Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations 66601 

PENALTIES APPLICABLE TO FEDERAL SAVINGS ASSOCIATIONS—Continued 

U.S. Code Citation CMP Description 

Maximum 

Penalty 

Amount 

(in Dollars) 1

Tier 3 ........................................................................................................................ 2 2,013,399 

12 U.S.C. 1818(i)(2) 3 .............................. Violation of Law, Unsafe or Unsound Practice, or Breach of Fiduciary Duty 

Tier 1 ........................................................................................................................ 10,067 

Tier 2 ........................................................................................................................ 50,334 

Tier 3 ........................................................................................................................ 2 2,013,399 

12 U.S.C. 1820(k)(6)(A)(ii) ...................... Violation of Post-Employment Restrictions: 

Per violation ............................................................................................................. 331,174 

12 U.S.C. 1832(c) ................................... Violation of Withdrawals by Negotiable or Transferable Instruments for Transfers 

to Third Parties: 

Per violation ............................................................................................................. 2,658

12 U.S.C. 1884 ........................................ Violation of the Bank Protection Act ........................................................................ 292 

12 U.S.C. 1972(2)(F) ............................... Violation of Provisions regarding Correspondent Accounts, Unsafe or Unsound 

Practices, or Breach of Fiduciary Duty:.

Tier 1 ........................................................................................................................ 10,067 

Tier 2 ........................................................................................................................ 50,334 

Tier 3 ........................................................................................................................ 2 2,013,399 

15 U.S.C. 78u–2(b) ................................. Violations of Various Provisions of the Securities Act, the Securities Exchange 

Act, the Investment Company Act, or the Investment Advisers Act: 

1st Tier (natural person)—Per violation .................................................................. 9,472 

1st Tier (other person)—Per violation ..................................................................... 94,713 

2nd Tier (natural person)—Per violation ................................................................. 94,713 

2nd Tier (other person)—Per violation .................................................................... 473,566 

3rd Tier (natural person)—Per violation .................................................................. 189,427 

3rd Tier (other person)—Per violation ..................................................................... 947,130 

15 U.S.C. 1639e(k) ................................. Violation of Appraisal Independence Requirements: 

First violation ............................................................................................................ 11,563 

Subsequent violations .............................................................................................. 23,125 

42 U.S.C. 4012a(f)(5) .............................. Flood Insurance: 

Per violation ............................................................................................................. 2,187

1The maximum penalty amount is per day, unless otherwise indicated. 

2The maximum penalty amount for a federal savings association is the lesser of this amount or 1 percent of total assets. 

3These amounts also apply to statutes that cross-reference 12 U.S.C. 1818, such as 12 U.S.C. 2804, 3108, 3349, 4309, and 4717 and 15 

U.S.C. 1607, 1681s, 1691c, and 1692l. 

Dated: December 18, 2018. 

Bao Nguyen, 

Acting Senior Deputy Comptroller and Chief 

Counsel, Office of the Comptroller of the 

Currency. 

[FR Doc. 2018–27784 Filed 12–26–18; 8:45 am] 

BILLING CODE 4810–33–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

12 CFR Parts 25 and 195 

[Docket ID OCC–2018–0033] 

RIN 1557–AE54 

FEDERAL RESERVE SYSTEM 

12 CFR Part 228 

[Regulation BB; Docket No. R–1642] 

RIN 7100–AF32 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

12 CFR Part 345 

RIN 3064–AE97 

Community Reinvestment Act 

Regulations 

AGENCY: Office of the Comptroller of the 

Currency, Treasury (OCC); Board of 

Governors of the Federal Reserve 

System (Board); and Federal Deposit 

Insurance Corporation (FDIC). 

ACTION: Joint final rule; technical 

amendment. 

SUMMARY: The OCC, the Board, and the 

FDIC (collectively, the Agencies) are 

amending their Community 

Reinvestment Act (CRA) regulations to 

adjust the asset-size thresholds used to 

define ‘‘small bank’’ or ‘‘small savings 

association’’ and ‘‘intermediate small 

bank’’ or ‘‘intermediate small savings 

association.’’ As required by the CRA 

regulations, the adjustment to the 

threshold amount is based on the 

annual percentage change in the 

Consumer Price Index for Urban Wage 

Earners and Clerical Workers (CPI–W). 

