Unknown. Final rule; correcting amendments
2,421 words·~11 min read·
/register/2018/01/08/2018-00062A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2018-01-08.xml --- 83 5 Monday, January 8, 2018 Contents Agency Toxic Agency for Toxic Substances and Disease Registry NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 814-815 2018-00141 Army Army Department NOTICES Meetings: Lake Eufaula Advisory Committee, 794-795 2018-00102 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 815-818 2018-00140 2018-00142 Sex-Specific Body Mass Index-For-Age Growth Charts, 818 2018-00060 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 819 2018-00086 Commerce Commerce Department See Economic Development Administration See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration RULES Civil Monetary Penalty Adjustments for Inflation, 706-709 2017-28230 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 783 2018-00085 Commodity Futures Commodity Futures Trading Commission NOTICES Meetings: Market Risk Advisory Committee, 794 2018-00111 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 939-966 2018-00122 Defense Department Defense Department See Army Department Drug Drug Enforcement Administration NOTICES Importers of Controlled Substances; Registrations, 836 2018-00118 Economic Development Economic Development Administration NOTICES Meetings:
National Advisory Council on Innovation and Entrepreneurship, 784 2018-00139 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Impact Evaluation of Departmentalized Instruction in Elementary Schools, 795-796 2018-00108 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Public Notification Requirements for Combined Sewer Overflows to Great Lakes Basin, 712-732 2017-27948 PROPOSED RULES Air Quality State Implementation Plans;
Approvals and Promulgations: California; Yolo-Solano Air Quality Management District, 764-768 2018-00025 Colorado; Control of Emissions from Existing Commercial and Industrial Solid Waste Incineration Units, 768-770 2018-00115 Federal Aviation Federal Aviation Administration NOTICES Meetings: Thirty Seventh RTCA SC-213 Enhanced Flight Vision Systems/Synthetic Vision Systems Plenary Joint with EUROCAE WG-79, 937 2018-00061 Proposed Land Use Waivers: Akron-Canton Airport, North Canton, OH, 937-939 2018-00128 2018-00129 Federal Communications Federal Communications Commission RULES 2014 Quadrennial Regulatory Review, 733-757 2017-28329 Intergovernmental Advisory Committee;
Expansion, 732-733 2018-00015 PROPOSED RULES Advanced Methods to Target and Eliminate Unlawful Robocalls, 770-774 2018-00100 Rules and Policies to Promote New Entry and Ownership Diversity in Broadcasting Services, 774-780 2017-28328 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 939-966 2018-00122 Participation in Conduct of Affairs of Insured Depository Institution by Persons Who Have Been Convicted or Have Entered Pretrial Diversion or Similar Program for Certain Offenses Pursuant to Section 19 of Federal Deposit Insurance Act, 807-813 2017-28222 Federal Election Federal Election Commission NOTICES Meetings;
Sunshine Act, 813 2018-00211 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Florida Gas Transmission Co., LLC, 801-802 2018-00090 Combined Filings, 796-799, 802-804 2018-00097 2018-00098 2018-00124 2018-00125 Environmental Assessments; Availability, etc.: Natural Gas Pipeline Co. of America, LLC; Herscher Northwest Storage Field Abandonment Project, 805-807 2018-00089 Transcontinental Gas Pipe Line Co., LLC; Gateway Expansion Project, 800-801 2018-00091 Institution of Section 206 Proceedings:
Southern California Edison Co., 799-800 2018-00092 License Applications: Washington Electric Coop., Inc., 804-805 2018-00127 Meetings: PacifiCorp, Klamath River Renewal Corp.; Tribal Consultation, 798 2018-00126 Federal Reserve Federal Reserve System RULES Regulatory Capital Rules; Correction, 705-706 2018-00062 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 939-966 2018-00122 Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 814 2018-00064 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 813 2018-00063 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Adverse Experience Reporting for Licensed Biological Products; General Records, 819-821 2018-00095 Health and Human Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Requests for Nominations:
National Advisory Council on Migrant Health, 822 2018-00096 Homeland Homeland Security Department See U.S. Customs and Border Protection Industry Industry and Security Bureau RULES Revisions, Clarifications, and Technical Corrections to Export Administration Regulations; Correction, 709-711 2018-00059 Interior Interior Department See Ocean Energy Management Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Magnesium Metal from the People's Republic of China, 789-791 2018-00113 Determinations of Sales at Less Than Fair Value: Citric Acid and Certain Citrate Salts from Belgium, 787-789 2018-00133 Citric Acid and Certain Citrate Salts from Colombia, 791-793 2018-00131 Citric Acid and Certain Citrate Salts from Thailand, 784-787 2018-00132 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Mobile Electronic Devices and Radio Frequency and Processing Components Thereof (II), 834-835 2018-00105 Certain Self-Anchoring Beverage Containers, 835-836 2018-00104 Justice Department Justice Department See Drug Enforcement Administration National Institute National Institutes of Health NOTICES Government-Owned Inventions;
