Notice of Proposed Rulemaking: Streamlining Regulations Concerning Public Welfare Investments, Open Market Collateralized Loan Obligations, and Federal Savings Association[...]

Summary

The Office of the Comptroller of the Currency (OCC) is issuing a notice of proposed rulemaking to rescind or amend certain regulations that are unnecessary, based on anything other than the best reading of the underlying statutory authority, or lacking clear statutory authority, consistent with Executive Order 14219, Ensuring Lawful Governance and Implementing the President's "Department of Government Efficiency" Deregulatory Initiative (EO 14219).¹ The proposed rule would streamline 12 CFR parts 24, 43, and 128 of title 12 of the Code of Federal Regulations by rescinding or amending regulations that meet the criteria of EO 14219 or are otherwise unnecessary, duplicative, or burdensome.

Comments on all aspects of the proposed rule must be received by 30 days after publication in the Federal Register.

Highlights

• Consistent with EO 14219, the proposed rule would remove certain references to minority- and women-owned entities in the part 24 regulations for Community Development Corporation and Project Investments and Other Public Welfare Investments; rescind the credit risk retention requirements for open market collateralized loan obligations at 12 CFR 43.9; and remove certain duplicative non-discrimination requirements for federal savings associations in part 128.

Background

The OCC conducted a review of its existing regulations for consistency with the criteria set out in EO 14219, which requires agencies to review all regulations subject to their sole or joint jurisdiction for consistency with law and administration policy. Among other criteria, EO 14219 requires agencies to identify regulations that (1) are based on anything other than the best reading of the underlying statutory authority and (2) implicate matters of social, political, or economic significance that are not authorized by clear statutory authority.

Further Information

Please contact Chris Rafferty, Counsel, Chief Counsel's Office, at (202) 649-5490.

Adam Cohen
Senior Deputy Comptroller and Chief Counsel

Related Link

• Streamlining Regulations Concerning Public Welfare Investments, Open Market Collateralized Loan Obligations, and Federal Savings Association Nondiscrimination Requirements (PDF)