Proposed Rule2023-26202

Long-Term Debt Requirements for Large Bank Holding Companies, Certain Intermediate Holding Companies of Foreign Banking Organizations, and Large Insured Depository Institutions; Extension of Comment Period

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Published
November 29, 2023
Effective
September 19, 2023

Issuing agencies

Treasury DepartmentComptroller of the CurrencyFederal Reserve SystemFederal Deposit Insurance Corporation

Abstract

On September 19, 2023, the Board of Governors of the Federal Reserve System (Board), the Federal Deposit Insurance Corporation (FDIC), and the Office of the Comptroller of the Currency (OCC) (collectively, the "agencies") published in the Federal Register a proposal to require certain large depository institution holding companies, U.S. intermediate holding companies of foreign banking organizations, and insured depository institutions, to issue and maintain outstanding a minimum amount of long-term debt. The agencies have determined that an extension of the comment period until January 16, 2024, is appropriate.

Full Text

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<title>Federal Register, Volume 88 Issue 228 (Wednesday, November 29, 2023)</title>
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[Federal Register Volume 88, Number 228 (Wednesday, November 29, 2023)]
[Proposed Rules]
[Pages 83364-83365]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26202]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 88, No. 228 / Wednesday, November 29, 2023 / 
Proposed Rules

[[Page 83364]]



DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency

12 CFR Parts 3 and 54

[Docket ID OCC-2023-0011]
RIN 1557-AF21

FEDERAL RESERVE SYSTEM

12 CFR Parts 216, 217, 238, and 252

[Regulations P, Q, LL, and YY; Docket No. R-1815]
RIN 7100-AG66

FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Parts 324 and 374

RIN 3064-AF86


Long-Term Debt Requirements for Large Bank Holding Companies, 
Certain Intermediate Holding Companies of Foreign Banking 
Organizations, and Large Insured Depository Institutions; Extension of 
Comment Period

AGENCY: Office of the Comptroller of the Currency, Department of the 
Treasury; Board of Governors of the Federal Reserve System; and Federal 
Deposit Insurance Corporation.

ACTION: Notice of proposed rulemaking; extension of comment period.

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SUMMARY: On September 19, 2023, the Board of Governors of the Federal 
Reserve System (Board), the Federal Deposit Insurance Corporation 
(FDIC), and the Office of the Comptroller of the Currency (OCC) 
(collectively, the ``agencies'') published in the Federal Register a 
proposal to require certain large depository institution holding 
companies, U.S. intermediate holding companies of foreign banking 
organizations, and insured depository institutions, to issue and 
maintain outstanding a minimum amount of long-term debt. The agencies 
have determined that an extension of the comment period until January 
16, 2024, is appropriate.

DATES: The comment period for the proposed rule published at 88 FR 
64524 (September 19, 2023) is extended. Comments must be received by 
January 16, 2024.