DATES: Effective Date: January 1, 2019. 

FOR FURTHER INFORMATION CONTACT:

OCC: Emily Boyes, Senior Attorney or 

Daniel Sufranski, Attorney, Chief 

Counsel’s Office, (202) 649–5490; for 

persons who are deaf or hearing 

impaired, TTY, (202) 649–5597; or 

Vonda Eanes, Director for CRA and Fair 

Lending Policy, Compliance Risk Policy 

Division, (202) 649–5470, Office of the 

Comptroller of the Currency, 400 7th 

Street SW, Washington, DC 20219. 


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66602 Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations 

1Public Law 111–203, 124 Stat. 1376 (2010). 

2See OCC interim final rule, 76 FR 48950 (Aug. 

9, 2011). 

3See Board interim final rule, 76 FR 56508 (Sept. 

13, 2011). 

Board: Amal S. Patel, Counsel, (202) 

912–7879, or Cathy Gates, Senior Project 

Manager, (202) 452–2099, Division of 

Consumer and Community Affairs; or 

Clinton N. Chen, Senior Attorney, (202) 

452–3952, Legal Division, Board of 

Governors of the Federal Reserve 

System, 20th Street and Constitution 

Avenue NW, Washington, DC 20551. 

FDIC: Patience R. Singleton, Senior 

Policy Analyst, Supervisory Policy 

Branch, Division of Depositor and 

Consumer Protection, (202) 898–6859; 

or Richard M. Schwartz, Counsel, Legal 

Division, (202) 898–7424, Federal 

Deposit Insurance Corporation, 550 17th 

Street NW, Washington, DC 20429. 

SUPPLEMENTARY INFORMATION: 

Background and Description of the 

Joint Final Rule 

The Agencies’ CRA regulations 

establish CRA performance standards 

for small and intermediate small banks 

and savings associations. The CRA 

regulations define small and 

intermediate small banks and savings 

associations by reference to asset-size 

criteria expressed in dollar amounts, 

and they further require the Agencies to 

publish annual adjustments to these 

dollar figures based on the year-to-year 

change in the average of the CPI–W, not 

seasonally adjusted, for each 12-month 

period ending in November, with 

rounding to the nearest million. 12 CFR 

25.12(u)(2), 195.12(u)(2), 228.12(u)(2), 

and 345.12(u)(2). This adjustment 

formula was first adopted for CRA 

purposes by the OCC, the Board, and the 

FDIC on August 2, 2005, effective 

September 1, 2005. 70 FR 44256 (Aug. 

2, 2005). At that time, the Agencies 

noted that the CPI–W is also used in 

connection with other federal laws, 

such as the Home Mortgage Disclosure 

Act. See 12 U.S.C. 2808; 12 CFR 1003.2. 

On March 22, 2007, and effective July 1, 

2007, the former Office of Thrift 

Supervision (OTS), the agency then 

responsible for regulating savings 

associations, adopted an annual 

adjustment formula consistent with that 

of the other federal banking agencies in 

its CRA rule previously set forth at 12 

CFR part 563e. 72 FR 13429 (Mar. 22, 

2007). 

Pursuant to the Dodd-Frank Wall 

Street Reform and Consumer Protection 

Act (Dodd-Frank Act),1 effective July 21, 

2011, CRA rulemaking authority for 

federal and state savings associations 

was transferred from the OTS to the 

OCC, and the OCC subsequently 

republished, at 12 CFR part 195, the 

CRA regulations applicable to those 

institutions.2 In addition, the DoddFrank Act transferred responsibility for 

supervision of savings and loan holding 

companies and their non-depository 

subsidiaries from the OTS to the Board, 

and the Board subsequently amended its 

CRA regulation to reflect this transfer of 

supervisory authority.3

The threshold for small banks and 

small savings associations was revised 

most recently in December 2017 and 

became effective January 1, 2018. 82 FR 

61143 (Dec. 27, 2017). The current CRA 

regulations provide that banks and 

savings associations that, as of 

December 31 of either of the prior two 

calendar years, had assets of less than 

$1.252 billion are small banks or small 

savings associations. Small banks and 

small savings associations with assets of 

at least $313 million as of December 31 

of both of the prior two calendar years 

and less than $1.252 billion as of 

December 31 of either of the prior two 

calendar years are intermediate small 

banks or intermediate small savings 

associations. 12 CFR 25.12(u)(1), 

195.12(u)(1), 228.12(u)(1), and 

345.12(u)(1). This joint final rule revises 

these thresholds. 

