63498 Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations 

1 Dodd-Frank Wall Street Reform and Consumer 

Protection Act, Pub. L. 111–203, 12 U.S.C. 5301 et 

seq. (2010). 

2 12 U.S.C. 5411. 

3 12 U.S.C. 5414(b). 

4 12 U.S.C. 5414(c). 

families in a manner that fosters 

successful recruitment, retention, and 

careers for members of the Armed 

Forces and the other uniformed 

services; and 

(iii) Modernize and achieve fiscal 

sustainability for the compensation and 

retirement systems for the Armed Forces 

and the other uniformed services for the 

21st century. 

* * * * * 

■ 3. Revise § 9901.3 to read as follows: 

§ 9901.3 Requests for records. 

(a) Generally. Many documents are 

available on the MCRMC Web site and 

MCRMC encourages requesters to visit 

the Web site before making a request for 

records pursuant to this subpart. 

MCRMC will provide records to 

individual requesters in response to 

FOIA requests for records not available 

on its Web site. 

(b) Electronic or written requests 

required. For records not available on 

the Web site, requesters wishing to 

obtain information from MCRMC should 

submit a request on the MCRMC Web 

site. If a computer is not available to the 

requester, a written request may be 

made to the MCRMC FOIA Officer. Such 

requests should be addressed to: FOIA 

Officer, Military Compensation and 

Retirement Modernization Commission, 

Post Office Box 13170, Arlington, VA 

22209. As there may be delays in mail 

delivery, it is advisable to send the 

request via facsimile to (703) 697–8330 

or email to foia@mcrmc.gov. MCRMC 

will communicate with the requester by 

email unless he or she specifies 

otherwise. 

(c) Contents of request. Requests must 

include the following: 

(1) A statement that the request is 

being made under FOIA, the requester’s 

full name and address, a telephone 

number at which the requester can be 

reached during normal business hours, 

and an email address for the requester, 

if the requester has one; 

(2) A description of the records sought 

in enough detail to allow the records to 

be located with a reasonable amount of 

effort. The request must identify/

describe the records sought and include 

information such as date, title or name, 

author, recipient, and subject matter of 

the records sought, where possible; 

(3) If submitting the request as an 

educational institution, a noncommercial scientific institution, or a 

representative of the news media, the 

request must specifically identify the 

organization on which the status is 

based, and if a free-lance representative 

of the news media, the requester should 

submit a history of past publications 

and/or demonstrate a solid basis for 

expecting publication through a newsmedia entity; 

(4) A fee waiver, if applicable; and 

(5) If the request is made by mail, the 

words ‘‘FOIA REQUEST’’ or ‘‘REQUEST 

FOR RECORDS’’ must be clearly marked 

on the cover letter, letter, and envelope. 

(d) Perfected requests. MCRMC will 

process only perfected requests. A 

perfected request must meet all of the 

requirements of this subpart. 

Christopher Nuneviller, 

Associate Director, Administration and 

Operations, Military Compensation and 

Retirement Modernization Commission. 

[FR Doc. 2014–25272 Filed 10–23–14; 8:45 am] 

BILLING CODE P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

12 CFR Parts 335 and 390 

RIN 3064–AE07 

Transferred OTS Regulations 

Regarding Securities of State Savings 

Associations 

AGENCY: Federal Deposit Insurance 

Corporation. 

ACTION: Final rule. 

SUMMARY: The Federal Deposit 

Insurance Corporation (FDIC) is 

adopting a final rule to rescind and 

remove regulations for securities of 

State savings associations and all 

references thereto, and revise 

regulations for securities of nonmember 

insured banks, to extend their 

applicability to State savings 

associations. The regulations revised in 

this rule were included in the 

regulations that were transferred to the 

FDIC from the Office of Thrift 

Supervision (OTS) on July 21, 2011, in 

connection with the implementation of 

applicable provisions of Title III of the 

Dodd-Frank Wall Street Reform and 

Consumer Protection Act (Dodd-Frank 

Act). The FDIC received no comments 

on the Notice of Proposed Rulemaking 

published on April 21, 2014 and is 

adopting it as a final rule with minor 

technical changes. As a result, all State 

nonmember banks and State savings 

associations having securities registered 

pursuant to the Securities Exchange Act 

of 1934 (Exchange Act) will be subject 

to the disclosure and filing requirements 

in FDIC regulations. 