Available for Licensing, 822-823 2018-00121 Meetings: Interagency Coordinating Committee on Validation of Alternative Methods Communities of Practice Webinar on Machine Learning in Toxicology: Fundamentals of Application and Interpretation, 823-824 2018-00120 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries off West Coast States: Pacific Coast Groundfish Fishery; Pacific Whiting; Pacific Coast Groundfish Fishery Management Plan; Amendment 21-3;
Trawl Rationalization Program, 757-763 2018-00135 PROPOSED RULES Fisheries of the Northeastern United States: Black Sea Bass Fishery; 2018 February Recreational Management Measures, 780-782 2018-00065 NOTICES Fishing Capacity Reduction Program for Longline Catcher Processor Subsector of Bering Sea and Aleutian Islands Non Pollock Groundfish Fishery, 793-794 2018-00136 National Science National Science Foundation NOTICES Antarctic Conservation Act Permits, 837 2018-00087 Meetings:
Committee on Equal Opportunities in Science and Engineering, 837 2018-00093 Proposal Review Panel for Ocean Sciences, 836-837 2018-00088 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Exemptions and Combined License Amendments: Southern Nuclear Operating Co., Inc., Vogtle Electric Generating Plant, Units 3 and 4; Slab Thickness Changes between Column Lines I to J-1 and 2 to 4 at Elevation 153′-0′, 838-839 2018-00055 Ocean Energy Management Ocean Energy Management Bureau NOTICES Environmental Impact Statements;
Availability, etc.: 2019-2024 Draft Proposed Outer Continental Shelf Oil and Gas Leasing Program, 829-834 2018-00083 Postal Regulatory Postal Regulatory Commission NOTICES FY 2017 Annual Compliance Report, 839-841 2018-00082 Presidential Documents Presidential Documents EXECUTIVE ORDERS Committees; Establishment, Renewal, Termination, etc.: Election Integrity, Presidential Advisory Commission on; Termination (EO 13820), 967-969 2018-00240 Securities Securities and Exchange Commission NOTICES Meetings;
Sunshine Act, 871 2018-00212 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 929-936 2018-00077 Depository Trust Co., 884-897, 913-929 2018-00074 2018-00080 2018-00081 Fixed Income Clearing Corp., 854-884 2018-00075 2018-00079 Nasdaq PHLX, LLC, 841 2018-00073 National Securities Clearing Corp., 841-854, 897-913 2018-00076 2018-00078 Social Social Security Administration RULES Extension of Sunset Date for Attorney Advisor Program, 711-712 2018-00058 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions:
CSX Transportation, Inc.; Clark, Floyd, Lawrence, Orange, and Washington Counties, IN, 936-937 2018-00137 Transportation Department Transportation Department See Federal Aviation Administration Treasury Treasury Department See Comptroller of the Currency NOTICES Interest Rates Paid on Cash Deposited to Secure U.S. Immigration and Customs Enforcement Immigration Bonds, 966 2018-00056 List of Countries Requiring Cooperation with International Boycott, 966 2018-00123 Customs U.S.
Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Allowance in Duties, 824 2018-00071 Application for Identification Card, 828-829 2018-00070 Crew Member's Declaration, 827 2018-00068 Crew's Effects Declaration, 825-826 2018-00072 Declaration for Free Entry of Returned American Products, 827-828 2018-00069 Guarantee of Payment, 824-825 2018-00066 Petition for Remission or Mitigation of Forfeitures and Penalties Incurred, 826-827 2018-00067 Separate Parts In This Issue Part II Presidential Documents, 967-969 2018-00240 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 83 5 Monday, January 8, 2018 Rules and Regulations FEDERAL RESERVE SYSTEM 12 CFR Part 217 [Regulation Q; Docket Nos. R-1442; R-1460; and R-1535] RIN 7100-AD 87; RIN 7100-AD 99; and 7100 AE-49 Regulatory Capital Rules; Correction AGENCY:
Board of Governors of the Federal Reserve System. ACTION: Final rule; correcting amendments. SUMMARY: The Board of Governors of the Federal Reserve System (Board) published a final rule in the **Federal Register** on October 11, 2013, regarding Regulatory Capital Rules. This publication corrects a typographical error in those rules whereby a transition provision was unintentionally deleted. The Board also published inconsistent amendments to Regulation Q in final rules published in the **Federal Register** on May 1, 2014, and August 14, 2015, that pertain to firms identified as global systemically important bank holding companies (GSIBs).