During the 12-month period ending 

November 2018, the CPI–W increased 

by 2.59 percent. As a result, the 

Agencies are revising 12 CFR 

25.12(u)(1), 195.12(u)(1), 228.12(u)(1), 

and 345.12(u)(1) to make this annual 

adjustment. Beginning January 1, 2019, 

banks and savings associations that, as 

of December 31 of either of the prior two 

calendar years, had assets of less than 

$1.284 billion are small banks or small 

savings associations. Small banks and 

small savings associations with assets of 

at least $321 million as of December 31 

of both of the prior two calendar years 

and less than $1.284 billion as of 

December 31 of either of the prior two 

calendar years are intermediate small 

banks or intermediate small savings 

associations. The Agencies also publish 

current and historical asset-size 

thresholds on the website of the Federal 

Financial Institutions Examination 

Council at http://www.ffiec.gov/cra/. 

Administrative Procedure Act and 

Effective Date 

Under 5 U.S.C. 553(b)(B) of the 

Administrative Procedure Act (APA), an 

agency may, for good cause, find (and 

incorporate the finding and a brief 

statement of reasons therefore in the 

rules issued) that notice and public 

procedure thereon are impracticable, 

unnecessary, or contrary to the public 

interest. 

The amendments to the regulations to 

adjust the asset-size thresholds for small 

and intermediate small banks and 

savings associations result from the 

application of a formula established by 

a provision in the respective CRA 

regulations that the Agencies previously 

published for comment. See 70 FR 

12148 (Mar. 11, 2005), 70 FR 44256 

(Aug. 2, 2005), 71 FR 67826 (Nov. 24, 

2006), and 72 FR 13429 (Mar. 22, 2007). 

As a result, §§ 25.12(u)(1), 195.12(u)(1), 

228.12(u)(1), and 345.12(u)(1) of the 

Agencies’ respective CRA regulations 

are amended by adjusting the asset-size 

thresholds as provided for in 

§§ 25.12(u)(2), 195.12(u)(2), 

228.12(u)(2), and 345.12(u)(2). 

Accordingly, the Agencies’ rules 

provide no discretion as to the 

computation or timing of the revisions 

to the asset-size criteria. For this reason, 

the Agencies have determined that 

publishing a notice of proposed 

rulemaking and providing opportunity 

for public comment are unnecessary. 

The effective date of this joint final 

rule is January 1, 2019. Under 5 U.S.C. 

553(d)(3) of the APA, the required 

publication or service of a substantive 

rule shall be made not less than 30 days 

before its effective date, except, among 

other things, as provided by the agency 

for good cause found and published 

with the rule. Because this rule adjusts 

asset-size thresholds consistent with the 

procedural requirements of the CRA 

rules, the Agencies conclude that it is 

not substantive within the meaning of 

the APA’s delayed effective date 

provision. Moreover, the Agencies find 

that there is good cause for dispensing 

with the delayed effective date 

requirement, even if it applied, because 

their current rules already provide 

notice that the small and intermediate 

small asset-size thresholds will be 

adjusted as of December 31 based on 12- 

month data as of the end of November 

each year. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

does not apply to a rulemaking when a 

general notice of proposed rulemaking 

is not required. 5 U.S.C. 603 and 604. 

As noted previously, the Agencies have 

determined that it is unnecessary to 

publish a general notice of proposed 

rulemaking for this joint final rule. 

Accordingly, the RFA’s requirements 

relating to an initial and final regulatory 

flexibility analysis do not apply. 