DATES: The Final Rule is effective 

November 24, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Dennis Chapman, Senior Staff 

Accountant, Division of Risk 

Management Supervision, 202–898– 

8922 or dchapman@fdic.gov; Maureen 

Loviglio, Senior Staff Accountant, 

Division of Risk Management 

Supervision, 202–898–6777 or 

mloviglio@fdic.gov; Mark G. Flanigan, 

Supervisory Counsel, Legal Division 

202–898–7426 or mflanigan@fdic.gov; 

or Grace Pyun, Senior Attorney, Legal 

Division 202–898–3609 or gpyun@

fdic.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Dodd-Frank Act 

The Dodd-Frank Act, signed into law 

on July 21, 2010, provided for a 

substantial reorganization of the 

regulation of State and Federal savings 

associations and their holding 

companies.1 Beginning July 21, 2011, 

the transfer date established by section 

311 of the Dodd-Frank Act,2 the powers, 

duties, and functions formerly 

performed by the OTS were divided 

among the FDIC, as to State savings 

associations, the Office of the 

Comptroller of the Currency (‘‘OCC’’), as 

to Federal savings associations, and the 

Board of Governors of the Federal 

Reserve System (‘‘Federal Reserve 

Board’’), as to savings and loan holding 

companies. Section 316(b) of the DoddFrank Act 3 provides the manner of 

treatment for all orders, resolutions, 

determinations, regulations, and 

advisory materials that had been issued, 

made, prescribed, or allowed to become 

effective by the OTS. The section 

provides that if such regulatory 

issuances were in effect on the day 

before the transfer date, they continue in 

effect and are enforceable by or against 

the appropriate successor agency until 

they are modified, terminated, set aside, 

or superseded in accordance with 

applicable law by such successor 

agency, by any court of competent 

jurisdiction, or by operation of law. 

Section 316(c) of the Dodd-Frank 

Act 4 further directed the FDIC and the 

OCC to consult with one another and to 

publish a list of the continued OTS 

regulations which would be enforced by 

each agency. On June 14, 2011, the 

FDIC’s Board of Directors (‘‘Board’’) 

approved a ‘‘List of OTS Regulations to 

be Enforced by the OCC and the FDIC 

Pursuant to the Dodd-Frank Wall Street 

Reform and Consumer Protection Act.’’ 

This list was published by the FDIC and 


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Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations 63499 

5 76 FR 39247 (July 6, 2011). 

6 12 U.S.C. 5412(b)(2)(B)(i)(II). 

7 12 U.S.C. 1813(q). 

8 76 FR 47652 (August 5, 2011). 

9 15 U.S.C. 78l(i). 

10 79 FR 22063 (April 21, 2014). 

11Both sections are also part of the transferred 

OTS regulations pursuant to the Dodd-Frank Act. 

Section 390.321 (part 390 subpart R) relates to 

regulatory reporting standards and section 390.380 

(part 390 subpart T) relates to the form and content 

of financial statements. 

12 12 U.S.C. 1813(e). 

13The information collection for Securities of 

Insured Nonmember Banks, OMB No. 3064–0030, 

was renewed by OMB on September 11, 2013, and 

now expires on September 30, 2016. 

the OCC as a Joint Notice in the Federal 

Register on July 6, 2011.5

Although section 312(b)(2)(B)(i)(II) of 

the Dodd-Frank Act 6 granted the OCC 

rulemaking authority relating to both 

State and Federal savings associations, 

nothing in the Dodd-Frank Act affected 

the FDIC’s existing authority to issue 

regulations under the FDI Act and other 

laws as the ‘‘appropriate Federal 

banking agency’’ or under similar 

statutory terminology. Section 312(c) of 

the Dodd-Frank Act amended section 

3(q) of the Federal Deposit Insurance 

Act,7 and designated the FDIC as the 

‘‘appropriate Federal banking agency’’ 

for State savings associations. As a 

result, when the FDIC acts as the 

designated ‘‘appropriate Federal 

banking agency’’ (or under similar 

terminology) for State savings 

associations, as it does here, the FDIC is 

authorized to issue, modify, and rescind 

regulations involving such associations. 

As noted, on June 14, 2011, operating 

pursuant to this authority, the Board 

reissued and redesignated certain 

regulations transferred from the former 

OTS. These transferred OTS regulations 

were published as new FDIC regulations 

in the Federal Register on August 5, 

2011.8 When it republished the 

transferred OTS regulations as new 

FDIC regulations, the FDIC specifically 

noted that its staff would evaluate the 

transferred OTS regulations and might 

later recommend incorporating the 

transferred OTS regulations into other 

FDIC rules, amending them, or 

rescinding them, as appropriate. 