ADDRESSES: Comments should be directed to:
    OCC: Commenters are encouraged to submit comments through the 
Federal eRulemaking Portal. Please use the title ``Long-Term Debt 
Requirements for Large Bank Holding Companies, Certain Intermediate 
Holding Companies of Foreign Banking Organizations, and Large Insured 
Depository Institutions'' to facilitate the organization and 
distribution of the comments. You may submit comments by any of the 
following methods:
    <bullet> Federal eRulemaking Portal--<a href="http://Regulations.gov">Regulations.gov</a>:
    Go to <a href="https://regulations.gov/">https://regulations.gov/</a>. Enter ``Docket ID OCC-2023-0011'' 
in the Search Box and click ``Search.'' Public comments can be 
submitted via the ``Comment'' box below the displayed document 
information or by clicking on the document title and then clicking the 
``Comment'' box on the top-left side of the screen. For help with 
submitting effective comments, please click on ``Commenter's 
Checklist.'' For assistance with the <a href="http://Regulations.gov">Regulations.gov</a> site, please call 
1-866-498-2945 (toll free) Monday-Friday, 9 a.m.-5 p.m. ET, or email 
<a href="/cdn-cgi/l/email-protection#50223537253c3124393f3e2338353c203435233b103723317e373f26"><span class="__cf_email__" data-cfemail="c9bbacaebca5a8bda0a6a7baa1aca5b9adacbaa289aebaa8e7aea6bf">[email&#160;protected]</span></a>.
    <bullet> Mail: Chief Counsel's Office, Attention: Comment 
Processing, Office of the Comptroller of the Currency, 400 7th Street 
SW, Suite 3E-218, Washington, DC 20219.
    <bullet> Hand Delivery/Courier: 400 7th Street SW, Suite 3E-218, 
Washington, DC 20219.
    Instructions: You must include ``OCC'' as the agency name and 
``Docket ID OCC-2023-0011'' in your comment. In general, the OCC will 
enter all comments received into the docket and publish the comments on 
the <a href="http://Regulations.gov">Regulations.gov</a> website without change, including any business or 
personal information provided such as name and address information, 
email addresses, or phone numbers. Comments received, including 
attachments and other supporting materials, are part of the public 
record and subject to public disclosure. Do not include any information 
in your comment or supporting materials that you consider confidential 
or inappropriate for public disclosure.
    You may review comments and other related materials that pertain to 
this action by the following method:
    <bullet> Viewing Comments Electronically--<a href="http://Regulations.gov">Regulations.gov</a>:
    Go to <a href="https://regulations.gov/">https://regulations.gov/</a>. Enter ``Docket ID OCC-2023-0011'' 
in the Search Box and click ``Search.'' Click on the ``Dockets'' tab 
and then the document's title. After clicking the document's title, 
click the ``Browse All Comments'' tab. Comments can be viewed and 
filtered by clicking on the ``Sort By'' drop-down on the right side of 
the screen or the ``Refine Comments Results'' options on the left side 
of the screen. Supporting materials can be viewed by clicking on the 
``Browse Documents'' tab. Click on the ``Sort By'' drop-down on the 
right side of the screen or the ``Refine Results'' options on the left 
side of the screen checking the ``Supporting & Related Material'' 
checkbox. For assistance with the <a href="http://Regulations.gov">Regulations.gov</a> site, please call 1-
866-498-2945 (toll free) Monday-Friday, 9 a.m.-5 p.m. ET, or email 
<a href="/cdn-cgi/l/email-protection#d1a3b4b6a4bdb0a5b8bebfa2b9b4bda1b5b4a2ba91b6a2b0ffb6bea7"><span class="__cf_email__" data-cfemail="50223537253c3124393f3e2338353c203435233b103723317e373f26">[email&#160;protected]</span></a>.
    The docket may be viewed after the close of the comment period in 
the same manner as during the comment period.
    Board: You may submit comments, identified by Docket No. R-1815, 
RIN 7100-AG66 by any of the following methods:
    Agency Website: <a href="https://www.federalreserve.gov">https://www.federalreserve.gov</a>. Follow the 
instructions for submitting comments at <a href="https://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm">https://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm</a>.
    Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the 
instructions for submitting comments.
    Email: <a href="/cdn-cgi/l/email-protection#2d5f484a5e034e4240404843595e6d4b4849485f4c415f485e485f5b48034a425b"><span class="__cf_email__" data-cfemail="c6b4a3a1b5e8a5a9ababa3a8b2b586a0a3a2a3b4a7aab4a3b5a3b4b0a3e8a1a9b0">[email&#160;protected]</span></a>. Include the docket number 
and RIN in the subject line of the message.
    FAX: (202) 452-3819 or (202) 452-3102.
    Mail: Ann E. Misback, Secretary, Board of Governors of the Federal 
Reserve System, 20th Street and Constitution Avenue NW, Washington, DC 
20551.
    In general, all public comments will be made available on the 
Board's website at <a href="http://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm">www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm</a> as

[[Page 83365]]

submitted, and will not be modified to remove confidential, contact or 
any identifiable information. Public comments may also be viewed 
electronically or in paper in Room M-4365A, 2001 C Street NW, 
Washington, DC 20551, between 9 a.m. and 5 p.m. during Federal business 
weekdays.
    FDIC: The FDIC encourages interested parties to submit written 
comments. Please include your name, affiliation, address, email 
address, and telephone number(s) in your comment. You may submit 
comments to the FDIC, identified by RIN 3064-AF86, by any of the 
following methods:
    Agency Website: <a href="https://www.fdic.gov/resources/regulations/federal-register-publications">https://www.fdic.gov/resources/regulations/federal-register-publications</a>. Follow instructions for submitting comments on 
the FDIC's website.
    Mail: James P. Sheesley, Assistant Executive Secretary, Attention: 
Comments/Legal OES (RIN 3064-AF86), Federal Deposit Insurance 
Corporation, 550 17th Street NW, Washington, DC 20429.
    Hand Delivered/Courier: Comments may be hand-delivered to the guard 
station at the rear of the 550 17th Street NW building (located on F 
Street NW) on business days between 7 a.m. and 5 p.m.
    Email: <a href="/cdn-cgi/l/email-protection#accfc3c1c1c9c2d8dfeceae8e5ef82cbc3da"><span class="__cf_email__" data-cfemail="accfc3c1c1c9c2d8dfeceae8e5ef82cbc3da">[email&#160;protected]</span></a>. Include ``RIN 3064-AF86'' on the subject 
line of the message.
    Public Inspection: Comments received, including any personal 
information provided, may be posted without change to <a href="https://www.fdic.gov/resources/regulations/federal-register-publications">https://www.fdic.gov/resources/regulations/federal-register-publications</a>. 
Commenters should submit only information that the commenter wishes to 
make available publicly. The FDIC may review, redact, or refrain from 
posting all or any portion of any comment that it may deem to be 
inappropriate for publication, such as irrelevant or obscene material. 
The FDIC may post only a single representative example of identical or 
substantially identical comments, and in such cases will generally 
identify the number of identical or substantially identical comments 
represented by the posted example. All comments that have been 
redacted, as well as those that have not been posted, that contain 
comments on the merits of this document will be retained in the public 
comment file and will be considered as required under all applicable 
laws. All comments may be accessible under the Freedom of Information 
Act.