Paperwork Reduction Act of 1995 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3521) states that no 


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Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations 66603 

agency may conduct or sponsor, nor is 

the respondent required to respond to, 

an information collection unless it 

displays a currently valid Office of 

Management and Budget (OMB) control 

number. The Agencies have determined 

that this final rule does not create any 

new, or revise any existing, collections 

of information pursuant to the 

Paperwork Reduction Act. 

Consequently, no information collection 

request will be submitted to the OMB 

for review. 

Unfunded Mandates Reform Act of 

1995 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 

(Unfunded Mandates Act), 2 U.S.C. 

1532, requires the OCC to prepare a 

budgetary impact statement before 

promulgating any final rule for which a 

general notice of proposed rulemaking 

was published. As discussed above, the 

OCC has determined that the 

publication of a general notice of 

proposed rulemaking is unnecessary. 

Accordingly, this joint final rule is not 

subject to section 202 of the Unfunded 

Mandates Act. 

List of Subjects 

12 CFR Part 25 

Community development, Credit, 

Investments, National banks, Reporting 

and recordkeeping requirements. 

12 CFR Part 195 

Community development, Credit, 

Investments, Reporting and 

recordkeeping requirements, Savings 

associations. 

12 CFR Part 228 

Banks, Banking, Community 

development, Credit, Investments, 

Reporting and recordkeeping 

requirements. 

12 CFR Part 345 

Banks, Banking, Community 

development, Credit, Investments, 

Reporting and recordkeeping 

requirements. 

Department of the Treasury 

Office of the Comptroller of the 

Currency 

12 CFR Chapter I 

For the reasons discussed in the 

SUPPLEMENTARY INFORMATION section, 12 

CFR parts 25 and 195 are amended as 

follows: 

PART 25—COMMUNITY 

REINVESTMENT ACT AND 

INTERSTATE DEPOSIT PRODUCTION 

REGULATIONS 

■ 1. The authority citation for part 25 

continues to read as follows: 

Authority: 12 U.S.C. 21, 22, 26, 27, 30, 36, 

93a, 161, 215, 215a, 481, 1814, 1816, 1828(c), 

1835a, 2901 through 2908, and 3101 through 

3111. 

■ 2. Section 25.12 is amended by 

revising paragraph (u)(1) to read as 

follows: 

§ 25.12 Definitions. 

* * * * * 

(u) * * * 

(1) Definition. Small bank means a 

bank that, as of December 31 of either 

of the prior two calendar years, had 

assets of less than $1.284 billion. 

Intermediate small bank means a small 

bank with assets of at least $321 million 

as of December 31 of both of the prior 

two calendar years and less than $1.284 

billion as of December 31 of either of the 

prior two calendar years. 

* * * * * 

PART 195—COMMUNITY 

REINVESTMENT 

■ 3. The authority citation for part 195 

continues to read as follows: 

Authority: 12 U.S.C. 1462a, 1463, 1464, 

1814, 1816, 1828(c), 2901 through 2908, and 

5412(b)(2)(B). 

■ 4. Section 195.12 is amended by 

revising paragraph (u)(1) to read as 

follows: 

§ 195.12 Definitions. 

* * * * * 

(u) * * * 

(1) Definition. Small savings 

association means a savings association 

that, as of December 31 of either of the 

prior two calendar years, had assets of 

less than $1.284 billion. Intermediate 

small savings association means a small 

savings association with assets of at 

least $321 million as of December 31 of 

both of the prior two calendar years and 

less than $1.284 billion as of December 

31 of either of the prior two calendar 

years. 

* * * * * 

Federal Reserve System 

12 CFR Chapter II 

For the reasons set forth in the 

SUPPLEMENTARY INFORMATION section, the 

Board of Governors of the Federal 

Reserve System amends part 228 of 

chapter II of title 12 of the Code of 

Federal Regulations as follows: 

PART 228—COMMUNITY 

REINVESTMENT (REGULATION BB) 

■ 5. The authority citation for part 228 

continues to read as follows: 

Authority: 12 U.S.C. 321, 325, 1828(c), 

1842, 1843, 1844, and 2901 et seq. 

■ 6. Section 228.12 is amended by 

revising paragraph (u)(1) to read as 

follows: 

§ 228.12 Definitions. 

