, and Representative Offices of Foreign Banks

Subject

Federal Branches and Agencies

State Branches, Agencies, and Representative Offices

Federal and State Insured Branches

 

  OCC Regulations

12 CFR Part 28, Subpart B

x

   

  Board Regulations

, Subpart B

x (except for 12 CFR 211.28-.29)

x

x

  FDIC Regulations

12 CFR Part 347, Subpart B

   

x

12 CFR Part 303, Subpart J

   

x

Chart C.  Categories and Regulations about which the Agencies Will Seek Comment Later

Subject

National Banks

State Member Banks

State Non-Member Banks

Thrifts

Holding Companies
Bank
13
- - - - - - - -
Thrift

  1.  Banking Operations

  Interagency Regulations

Prohibition of Payment of Interest on Demand Deposits

12 CFR Part 217 [Reg. Q]

12 CFR Part 217 [Reg. Q]

12 CFR Part 329

12 CFR 561.16

 

  OCC Regulations   

Assessment of Fees

12 CFR Part 8

       

Bank Operations

12 CFR Part 7, Subpart C

       

  Board Regulations

Availability of Funds and Collection of Checks

12 CFR Part 229 [Reg. CC]

12 CFR Part 229 [Reg. CC]

12 CFR Part 229 [Reg. CC]

12 CFR Part 229 [Reg. CC]

 

Collection of Checks and Other Items by Federal Reserve Banks and Funds Transfers Through Fedwire

12 CFR Part 210 [Reg. J]

12 CFR Part 210 [Reg. J]

12 CFR Part 210 [Reg. J]

12 CFR Part 210 [Reg. J]

 

Reimbursement for Providing Financial Records; Recordkeeping Requirements for Certain Financial Records

12 CFR Part 219 [Reg. S]

12 CFR Part 219 [Reg. S]

12 CFR Part 219 [Reg. S]

12 CFR Part 219 [Reg. S]

 

Reserve Requirements of Depository Institutions

12 CFR Part 204 [Reg. D]

12 CFR Part 204 [Reg. D]

12 CFR Part 204 [Reg. D]

12 CFR Part 204 [Reg. D]

 

The Payment System Risk Reduction Policy

Federal Reserve Regulatory Service     9-1000

Federal Reserve Regulatory Service   9-1000

Federal Reserve Regulatory Service        9-1000

Federal Reserve Regulatory Service     9-1000

 

  FDIC Regulations    

Assessments

12 CFR Part 327

12 CFR Part 327

12 CFR Part 327

12 CFR Part 327

 

Assessment of Fees upon Entrance to or Exit from the Bank Insurance Fund or the Savings Association Insurance Fund

12 CFR Part 312

12 CFR Part 312

12 CFR Part 312

12 CFR Part 312

 

Determination of Economically Depressed Regions

     

12 CFR Part 357

 

  OTS Regulations    

Assessments and Fees

     

12 CFR Part 502


- - - - - - - -
12 CFR Part 502

Subject

National Banks

State Member Banks

State Non-Member Banks

Thrifts

Holding Companies
Bank
- - - - - - - -
Thrift

 2.  Capital

  Interagency Regulations

Prompt Corrective Action

12 CFR Part 6

12 CFR  Part 208, Subpart D [Reg. H]; 12 CFR 263.201-.205

12 CFR Part 325, Subpart B

12 CFR Part 565

12 CFR 208.44(i); 12 CFR 263.201-.202, .205
- - - - - - - -
12 CFR 565.5(i); 12 CFR 565.7; 12 CFR 565.10

Risk-Based and Leverage Capital Adequacy Standards

12 CFR Part 3

12 CFR 208.4; 12 CFR Part 208, App. A, B, and E [Reg. H]; 12 CFR Part 263, Subpart E

12 CFR Part 325, Subpart A and all Appendices

12 CFR Part 567; 12 CFR  563.81

12 CFR Part 225, App. A, B, D, and E [Reg. Y]; 12 CFR Part 263, Subpart E
- - - - - - - -

  OCC Regulations

Changes in Permanent Capital; Subordinated Debt as Capital

12 CFR 5.46-.47

       