One of the regulations transferred to 

the FDIC was 12 CFR part 390 subpart 

U, which covers the former OTS 

requirements for the disclosure and 

reporting by State savings associations 

with securities registered pursuant to 

section 12(i) of the Securities Exchange 

Act of 1934 (‘‘Exchange Act’’).9

II. Proposed Rule 

On April 21, 2014, the FDIC 

published in the Federal Register a 

notice of proposed rulemaking (NPR or 

Proposed Rule) regarding the removal of 

subpart U from 12 CFR part 390.10 As 

discussed in the Proposed Rule, section 

12(i) of the Exchange Act provides the 

FDIC with the authority to administer 

and enforce certain enumerated sections 

of the Exchange Act and the SarbanesOxley Act with respect to State 

nonmember banks and State savings 

associations (collectively ‘‘FDICsupervised institutions’’) as the 

appropriate Federal banking agency for 

such institutions. In an effort to 

streamline FDIC regulations for all 

FDIC-supervised institutions, the NPR 

proposed to remove part 390 subpart U 

from the Code of Federal Regulations 

and all references made therein from the 

FDIC rules and regulations. The FDIC 

also compared part 390 subpart U with 

part 335, a substantively similar FDIC 

regulation that existed before the 

transfer of the OTS regulations. Similar 

to Part 390 subpart U, part 335 governs 

the securities registration and reporting 

requirements of the Exchange Act for 

State nonmember banks. Although both 

rules implement identical provisions of 

the Exchange Act and SEC rules, part 

335 provided more detailed guidance 

than subpart U by incorporating the SEC 

rules with greater specificity. As such, 

the NPR also proposed to expand the 

scope of part 335 to include State 

savings associations by inserting the 

term ‘‘state savings associations’’ where 

appropriate. The NPR also proposed to 

make technical changes to reflect an 

internal FDIC reorganization. 

III. Comments 

The FDIC issued the NPR with a 60- 

day comment period, which closed on 

June 20, 2014. The FDIC received no 

comments, and consequently, the Final 

Rule is adopted as proposed with minor 

technical changes. 

IV. Explanation of the Final Rule 

Under the Final Rule, 12 CFR part 335 

applies to the securities of both State 

nonmember banks and State savings 

associations registered under the 

Exchange Act, and part 390 subpart U 

is removed in its entirety. Part 390 

subpart U is substantively similar to 

part 335, and the designation of part 335 

as a single authority for the securities 

registration and reporting requirements 

for all FDIC-supervised institutions will 

serve to streamline the FDIC’s rules and 

eliminate unnecessary regulations. To 

that effect, the Final Rule removes and 

rescinds 12 CFR Part 390 subpart U in 

its entirety as well as all references to 

subpart U found in sections 

390.321(b)(2) and 390.380(a)(3) of the 

FDIC rules and regulations.11

Consistent with the Proposed Rule, 

the Final Rule also revises part 335 by 

inserting the term ‘‘state savings 

association’’ where appropriate and 

retitling the heading of Part 335 as 

Securities of State Nonmember Banks 

and State Savings Associations. The 

rewording of ‘‘Nonmember Insured 

Banks’’ to ‘‘State Nonmember Banks’’ 

reflects more consistent use of defined 

terms under section 3 of the FDI Act.12

Additionally, section 335.901, which 

contains the FDIC Board of Directors’ 

Delegations of Authority related to part 

335, is removed, and all references to 

the ‘‘Division of Supervision and 

Consumer Protection (DSC)’’ are deleted 

and replaced with the words ‘‘Division 

of Risk Management Supervision 

(RMS)’’ to reflect an internal FDIC 

reorganization. 

V. Regulatory Analysis and Procedure 

A. The Paperwork Reduction Act 

In accordance with the requirements 

of the Paperwork Reduction Act (PRA) 

of 1995 (44 U.S.C. 3501–3521), the FDIC 

may not conduct or sponsor, and the 

respondent is not required to respond 

to, an information collection unless it 

displays a currently valid Office of 

Management and Budget (OMB) control 

number. The information collection 

affected by this Final Rule is Securities 

of Insured Nonmember Banks, 3064– 

0030.13

The Final Rule rescinds and removes 

from the FDIC regulations 12 CFR part 

390 subpart U. This rule also proposes 

to amend part 335 to incorporate State 

savings associations into the part. In the 

NPR, it was determined that the revision 

of part 335 to include state savings 

associations would add additional 

burden to the FDIC’s information 

collection under OMB control number 

3064–0030, Securities of Insured 

Nonmember Banks, as State savings 

associations would be required to 

submit the appropriate forms and 

financial statements to comply with the 

filing and disclosure requirements of 

part 335. The FDIC’s burden estimates 

were updated in connection with the 

Proposed Rule to include State savings 

associations transferred from the OTS to 

the FDIC and no comments were 

received. The revised information 

collection is as follows: 

Title: Securities of State Nonmember 

Banks and State Savings Associations. 