* * * * * 

(u) * * * 

(1) Definition. Small bank means a 

bank that, as of December 31 of either 

of the prior two calendar years, had 

assets of less than $1.284 billion. 

Intermediate small bank means a small 

bank with assets of at least $321 million 

as of December 31 of both of the prior 

two calendar years and less than $1.284 

billion as of December 31 of either of the 

prior two calendar years. 

* * * * * 

Federal Deposit Insurance Corporation 

12 CFR Chapter III 

Authority and Issuance 

For the reasons set forth in the 

SUPPLEMENTARY INFORMATION section, the 

Board of Directors of the Federal 

Deposit Insurance Corporation amends 

part 345 of chapter III of title 12 of the 

Code of Federal Regulations to read as 

follows: 

PART 345—COMMUNITY 

REINVESTMENT 

■ 7. The authority citation for part 345 

continues to read as follows: 

Authority: 12 U.S.C. 1814–1817, 1819– 

1820, 1828, 1831u and 2901–2908, 3103– 

3104, and 3108(a). 

■ 8. Section 345.12 is amended by 

revising paragraph (u)(1) to read as 

follows: 

§ 345.12 Definitions. 

* * * * * 

(u) * * * 

(1) Definition. Small bank means a 

bank that, as of December 31 of either 

of the prior two calendar years, had 

assets of less than $1.284 billion. 

Intermediate small bank means a small 

bank with assets of at least $321 million 

as of December 31 of both of the prior 

two calendar years and less than $1.284 

billion as of December 31 of either of the 

prior two calendar years. 

* * * * * 


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66604 Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations 

1Average total consolidated assets is defined in 

the Guidelines and means the average total 

consolidated assets of the bank or covered bank as 

reported on the bank’s or covered bank’s 

Consolidated Reports of Condition and Income for 

the four most recent consecutive quarters. See 12 

CFR part 30, appendix E, paragraph I.E.1. 

2 81 FR 66791 (Sep. 29, 2016). The Guidelines 

were issued pursuant to section 39 of the Federal 

Deposit Insurance Act, 12 U.S.C. 1831p-1, which 

authorizes the OCC to prescribe enforceable safety 

and soundness standards. 

3See 12 CFR 381.2(f) and 243.2(f), respectively. 

See also 12 CFR 360.10. 

4Public Law 111–203, 124 Stat. 1376 (July 21, 

2010). 

5Public Law 115–174, 132 Stat. 1296 (May 24, 

2018). 

6 83 FR 47313 (Sep. 19, 2018). 

Dated: December 18, 2018. 

Bao Nguyen, 

Acting Senior Deputy Comptroller and Chief 

Counsel. 

By order of the Board of Governors of the 

Federal Reserve System, acting through the 

Secretary of the Board under delegated 

authority, December 17, 2018. 

Ann E. Misback, 

Secretary of the Board. 

By order of the Board of Directors. 

Dated at Washington, DC, this 13th day of 

December, 2018. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

[FR Doc. 2018–27791 Filed 12–26–18; 8:45 am] 

BILLING CODE 4810–33–P; 6210–01–P; 6714–01–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

12 CFR Part 30 

[Docket ID OCC–2018–0028] 

RIN 1557–AE51 

OCC Guidelines Establishing 

Standards for Recovery Planning by 

Certain Large Insured National Banks, 

Insured Federal Savings Associations, 

and Insured Federal Branches; 

Technical Amendments 

AGENCY: Office of the Comptroller of the 

Currency, Treasury. 

ACTION: Final guidelines. 

SUMMARY: The Office of the Comptroller 

of the Currency (OCC) is amending its 

enforceable guidelines relating to 

recovery planning standards for insured 

national banks, insured federal savings 

associations, and insured federal 

branches (Guidelines) by increasing the 

average total consolidated assets 

threshold for applying the Guidelines 

from $50 billion to $250 billion. In 

addition, the OCC is changing the 

Guidelines to decrease from 18 months 

to 12 months the time within which a 

bank should comply with the 

Guidelines after the bank becomes 

subject to them. Finally, the OCC is 

making technical amendments to 

remove outdated compliance dates. 

DATES: The final guidelines are effective 

on January 28, 2019. 