This publication resolves these inconsistencies. DATES: These correcting amendments are effective January 8, 2018. FOR FURTHER INFORMATION CONTACT: Benjamin McDonough, Assistant General Counsel,
(202)452-2036, or Mark Buresh, Senior Attorney,
(202)452-5270, Legal Division, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue NW, Washington, DC 20551. Telecommunications Device for the Deaf
(TDD)users may contact
(202)263-4869. SUPPLEMENTARY INFORMATION: The Board is correcting an error in the final rule that was published in the **Federal Register** on October 11, 2013. 1 The Board is correcting a typographical error in this final rule that caused the unintended deletion of 12 CFR 217.300(c)(1)(i)-(iv), which was initially adopted by the Board on July 2, 2013. Through this correction, the provision pertaining to the grandfathering of certain non-qualifying capital instruments in tier 2 capital for depository institution holding companies with $15 billion or more in total assets as of December 31, 2009, that are not advanced approaches banking organizations and for depository institution holding companies that are advanced approaches banking organization would be reflected in the rule. 1 78 FR 62018 (October 11, 2013). The Board is also correcting conflicting amendments in final rules published in the **Federal Register** on May 1, 2014, (79 FR 24528) and August 14, 2015, (80 FR 49082). The May 1, 2014, final rule amended 12 CFR 217.11(a)(4)(ii) effective January 1, 2018. The August 14, 2015, final rule also amended 12 CFR 217.11(a)(4)(ii) effective December 1, 2015, and did not alter the amendments to that paragraph contained in the May 1, 2014, final rule, which are effective on January 1, 2018. As a result, without these corrections the revisions to 12 CFR 217.11(a)(4)(ii) that were effective December 1, 2015, would have been undone effective January 1, 2018. This would have been contrary to the Board's stated intent in the August 14, 2015, final rule that the GSIB surcharge augment the capital conservation buffer. 2 In addition, this would have created situations where 12 CFR 217.11(a)(4)(i) and 12 CFR 217.11(a)(4)(ii) were in conflict. 2 80 FR 49082 (August 14, 2015). List of Subjects in 12 CFR Part 217 Administrative practice and procedure, Banks, Banking, Holding companies, Reporting and recordkeeping requirements, Securities. For the reasons set forth in the preamble, chapter II of title 12 of the Code of Federal Regulations is amended by the following correcting amendments. PART 217—CAPITAL ADEQUACY OF BANK HOLDING COMPANIES, SAVINGS AND LOAN HOLDING COMPANIES, AND STATE MEMBER BANKS (REGULATION Q) 1. The authority citation for part 217 continues to read as follows: Authority: 12 U.S.C. 248(a), 321-338a, 481-486, 1462a, 1467a, 1818, 1828, 1831n, 1831o, 1831p-l, 1831w, 1835, 1844(b), 1851, 3904, 3906-3909, 4808, 5365, 5368, 5371. 2. In § 217.11, paragraph (a)(4)(ii) is revised to read as follows: § 217.11 Capital conservation buffer, countercyclical capital buffer amount, and GSIB surcharge.
(a)* * *
(4)* * *
(ii)A Board-regulated institution with a capital conservation buffer that is greater than 2.5 percent plus 100 percent of its applicable countercyclical capital buffer in accordance with paragraph
(b)of this section, and 100 percent of its applicable GSIB surcharge, in accordance with paragraph
(c)of this section, and, if applicable, that has a leverage buffer that is greater than 2.0 percent, in accordance with paragraph
(d)of this section, is not subject to a maximum payout amount under this section. 3. In § 217.300, add paragraphs (c)(1)(i) through
(iv)to read as follows: § 217.300 Transitions.
(c)* * *
(1)* * *
(i)A depository institution holding company of $15 billion or more may include in tier 1 and tier 2 capital non-qualifying capital instruments up to the applicable percentage set forth in Table 8 to § 217.300 of the aggregate outstanding principal amounts of non-qualifying tier 1 and tier 2 capital instruments, respectively, that are outstanding as of January 1, 2014, beginning January 1, 2014, for a depository institution holding company of $15 billion or more that is an advanced approaches Board-regulated institution that is not a savings and loan holding company, and beginning January 1, 2015, for all other depository institution holding companies of $15 billion or more.
(ii)A depository institution holding company of $15 billion or more must apply the applicable percentages set forth in Table 8 to § 217.300 separately to the aggregate amounts of its tier 1 and tier 2 non-qualifying capital instruments.
(iii)The amount of non-qualifying capital instruments that must be excluded from additional tier 1 capital in accordance with this section may be included in tier 2 capital without limitation, provided the instruments meet the criteria for tier 2 capital set forth in § 217.20(d).
(iv)Non-qualifying capital instruments that do not meet the criteria for tier 2 capital set forth in § 217.20(d) may be included in tier 2 capital as follows:
(A)A depository institution holding company of $15 billion or more that is not an advanced approaches Board-regulated institution may include non-qualifying capital instruments that have been phased-out of tier 1 capital in tier 2 capital, and
(B)During calendar years 2014 and 2015, a depository institution holding company of $15 billion or more that is an advanced approaches Board-regulated institution may include non-qualifying capital instruments in tier 2 capital that have been phased out of tier 1 capital in accordance with Table 8 to § 217.300. Beginning January 1, 2016, a depository institution holding company of $15 billion or more that is an advanced approaches Board-regulated institution may include non-qualifying capital instruments in tier 2 capital that have been phased out of tier 1 capital in accordance with Table 8, up to the applicable percentages set forth in Table 9 to § 217.300. By order of the Board of Governors of the Federal Reserve System, acting through the Secretary of the Board under delegated authority, December 29, 2017. Ann E. Misback, Secretary of the Board. [FR Doc. 2018-00062 Filed 1-5-18; 8:45 am]
Connectionstraces to 3
1 reference not yet in our index
- 12 CFR 217
Citation graph
cites case law
Cites 4Cited by 0 across 0 sources