OMB Number: 3064–0030. 

Form Numbers: 6800/03, 6800/04, 

6800/05, Form 8–A, Form 8–C, Form 8– 

K, Form 10, Form 10–C, Form 10–K, 

Form 10–Q, Form 12b–25, Form 15, 

Form 25, Schedule 13D, Schedule 13E– 


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63500 Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations 

14 5 U.S.C. 601 et seq. The U.S. Small Business 

Administration (SBA) issued an interim final rule, 

effective July 14, 2014, that raised the SBA’s size 

thresholds for commercial banks and savings 

institutions from $500 million to $550 million. 79 

FR 33647 (June 12, 2014). 

15 15 U.S.C. 78l(g)(1)(A). Based on the statutory 

language of the Exchange Act, savings associations 

would not fall under the higher registration 

exemption thresholds provided to banks and bank 

holding companies pursuant to the Jumpstart Our 

Business Startups Act (‘‘JOBS Act’’), which was 

enacted April 5, 2012. 

3, Schedule 13G, Schedule 14A, 

Schedule 14C, Schedule 14D–1 

(Schedule TO). 

Affected Public: Generally, any issuer 

of securities, reporting company, or 

shareholder of an issuer registered 

under the Securities Exchange Act of 

1934 with respect to securities 

registered under 12 CFR part 335. 

Estimated Number of Respondents: 

Form 6800/03—58; Form 6800/04—297; 

Form 6800/05—69; Form 8–A—2 ; Form 

8–C—2; Form 8–K—21; Form 10—2; 

Form 10–C—1; Form 10–K—21; Form 

10–Q—21, Form 12b–25—6; Form 15— 

2; Form 25—2; Schedule 13D—2; 

Schedule 13E–3—2; Schedule 13G—2; 

Schedule 14A—21; Schedule 14C—21; 

Schedule 14D–1 (Schedule TO)—2. 

Estimated Time per Response: Form 

6800/03—1 hour; Form 6800/04—30 

minutes; Form 6800/05—1 hour; Form 

8–A—3 hours; Form 8–C—2 hours; 

Form 8–K—2 hours; Form 10—215 

hours; Form 10–C—1 hour; Form 10– 

K—140 hours; Form 10–Q—100 hours; 

Form 12b–25—3 hours; Form 15—1 

hours; Form 25—1 hours; Schedule 

13D—3 hours; Schedule 13E–3—3 

hours; Schedule 13G—3 hours; 

Schedule 14A—40 hours; Schedule 

14C—40 hours; Schedule 14D–1 

(Schedule TO)—5 hours. 

Frequency of Response: Forms 6800/ 

05 and 10–K and Schedule 14A are filed 

annually. Form 10–Q is filed quarterly. 

All other forms are filed based on each 

event or transaction. 

Existing annual burden: 717 hours. 

New estimated additional annual 

burden: 10,829 hours. 

Total Estimated Annual Burden: 

11,546 hours. 

B. The Regulatory Flexibility Act 

The Regulatory Flexibility Act 

(‘‘RFA’’) generally requires an agency to 

consider whether a final rule will have 

a significant economic impact on a 

substantial number of small entities 

(defined in regulations promulgated by 

the Small Business Administration to 

include banking organizations with total 

assets of less than or equal to $550 

million).14 However, a regulatory 

flexibility analysis is not required if the 

agency certifies that the rule will not 

have a significant economic impact on 

a substantial number of small entities, 

and publishes its certification and a 

short explanatory statement in the 

Federal Register together with the rule. 

Part 390 subpart U was transferred 

from the OTS’s part 563d, which 

governs the public disclosure and filing 

requirements of State savings 

associations that issue securities 

registered pursuant to the Exchange Act. 

The corresponding FDIC rule for State 

nonmember banks is 12 CFR part 335. 

The Final Rule removes part 390 

subpart U in its entirety and revises part 

335 to incorporate State savings 

associations into the scope of the part. 

