[Federal Register Volume 83, Number 44 (Tuesday, March 6, 2018)]
[Rules and Regulations]
[Page 9419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04385]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 83, No. 44 / Tuesday, March 6, 2018 / Rules
and Regulations
[[Page 9419]]
FEDERAL RESERVE SYSTEM
12 CFR Part 265
[Docket No. R-1600]
RIN 7100 AE99
Rules Regarding Delegation of Authority: Delegation of Authority
to the Secretary of the Board
AGENCY: Board of Governors of the Federal Reserve System (Board).
ACTION: Final rule.
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SUMMARY: The Board is amending its rules regarding delegation of
authority to delegate to the Secretary of the Board the authority to
review and determine an appeal of denial of access to Board records
under the Freedom of Information Act, the Privacy Act, and the Board's
rules regarding such access.
DATES: Effective March 6, 2018.
FOR FURTHER INFORMATION CONTACT: Brian Phillips, Attorney, (202) 452-
3321, Legal Division, Board of Governors of the Federal Reserve System,
20th and C Streets NW, Washington, DC 20551. For the hearing impaired
only, Telecommunications Device for the Deaf (TDD) users may contact
(202) 263-4869.
SUPPLEMENTARY INFORMATION:
I. Discussion
The Board previously adopted a rule delegating to any member of the
Board, as designated by the Chairman, the authority to ``review and
determine an appeal of denial of access to Board records under the
Freedom of Information Act, the Privacy Act, and the Board's rules
regarding such access.'' \1\ The Board has determined that the
Secretary of the Board is capable of acting on such requests.
Accordingly, the Board is amending its rules regarding delegation of
authority to delegate to the Secretary of the Board the authority to
review and determine an appeal of denial of access to Board records
under the Freedom of Information Act, the Privacy Act, and the Board's
rules regarding such access, and to delete the existing delegation of
authority to individual Board members.
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\1\ 12 CFR 265.4(a)(1) (internal citations omitted).
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II. Regulatory Analysis
These amendments relate solely to the agency's organization,
procedure, or practice. Accordingly, the provisions of the
Administrative Procedure Act regarding notice of proposed rulemaking
and opportunity for public participation are not applicable.\2\
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\2\ 5 U.S.C. 553(b)(A).
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Because no notice of proposed rulemaking is required to be issued,
or has been issued, in connection with this rule, it is not a ``rule''
for purposes of the Regulatory Flexibility Act, and that act,
therefore, does not apply.\3\
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\3\ See 5 U.S.C. 601(2).
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These amendments do not contain any collection of information
requirements as defined by the Paperwork Reduction Act of 1995, as
amended.\4\
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\4\ 44 U.S.C. 3501 et seq.
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Section 722 of the Gramm-Leach-Bliley Act \5\ requires the Federal
banking agencies to use plain language in all proposed and final rules
published after January 1, 2000. The Board has sought to present this
rule in a simple and straightforward manner.
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\5\ Public Law 106-102, 113 Stat. 1338, 1471 (1999) (codified at
12 U.S.C. 4809).
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The rule is not a ``substantive rule'' for the purposes of the
effective-date provision of the Administrative Procedure Act; as such,
the act does not require the Board to delay the effective date of the
rule.\6\ Accordingly, the amendments are effective March 6, 2018.
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\6\ See 5 U.S.C. 553(d).
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List of Subjects in 12 CFR Part 265
Authority delegations (Government agencies), Banks, banking.
Authority and Issuance
For the reasons stated in the Supplementary Information, the Board
of Governors of the Federal Reserve System amends 12 CFR part 265 as
follows:
PART 265--RULES REGARDING DELEGATION OF AUTHORITY
0
1. The authority citation for part 265 continues to read as follows:
Authority: 12 U.S.C. 248(i) and (k).
Sec. 265.4 [Amended]
0
2. In Sec. 265.4:
0
a. Remove paragraph (a)(1); and
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b. Redesignate paragraphs (a)(2) through (4) as paragraphs (a)(1)
through (3).
0
3. In Sec. 265.5:
0
a. Revise the introductory text;
0
b. Redesignate paragraphs (b)(2) and (3) as paragraphs (b)(3) and (4);
and
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c. Add new paragraph (b)(2)
The revisions and additions read as follows:
Sec. 265.5 Functions delegated to Secretary of the Board.
The Secretary of the Board (or the Secretary's delegee) is
authorized:
* * * * *
(b) * * *
(2) Review of denial of access to Board records; FOIA. To review
and determine an appeal of denial of access to Board records under the
Freedom of Information Act (5 U.S.C. 552), the Privacy Act (5 U.S.C.
552a), and the Board's rules regarding such access (12 CFR parts 261
and 261a, respectively).
* * * * *
By order of the Board of Governors of the Federal Reserve
System, February 28, 2018.
Margaret M. Shanks,
Deputy Secretary of the Board.
[FR Doc. 2018-04385 Filed 3-5-18; 8:45 am]
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