Subject

National Banks

State Member Banks

State Non-Member Banks

Thrifts

Holding Companies

Bank
- - - - - - - -
Thrift

  3.  Community Reinvestment Act14

  Interagency Regulations

Community Reinvestment Act

12 CFR Part 25

12 CFR Part 228 [Reg. BB]

12 CFR Part 345

12 CFR Part 563e

12 CFR 228.29
- - - - - - - -
12 CFR 563e.29

Disclosure and Reporting of CRA-Related Agreements

12 CFR Part 35

12 CFR Part 207 [Reg. G]

12 CFR Part 346

12 CFR Part 533

12 CFR Part 207 [Reg. G]
- - - - - - - -
12 CFR Part 533

Subject

National Banks

State Member Banks

State Non-Member Banks

Thrifts

Holding Companies
Bank
- - - - - - - -
Thrift

 4.  Consumer Protection

  Interagency Regulations

Consumer Protection in Sales of Insurance

12 CFR Part 14

12 CFR Part 208, Subpart H [Reg. H]

12 CFR Part 343

12 CFR Part 536

 

Fair Housing

12 CFR Part 27

 

12 CFR Part 338

12 CFR Part 528 (including other nondiscrimination requirements)

 

Loans in Identified Flood Hazard Areas

12 CFR Part 22

12 CFR 208.25 [Reg. H]

12 CFR Part 339

12 CFR Part 572

 

Privacy of Consumer Financial Information

12 CFR Part 40

12 CFR Part 216 [Reg. P]

12 CFR Part 332

12 CFR Part 573

12 CFR Part 216 [Reg. P]


- - - - - - - -

Prohibition Against Use of Interstate Branches Primarily for Deposit Production

12 CFR Part 25, Subpart E

12 CFR 208.7 [Reg. H]

12 CFR Part 369

 

12 CFR 208.7 [Reg. H]
- - - - - - - -

Safeguarding Customer Information

12 CFR Part 30, App. B

12 CFR Part 208, App. D-2 [Reg. H]

12 CFR Part 364, App. B

12 CFR Part 570, App. B

12 CFR 225.4(h); 12 CFR Part 225, App. F
- - - - - - - -

Unfair or Deceptive Acts or Practices

12 CFR Part 227 [Reg. AA]

12 CFR Part 227 [Reg. AA]

12 CFR Part 227 [Reg. AA]

12 CFR Part 535

 

  Board Regulations

Consumer Leasing

12 CFR Part 213 [Reg. M]

12 CFR Part 213 [Reg. M]

12 CFR Part 213 [Reg. M]

12 CFR Part 213 [Reg. M]

12 CFR Part 213 [Reg. M]
- - - - - - - -
12 CFR Part 213 [Reg. M]

Electronic Fund Transfers

12 CFR Part 205 [Reg. E]

12 CFR Part 205 [Reg. E]

12 CFR Part 205 [Reg. E]

12 CFR Part 205 [Reg. E]

 

Equal Credit Opportunity

12 CFR Part 202 [Reg. B]

12 CFR Part 202 [Reg. B]

12 CFR Part 202 [Reg. B]

12 CFR Part 202 [Reg. B]

12 CFR Part 202 [Reg. B]
- - - - - - - -

12 CFR Part 202 [Reg. B]

Home Mortgage Disclosure Act

12 CFR Part 203 [Reg. C]

12 CFR Part 203 [Reg. C]

12 CFR Part 203 [Reg. C]

12 CFR Part 203 [Reg. C]

12 CFR Part 203 [Reg. C]
- - - - - - - -

12 CFR Part 203 [Reg. C]

Truth in Lending

12 CFR Part 226 [Reg. Z]

12 CFR Part 226 [Reg. Z]

12 CFR Part 226 [Reg. Z]

12 CFR Part 226 [Reg. Z]

12 CFR Part 226 [Reg. Z]
- - - - - - - -
12 CFR Part 226 [Reg. Z]

Truth in Savings

12 CFR Part 230 [Reg. DD]

12 CFR Part 230 [Reg. DD]

12 CFR Part 230 [Reg. DD]

12 CFR Part 230 [Reg. DD]

 

  FDIC Regulations   

Advertisement of Membership

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

 

Notification of Changes of Insured Status

12 CFR Part 307

12 CFR Part 307

12 CFR Part 307

   

  OTS Regulations    

Advertising

     

12 CFR 563.27

 

Tying Restriction Exception

     

12 CFR 563.36


- - - - - - - -
12 CFR 563.36

Subject

National Banks

State Member Banks

State Non-Member Banks

Thrifts

Holding Companies
Bank
- - - - - - - -
Thrift

  5.  Directors, Officers and Employees

  Interagency Regulations

Disclosure of Financial Information

12 CFR Part 18

 

12 CFR Part 350

   

Golden Parachute and Indemnification Programs

12 CFR Part 359

12 CFR Part 359

12 CFR Part 359

12 CFR Part 359; See also: 12 CFR 545.121

12 CFR Part 359
- - - - - - - -
12 CFR Part 359

Limits on Extensions of Credit to Executive Officers, Directors and Principal Shareholders; Related Disclosure Requirements