For the purposes of the RFA analysis, 

savings associations with total assets of 

$550 million or less are considered 

‘‘small entities.’’ Additionally, the 

Exchange Act exempts an issuer of 

securities from the registration and 

reporting requirements of the Act if it 

does not meet the statutory registration 

threshold under section 12(g) of the 

Exchange Act unless the issuer lists its 

securities on a national exchange and is 

subject to registration under section 

12(b) of the Exchange Act. Under 

section 12(g), a savings association that 

issues securities is subject to the 

Exchange Act requirements if, as of the 

last day of its last fiscal year, it has total 

assets of more than $10 million and a 

class of equity securities (other than an 

exempted security) held of record by 

either 2,000 persons or 500 persons who 

are not accredited investors.15

Consequently, insured State savings 

associations that have total assets of 

$550 million or less and meet the 

registration threshold under section 

12(g) are affected by this Final Rule. 

Based on both of the section 12(g) 

criteria, as of the current date, there is 

one insured State savings association 

that would be affected by the proposed 

rule out of a total universe of 54 insured 

State savings associations. The Final 

Rule also applies to insured State 

savings associations with securities 

listed on a national exchange; however, 

as of the current date, no insured State 

savings association has listed securities. 

Therefore, a substantial number of small 

entities are not affected. 

Additionally, part 390 subpart U and 

part 335 are substantively similar as 

both State nonmember banks and State 

savings associations are subject to the 

same provisions of the Exchange Act 

and the SOX Act. Both parts incorporate 

by reference the same SEC rules such 

that registered State nonmember banks 

and State savings associations currently 

must comply with substantially similar 

forms and reporting obligations. 

Therefore, there is no additional 

compliance burden imposed on 

registered State savings associations that 

would result in a significant economic 

impact on small State savings 

associations. 

For these reasons, the FDIC certifies 

that the Final Rule will not have a 

significant economic impact on a 

substantial number of small entities, 

within the meaning of those terms as 

used in the RFA. 

C. Small Business Regulatory 

Enforcement Fairness Act 

The Office of Management and Budget 

has determined that the Final Rule is 

not a ‘‘major rule’’ within the meaning 

of the Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA), 5 U.S.C. 801 et. seq. 

D. Plain Language 

Section 722 of the Gramm-LeachBliley Act, Public Law 106–102, 113 

Stat. 1338, 1471, 12 U.S.C. 4809, 

requires each Federal banking agency to 

use plain language in all of its proposed 

and final rules published after January 

1, 2000. As a Federal banking agency 

subject to the provisions of this section, 

the FDIC has sought to present the 

proposed rule to rescind part 390 

subpart U and revise part 335 in a 

simple and straightforward manner. 

Although the FDIC did not receive any 

comments, the FDIC sought to present 

the Final Rule in a simple and 

straightforward manner. 

List of Subjects 

12 CFR Part 335 

Banks, banking, Savings associations, 

Securities. 

12 CFR Part 390 

Savings associations, Securities. 

Authority and Issuance 

For the reasons stated in the 

preamble, the Board of Directors of the 

Federal Deposit Insurance Corporation 

amends parts 335 and 390 of title 12 of 

the Code of Federal Regulations as 

follows: 

PART 335—SECURITIES OF STATE 

NONMEMBER BANKS AND STATE 

SAVINGS ASSOCIATIONS 

■ 1. The authority citation for part 335 

is revised to read as follows: 

Authority: 12 U.S.C. 1819; 15 U.S.C. 78j– 

1, 78l(i), 78m, 78n, 78p, 78w, 5412, 5414, 

5415, 7241, 7242, 7243, 7244, 7261, 7262, 

7264, and 7265. 

■ 2. Revise the heading of part 335 to 

read as set forth above: 


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Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations 63501 

■ 3. In § 335.101, revise paragraph (a) to 

read as follows: 

§ 335.101 Scope of part, authority, and 

OMB control number 

(a) This part is issued by the Federal 

Deposit Insurance Corporation (the 

FDIC) under section 12(i) of the 

Securities Exchange Act of 1934, 15 

U.S.C. 78 et seq. (the Exchange Act), and 

applies to all securities of FDIC–insured 

State nonmember banks (including 

foreign banks having an insured branch) 

and State savings associations that are 

subject to the registration requirements 

of section 12(b) or section 12(g) of the 

Exchange Act). The FDIC is vested with 

the powers, functions, and duties of the 

Securities and Exchange Commission 

(SEC) to administer and enforce sections 

10A(m), 12, 13, 14(a), 14(c), 14(d), 14(f), 

and 16 of the Exchange Act) (15 U.S.C. 