FOR FURTHER INFORMATION CONTACT: 
    OCC: Andrew Tschirhart, Risk Expert, Capital and Regulatory Policy, 
(202) 649-6370; or Carl Kaminski, Assistant Director, or Joanne 
Phillips, Counsel, Chief Counsel's Office, (202) 649-5490, Office of 
the Comptroller of the Currency, 400 7th Street SW, Washington, DC 
20219. If you are deaf, hard of hearing, or have a speech disability, 
please dial 7-1-1 to access telecommunications relay services.
    Board: Molly Mahar, Senior Associate Director, (202) 973-7360, Juan 
Climent, Assistant Director, (202) 872-7526, Tudor Rus, Manager, (202) 
475-6359, Francis Kuo, Lead Financial Institution Policy Analyst (202) 
530-6224, Lesley Chao, Lead Financial Institution Policy Analyst, (202) 
974-7063, Lars Arnesen, Senior Financial Institution Policy Analyst, 
(202) 452-2030, Division of Supervision and Regulation; or Charles 
Gray, Deputy General Counsel, (202) 510-3484, Reena Sahni, Associate 
General Counsel, (202) 452-3236, Jay Schwarz, Assistant General 
Counsel, (202) 452-2970, Josh Strazanac, Senior Counsel, (202) 452-
2457, Brian Kesten, Counsel, (202) 475-6650, Jacob Fraley, Attorney, 
(202) 452-3127, Vivien Lee, Attorney, (202) 452-2029, Legal Division, 
Board of Governors of the Federal Reserve System, 20th Street and 
Constitution Avenue NW, Washington, DC 20551. For users of TTY-TRS, 
please call 711 from any telephone, anywhere in the United States.
    FDIC: Andrew J. Felton, Deputy Director, (202) 898-3691; Ryan P. 
Tetrick, Deputy Director, (202) 898-7028; Elizabeth Falloon, Senior 
Advisor, (202) 898-6626; Julia E. Paris, Senior Cross-Border 
Specialist, (202) 898-3821, Division of Complex Institution Supervision 
and Resolution; R. Penfield Starke, Acting Deputy General Counsel, 
<a href="/cdn-cgi/l/email-protection#e795949386958c82a781838e84c9808891"><span class="__cf_email__" data-cfemail="cdbfbeb9acbfa6a88daba9a4aee3aaa2bb">[email&#160;protected]</span></a>; Celia P. Van Gorder, Acting Assistant General 
Counsel, (202) 898-6749; F. Angus Tarpley III, Counsel, (202) 898-8521; 
Dena S. Kessler, Counsel, (202) 898-3833, Legal Division; Federal 
Deposit Insurance Corporation, 550 17th Street NW, Washington, DC 
20429.

SUPPLEMENTARY INFORMATION: On September 19, 2023, the agencies 
published in the Federal Register a proposal to require certain large 
depository institution holding companies, U.S. intermediate holding 
companies of foreign banking organizations, and insured depository 
institutions, to issue and maintain outstanding a minimum amount of 
long-term debt.\1\ The notice of proposed rulemaking stated that the 
comment period would close on November 30, 2023. The agencies have 
received requests to extend the comment period. An extension of the 
comment period will provide additional opportunity for the public to 
consider the proposal and prepare comments, including to address the 
questions posed by the agencies. Therefore, the agencies are extending 
the end of the comment period for the proposal from November 30, 2023, 
to January 16, 2024.
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    \1\ Long-Term Debt Requirements for Large Bank Holding 
Companies, Certain Intermediate Holding Companies of Foreign Banking 
Organizations, and Large Insured Depository Institutions, 88 FR 
64524 (September 19, 2023), <a href="https://www.federalregister.gov/documents/2023/09/19/2023-19265/long-term-debt-requirements-for-large-bank-holding-companies-certain-intermediate-holding-companies">https://www.federalregister.gov/documents/2023/09/19/2023-19265/long-term-debt-requirements-for-large-bank-holding-companies-certain-intermediate-holding-companies</a>.

Michael J. Hsu,
Acting Comptroller of the Currency.

    By order of the Board of Governors of the Federal Reserve 
System, acting through the Secretary of the Board under delegated 
authority.
Ann E. Misback,
Secretary of the Board.

Federal Deposit Insurance Corporation.

    Dated at Washington, DC, on November 20, 2023.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2023-26202 Filed 11-28-23; 8:45 am]
BILLING CODE 4810-33-6210-01-6714-01-P


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