FOR FURTHER INFORMATION CONTACT: 

Andra Shuster, Senior Counsel or Rima 

Kundnani, Attorney, Chief Counsel’s 

Office, (202) 649–5490; or, for persons 

who are deaf or hard of hearing, TTY, 

(202) 649–5597, 400 7th Street SW, 

Washington, DC 20219. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The 2008 financial crisis provided 

valuable lessons about the need for 

financial institutions to have strong risk 

governance frameworks, including plans 

for how to respond to and recover from 

the financial effects of severe stress. 

This was particularly true for larger, 

more complex banks given the potential 

they pose for systemic risk. In response 

to these lessons, on September 29, 2016, 

the OCC published the Guidelines 

establishing minimum standards for 

recovery planning by insured national 

banks, insured federal savings 

associations, and insured federal 

branches of foreign banks (banks) with 

average total consolidated assets 1 equal 

to or greater than $50 billion (covered 

banks).2 The Guidelines state that a 

recovery plan should identify (1) 

quantitative or qualitative indicators of 

the risk or existence of severe stress that 

reflect a covered bank’s particular 

vulnerabilities and (2) a wide range of 

credible options that a covered bank 

could undertake in response to the 

stress to restore its financial strength 

and viability. 

Under the Guidelines, a recovery plan 

should also address: (1) Procedures for 

escalating decision-making to senior 

management or the board of directors, 

(2) management reports, and (3) 

communication procedures. In addition, 

the Guidelines explain how a bank 

should calculate its average total 

consolidated assets and reserve the 

OCC’s authority to apply the Guidelines 

to a bank below the $50 billion 

threshold if the agency determines a 

bank is highly complex or otherwise 

presents a heightened risk. Finally, the 

Guidelines set out phased-in 

compliance dates based on bank size. 

II. Description of the Proposal, 

Comments Received, and Final 

Guidelines 

The OCC received three comments on 

the proposal. One comment came from 

an individual, one from a trade 

association (Trade Association 

Comment), and the other from four 

regional national banks (Banks 

Comment). 

Asset Threshold. The OCC noted in 

the SUPPLEMENTARY INFORMATION section 

of the Guidelines that large, complex 

institutions should undertake recovery 

planning to be able to respond quickly 

to and recover from the financial effects 

of severe stress on the institution. Based 

on its experience to date in reviewing 

recovery plans, the OCC believes that it 

is appropriate to raise the threshold for 

the Guidelines to focus on those 

institutions that present greater risk to 

the banking system. These larger, more 

complex, or potentially more 

interconnected banks present the types 

of risks that could benefit most from 

having the types of governance and 

planning processes that identify and 

assist in responding to significant stress 

events. 

In addition, at the time the Guidelines 

were published, the $50 billion recovery 

planning threshold was consistent with 

the scope of Federal Deposit Insurance 

Corporation and Board of Governors of 

the Federal Reserve System regulations 3

that require certain entities to prepare 

resolution plans under section 165 of 

the Dodd-Frank Wall Street Reform and 

Consumer Protection Act.4 On May 24, 

2018, the Economic Growth, Regulatory 

Relief, and Consumer Protection Act 

(Act) was enacted to promote economic 

growth, provide tailored economic 

relief, and enhance consumer 

protections.5 Section 401 of the Act 

raises from $50 billion to $250 billion 

the section 165 resolution planning 

threshold. 

Accordingly, the OCC proposed to 

increase from $50 billion to $250 billion 

the average total consolidated assets 

threshold at which the Guidelines apply 

to banks.6 This change would reduce 

the number of covered banks to which 

the Guidelines apply from 25 to 8, based 

on the most recent data available. 

All three of the comments received 

addressed the threshold change. The 

individual commenter expressed 

concern that raising the Guidelines’ 

asset threshold would provide too much 

leniency for banks in light of the 2008 

financial crisis. The Trade Association 

Comment strongly supported the OCC’s 

proposal to raise the threshold for the 

Guidelines from $50 billion to $250 

billion in average total consolidated 

assets because it provides burden relief 

to the affected banks and permits the 

OCC to allocate its resources over a 

smaller number of banks. The Banks 


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