78j–1, 78l, 78m, 78n(a), 78n(c), 78n(d), 

78n(f), and 78p), and sections 302, 303, 

304, 306, 401(b), 404, 406, and 407 of 

the Sarbanes-Oxley Act of 2002 (15 

U.S.C. 7241, 7242, 7243, 7244, 7261, 

7262, 7264, and 7265) regarding State 

nonmember banks and State savings 

associations with one or more classes of 

securities subject to the registration 

provisions of sections 12(b) or 12(g) of 

the Exchange Act. 

* * * * * 

■ 4. In § 335.221, revise paragraph (b) to 

read as follows: 

§ 335.221 Forms for registration of 

securities and cross reference to 

Regulation FD (Fair Disclosure). 

* * * * * 

(b) The requirements for Financial 

Statements can generally be found in 

Regulation S–X (17 CFR part 210). 

Banks and State savings associations 

may also refer to the instructions for 

Federal Financial Institutions 

Examination Council (FFIEC) 

Consolidated Reports of Condition and 

Income when preparing unaudited 

interim statements. The requirements 

for Management’s Discussion and 

Analysis of Financial Condition and 

Results of Operations can be found at 17 

CFR part 229. Additional requirements 

are provided at Industry Guide 3, 

Statistical Disclosure by Bank Holding 

Companies, which is found at 17 CFR 

part 229. 

* * * * * 

■ 5. In § 335.311, revise paragraph (b) to 

read as follows: 

§ 335.311 Forms for annual, quarterly, 

current, and other reports of issuers. 

* * * * * 

(b) The requirements for Financial 

Statements can generally be found in 

Regulation S–X (17 CFR part 210). 

Banks and State savings associations 

may also refer to the instructions for 

FFIEC Consolidated Reports of 

Condition and Income when preparing 

unaudited interim reports. The 

requirements for Management’s 

Discussion and Analysis of Financial 

Condition and Results of Operations can 

be found at 17 CFR part 229. Additional 

requirements are included in Industry 

Guide 3, Statistical Disclosure by Bank 

Holding Companies, which is found at 

17 CFR part 229. 

■ 6. In § 335.701, revise paragraphs (a) 

and (b) to read as follows: 

§ 335.701 Filing requirements, public 

reference, and confidentiality. 

* * * * * 

(a) Filing requirements. Unless 

otherwise indicated in this part, one 

original and four conformed copies of 

all papers required to be filed with the 

FDIC under the Exchange Act or 

regulations thereunder shall be filed at 

its office in Washington, DC. Official 

filings may be filed electronically at 

https://www2.fdicconnect.gov/

index.asp, except for FDIC Beneficial 

Ownership Forms 3, 4, and 5 for which 

electronic filing is mandatory as 

described in § 335.801(b). Paper filings 

should be submitted to the FDIC’s office 

in Washington, DC, and should be 

addressed as follows: Accounting and 

Securities Disclosure Section, Division 

of Risk Management Supervision, 

Federal Deposit Insurance Corporation, 

550 17th Street NW., Washington, DC 

20429. Material may be filed by delivery 

to the FDIC through the mails or 

otherwise. The date on which paper 

filings are actually received by the 

designated FDIC office shall be the date 

of filing. 

(b) Inspection. Except as provided in 

paragraph (c) of this section, all 

information filed regarding a security 

registered with the FDIC will be 

available for inspection at the Federal 

Deposit Insurance Corporation, 

Accounting and Securities Disclosure 

Section, Division of Risk Management 

Supervision, 550 17th Street NW., 

Washington, DC. Beneficial ownership 

report forms and other official filings 

that are electronically submitted to the 

FDIC are available for inspection on the 

FDIC’s Web site at http://

www2.fdic.gov/efr/ 

* * * * * 

■ 7. In § 335.801, revise paragraphs 

(b)(6)(i) introductory text, (b)(7)(iii), (d) 

introductory text, and (d)(1), (e)(1), 

(e)(2)(i) introductory text, (e)(2)(ii), and 

(f)(2) to read as follows: 

§ 335.801 Inapplicable SEC regulations; 

FDIC substituted regulations; additional 

information. 