12 CFR Part 31

12 CFR Part 215 [Reg. O]

12 CFR 337.3; 12 CFR Part 349

12 CFR 563.43

 

Management Official Interlocks

12 CFR Part 26

12 CFR Part 212 [Reg. L]

12 CFR Part 348

12 CFR Part 563f

12 CFR Part 212 [Reg. L]
- - - - - - - -
12 CFR Part 563f

  OCC Regulations   

Bank Activities and Operations – Corporate Practices

12 CFR Part 7, Subpart B

       

  OTS Regulations  

Board of Directors Composition

12 CFR 563.33

Bond Coverage

     

12 CFR 563.190-.191

 

Employment Contracts, Compensation, Pension Plans

     

12 CFR 563.39; 12 CFR 563.47; 12 CFR 563.161

 

Restrictions on Transactions with Officers, Directors, and Others

     

12 CFR 560.130; 12 CFR 563.200-.201


- - - - - - - -
12 CFR 563.200-.201

Subject

National Banks

State Member Banks

State Non-Member Banks

Thrifts

Holding Companies
Bank
- - - - - - - -
Thrift

6.  Money Laundering

  Interagency Regulations

Bank Secrecy Act Compliance

12 CFR Part 21, Subpart C

12 CFR 208.63 [Reg. H]

12 CFR Part 326, Subpart B

12 CFR 563.177

 

Reports of Crimes or Suspected Crimes

12 CFR Part 21, Subpart B

12 CFR 208.62-.63 [Reg. H]

12 CFR Part 353

12 CFR 563.180(d)

12 CFR 225.4(f)
- - - - - - - -

Subject

National Banks

State Member Banks

State Non-Member Banks

Thrifts

Holding Companies
Bank
- - - - - - - -
Thrift

  7.  Rules of Procedure

  Interagency Regulations

Uniform Rules of Practice and Procedure

12 CFR Part 19

12 CFR Part 263

12 CFR Part 308

12 CFR Part 509

12 CFR Part 263
- - - - - - - -
12 CFR Part 509

  OCC Regulations  

Voluntary Liquidation

12 CFR 5.48

       

  FDIC Regulations  

Resolution and Receivership Rules

12 CFR Part 360

12 CFR Part 360

12 CFR Part 360

12 CFR Part 360

 

Restrictions on Sale of Assets by the Federal Deposit Insurance Corporation

12 CFR Part 340

12 CFR Part 340

12 CFR Part 340

12 CFR Part 340

 

  OTS Regulations  

Investigative Proceedings and Formal Examinations

     

12 CFR Part 512


- - - - - - - -
12 CFR Part 512

Possession by Conservators and Receivers for Federal and State Savings Associations

     

12 CFR Part 558

 

Removals, Suspensions and Prohibitions Where a Crime is Charged or Proven

     

12 CFR Part 508


- - - - - - - -
12 CFR Part 508

Subject

National Banks

State Member Banks

State Non-Member Banks

Thrifts

Holding Companies

Bank
- - - - - - - -
Thrift

8.  Safety and Soundness

  Interagency Regulations

Appraisal Standards for Federally Related Transactions

12 CFR Part 34, Subpart C

12 CFR 208.50 [Reg. H]; 12 CFR Part 225, Subpart G [Reg. Y]

12 CFR Part 323

12 CFR Part 564

12 CFR Part 225, Subpart G [Reg. Y]
- - - - - - - -

Frequency of Safety and Soundness Examination

12 CFR 4.6-.7

12 CFR 208.64

12 CFR 337.12

12 CFR 563.171 (See also: 12 CFR 563.170)

 

Lending Limits

12 CFR Part 32

12 CFR Part 215, Subpart A

 

12 CFR 560.93

 

Real Estate Lending Standards

12 CFR Part 34, Subpart D

12 CFR Part 208, Subpart E and App. C [Reg. H]

12 CFR Part 365

12 CFR 560.100,; 12 CFR 563.101

 

Security Devices and Procedures

12 CFR Part 21, Subpart A

12 CFR 208.61 [Reg. H]

12 CFR Part 326, Subpart A

12 CFR Part 568

 

Standards for Safety and Soundness

12 CFR Part 30

12 CFR Part 208, App. D-1 [Reg. H]

12 CFR Part 364

12 CFR Part 570

 

Transactions with Affiliates

12 CFR Part 223 [Reg. W]; 12 CFR Part 31

12 CFR Part 223 [Reg. W]

 

12 CFR 563.41

 

  OCC Regulations 

Other Real Estate Owned

12 CFR Part 34, Subpart E

       