* * * * * 

(b) * * * 

(6) * * * 

(i) A filer may apply in writing for a 

continuing hardship exemption if all or 

part of a filing or group of filings 

otherwise required to be filed in 

electronic format cannot be so filed 

without undue burden or expense. Such 

written application shall be made at 

least ten business days prior to the 

required due date of the filing(s) or the 

proposed filing date, as appropriate, or 

within such shorter period as may be 

permitted. The written application shall 

be sent to the Accounting and Securities 

Disclosure Section, Division of Risk 

Management Supervision, Federal 

Deposit Insurance Corporation, 550 17th 

Street NW., Washington, DC 20429, and 

shall contain the information set forth in 

paragraph (b)(6)(ii) of this section. 

* * * * * 

(7) * * * 

(iii) Where the FDIC’s rules require a 

filer to furnish a national securities 

exchange, a national securities 

association, a bank, or State savings 

association, paper copies of a document 

filed with the FDIC in electronic format, 

signatures to such paper copies may be 

in typed form. 

* * * * * 

(d) Indebtedness of management. 

Whenever this part of cross referenced 

provisions of the SEC regulations 

require disclosure of indebtedness of 

management, extensions of credit to 

specified persons in excess of ten (10) 

percent of the equity capital accounts of 

the bank or State savings association or 

$5 million, whichever is less, shall be 

deemed material and shall be disclosed 

in addition to any other required 

disclosure. The disclosure of this 

material indebtedness shall include the 

largest aggregate amount of 

indebtedness (in dollar amounts, and as 

a percentage of total equity capital 

accounts at the time), including 

extensions of credit or overdrafts, 

endorsements and guarantees 

outstanding at any time since the 

beginning of the bank or State savings 

association’s last fiscal year, and as of 

the latest practicable date. 

(1) If aggregate extensions of credit to 

all specified persons as a group 

exceeded 20 percent of the equity 

capital accounts of the bank or State 

savings association at any time since the 

beginning of the last fiscal year, the 

aggregate amount of such extensions of 

credit shall also be disclosed. 

* * * * * 


rmajette on DSK2TPTVN1PROD with RULES
63502 Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations 

(e) * * * 

(1) Three preliminary copies of each 

information statement, proxy statement, 

form of proxy, and other item of 

soliciting material to be furnished to 

security holders concurrently therewith, 

shall be filed with the FDIC by the bank, 

State savings association, or any other 

person making a solicitation subject to 

12 CFR 335.401 at least ten calendar 

days (or 15 calendar days in the case of 

other than routine meetings, as defined 

in paragraph (e)(2) of this section) prior 

to the date such item is first sent or 

given to any security holders, or such 

shorter date as may be authorized. 

(2) * * * 

(i) A meeting with respect to which 

no one is soliciting proxies subject to 12 

CFR 335.401 other than on behalf of the 

bank or State savings association and at 

which the bank or State savings 

association intends to present no 

matters other than: 

* * * * * 

(ii) The bank or State savings 

association does not comment upon or 

refer to a solicitation in opposition (as 

defined in 17 CFR 240.14a–6) in 

connection with the meeting in its 

proxy material. 

(f) * * * 

(2) The FDIC may, upon the written 

request of the bank or State savings 

association, and where consistent with 

the protection of investors, permit the 

omission of one or more of the 

statements or disclosures herein 

required, or the filing in substitution 

therefor of appropriate statements or 

disclosures of comparable character. 

* * * * * 

§ 335.901 [Removed] 

■ 8. Remove § 335.901. 

PART 390—REGULATIONS 

TRANSFERRED FROM THE OFFICE OF 

THRIFT SUPERVISION 

■ 9. The authority citation for part 390 

is revised to read as follows: 

Authority: 12 U.S.C. 1819. 

Subpart B also issued under 12 U.S.C. 

1818. 

Subpart C also issued under 5 U.S.C. 504; 

554–557; 12 U.S.C. 1464; 1467; 1468; 1817; 

1818; 1820; 1829; 3349, 4717; 15 U.S.C. 78l; 

78o–5; 78u–2; 28 U.S.C. 2461 note; 31 U.S.C. 

5321; 42 U.S.C. 4012a. 

Subpart D also issued under 12 U.S.C. 

1817; 1818; 1820; 15 U.S.C. 78l. 

Subpart E also issued under 12 U.S.C. 

1813; 1831m; 15 U.S.C. 78. 

Subpart F also issued under 5 U.S.C. 552; 

559; 12 U.S.C. 2901 et seq. 

Subpart G also issued under 12 U.S.C. 2810 

et seq., 2901 et seq.; 15 U.S.C. 1691; 42 U.S.C. 

1981, 1982, 3601–3619. 

Subpart I also issued under 12 U.S.C. 

1831x. 

Subpart J also issued under 12 U.S.C. 

1831p–1. 

Subpart L also issued under 12 U.S.C. 

1831p–1. 

Subpart M also issued under 12 U.S.C. 

1818. 

Subpart N also issued under 12 U.S.C. 

1821. 

Subpart O also issued under 12 U.S.C. 

1828. 

Subpart P also issued under 12 U.S.C. 

1470; 1831e; 1831n; 1831p–1; 3339. 

Subpart Q also issued under 12 U.S.C. 

1462; 1462a; 1463; 1464. 

Subpart R also issued under 12 U.S.C. 

1463; 1464; 1831m; 1831n; 1831p–1. 

Subpart S also issued under 12 U.S.C. 

1462; 1462a; 1463; 1464; 1468a; 1817; 1820; 

1828; 1831e; 1831o; 1831p–1; 1881–1884; 

3207; 3339; 15 U.S.C. 78b; 78l; 78m; 78n; 

78p; 78q; 78w; 31 U.S.C. 5318; 42 U.S.C. 

4106. 

Subpart T also issued under 12 U.S.C. 

1462a; 1463; 1464; 15 U.S.C. 78c; 78l; 78m; 

78n; 78w. 

Subpart V also issued under 12 U.S.C. 

3201–3208. 

Subpart W also issued under 12 U.S.C. 

1462a; 1463; 1464; 15 U.S.C. 78c; 78l; 78m; 

78n; 78p; 78w. 

Subpart X also issued under 12 U.S.C. 

1462; 1462a; 1463; 1464; 1828; 3331 et seq. 

Subpart Y also issued under 12 U.S.C. 

1831o. 

Subpart Z also issued under 12 U.S.C. 

1462; 1462a; 1463; 1464; 1828 (note). 

Subpart U [Removed and Reserved] 

■ 10. Remove and reserve part 390 

subpart U consisting of §§ 390.390 

through 390.395. 

■ 11. In § 390.321, revise paragraph 

(b)(2) to read as follows: 

§ 390.321 Regulatory reports. 

* * * * * 

(b) * * * 

(2) Exceptions. Regulatory reporting 

requirements that are not consistent 

with GAAP, if any, are not required to 

be reflected in the audited financial 

statements, including financial 

statements contained in securities 

filings submitted to the FDIC pursuant 

to the Securities Exchange Act of 1934 

or subpart W and 12 CFR part 192. 

* * * * * 

§ 390.380 [Amended] 

■ 12. In § 390.380, remove paragraph 

(a)(3). 

Dated at Washington, DC, this 21st day of 

October, 2014. 

By order of the Board of Directors, Federal 

Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

[FR Doc. 2014–25336 Filed 10–23–14; 8:45 am] 

BILLING CODE 6714–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0292; Directorate 

Identifier 2014–CE–011–AD; Amendment 

39–18001; AD 2014–15–02 R1] 

RIN 2120–AA64 

Airworthiness Directives; FiberglasTechnik Rudolf Lindner GmbH & Co. 

KG Gliders 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for 

Fiberglas-Technik Rudolf Lindner 

GmbH & Co. KG (type certificates 

formerly held by GROB–WERKE GMBH 

& CO KG and BURKHART GROB LUFTUND RAUMFAHRT GmbH & CO KG) 

Models G102 STANDARD ASTIR III, 

G102 CLUB ASTIR III, G102 CLUB 

ASTIR IIIb, G103 TWIN II, G103A TWIN 

II ACRO, G103C TWIN III ACRO, and G 

103 C Twin III SL gliders. This AD 

revises AD 2014–15–02, which required 

inspection of the rudder control unit for 

installation of plastic cable pulleys and 

replacement of plastic cable pulleys 

with aluminum cable pulleys. This AD 

retains the actions of AD 2014–15–02 

but clarifies the suffixes of serial 

numbers (S/Ns) in paragraph (c) 

Applicability. This AD was prompted 

by reports of plastic control cable 

pulleys developing cracks due to aging, 

which could lead to breaking of the 

pulley and potentially jamming the 

rudder control unit, possibly resulting 

in loss of control. We are issuing this 

AD to require actions to address the 

unsafe condition on these products. 

DATES: This final rule is effective 

October 24, 2014. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of August 27, 2014 (79 FR 42658, July 

23, 2014). 

We must receive comments on this 

AD by December 8, 2014. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 


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