  Board Regulations

Extensions of Credit by Federal Reserve Banks

12 CFR Part 201 [Reg. A]

12 CFR Part 201 [Reg. A]

12 CFR Part 201 [Reg. A]

12 CFR Part 201 [Reg. A]

 

Limitations on Interbank Liabilities

12 CFR Part 206 [Reg. F]

12 CFR Part 206 [Reg. F]

12 CFR Part 206 [Reg. F]

12 CFR Part 206 [Reg. F]

 

  FDIC Regulations   

Annual Independent Audits and Reporting Requirements

12 CFR Part 363

12 CFR Part 363

12 CFR Part 363

12 CFR Part 363; See also: OTS, 12 CFR 562.4

 

Unsafe and Unsound Banking Practices (Standby Letters of Credit and Brokered Deposits)

   

12 CFR 337.2; 12 CFR 337.6

   

  OTS Regulations

Audits of Savings Associations and Savings Association Holding Companies

     

12 CFR 562.4, See also: FDIC, 12 CFR Part 363


- - - - - - - -

12 CFR 562.4

Financial Management Policies

     

12 CFR Part 563, Subpart F


- - - - - - - -
12 CFR 563.170

Lending and Investment – Additional Safety and Soundness Limitations

     

12 CFR Part 560

 

Subject

National Banks

State Member Banks

State Non-Member Banks

Thrifts

Holding Companies
Bank
- - - - - - - -
Thrift

  9.  Securities

  Interagency Regulations

Banks as Registered Clearing Agencies

12 CFR 19.135

12 CFR 208.32-33 [Reg. H]

12 CFR Part 308, Subpart S

   

Banks as Securities Transfer Agents

12 CFR 9.20

12 CFR 208.31 [Reg. H]

12 CFR Part 341

   

Government Securities Sales Practices

12 CFR Part 13

12 CFR 208.37 [Reg. H]

12 CFR Part 368

   

Recordkeeping and Confirmation of Securities Transactions Effected by Banks

12 CFR Part 12

12 CFR 208.34 [Reg. H]

12 CFR Part 344

12 CFR Part 551

 

Reporting Requirements for Reported Securities Under the Securities Exchange Act of 1934

12 CFR Part 11

12 CFR 208.36 [Reg. H]

12 CFR Part 335

12 CFR Part 563d

 

Securities Offerings

12 CFR Part 16

   

12 CFR Part 563g

 

  OCC Regulations

Municipal Securities Dealer Activities of Banks

12 CFR Part 10

       

  Board Regulations

Credit by Banks and Persons Other than Brokers or Dealers for the Purpose of Purchasing or Carrying Margin Stock

12 CFR Part 221 [Reg. U]

12 CFR Part 221 [Reg. U]

12 CFR Part 221 [Reg. U]

12 CFR Part 221 [Reg. U]

12 CFR Part 221 [Reg. U]
- - - - - - - -
12 CFR Part 221 [Reg. U]

  OTS Regulations

Accounting Requirements/Financial Statements

     

12 CFR Part 563c

 

Proxies

     

12 CFR Part 569

 

Rules on the Issuance and Sale of Institution Securities

     

12 CFR 563.5; 12 CFR Part 563, Subpart C

 
 
_____________________________________________

10 The Agencies have attempted to make these charts as user friendly as possible.  Inevitably, some oversimplification may have occurred.  The Agencies have developed these charts solely to facilitate the comment process.

11 Foreign banking organizations that conduct banking operations in the U.S., either directly through branches and agencies or indirectly through U.S. bank subsidiaries or commercial lending company subsidiaries, generally are subject to the same regulatory regime as domestic bank holding companies.

12 Regulations applicable solely to U.S. branches and agencies of foreign banks are addressed in Chart B.

13 Foreign banking organizations that conduct banking operations in the U.S., either directly through branches and agencies or indirectly through U.S. bank subsidiaries or commercial lending company subsidiaries, generally are subject to the same regulatory regime as domestic bank holding companies.

14 Community development regulations are being published for comment as part of the Powers and Activities category.


    Dated: June 3, 2003.
John D. Hawke, Jr.,
Comptroller of the Currency.
    By order of the Board of Governors of the Federal Reserve 
System, June 9, 2003.
Jennifer J. Johnson,
Secretary of the Board.
    By order of the Board of Directors.

    Federal Deposit Insurance Corporation.

    Dated in Washington, DC, this 10 day of June, 2003.
Robert E. Feldman,
Executive Secretary.
    Dated: May 29, 2003.
James E. Gilleran,
Director, Office of Thrift Supervision.
[FR Doc. 03-15088 Filed 6-13-03; 8:45 am]
BILLING CODE 4810-33, 6210-01, 6714-01, 6720-01-P
Last Updated 01/6/2009 regs@fdic.gov