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37029

Proposed Rules

Federal Register
Vol. 76, No. 122
Friday, June 24, 2011

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.

DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
12 CFR Part 45
[Docket No. OCC–2011–0008]
RIN 1557–AD43

DEPARTMENT OF THE TREASURY

BOARD OF GOVERNORS OF THE
FEDERAL RESERVE SYSTEM

Office of the Comptroller of the
Currency

12 CFR Part 237

12 CFR Parts 4, 5, 7, 8, 28, and 34

[Docket No. R–1415]

[Docket ID OCC–2011–0006]

RIN 7100 AD74

RIN 1557–AD41

FEDERAL DEPOSIT INSURANCE
CORPORATION

Office of Thrift Supervision Integration;
Dodd-Frank Act Implementation;
Correction

12 CFR Part 324
RIN 3064–AD79

Correction

FARM CREDIT ADMINISTRATION

In proposed rule document 2011–
13887 appearing on page 32332 in the
issue of Monday, June 6, 2011, make the
following correction:
In the second column, in the
SUPPLEMENTARY INFORMATION section, in
the first paragraph, in the tenth line,
‘‘regs.comments@occ.treas.gov’’ should
read ‘‘regs.comments@occ.gov’’.

12 CFR Part 624

[FR Doc. C1–2011–13887 Filed 6–23–11; 8:45 am]

Margin and Capital Requirements For
Covered Swap Entities

BILLING CODE 4810–33–P

RIN 3052–AC69

FEDERAL HOUSING FINANCE
AGENCY
12 CFR Part 1221
RIN 2590–AA45

Office of the Comptroller of the
Currency, Treasury (OCC); Board of
Governors of the Federal Reserve
System (Board); Federal Deposit
Insurance Corporation (FDIC); Farm
Credit Administration (FCA); and the
Federal Housing Finance Agency
(FHFA).
ACTION: Proposed rule; extension of
comment period.
AGENCY:

On May 11, 2011, the OCC,
Board, FDIC, FCA, and FHFA
(collectively, the Agencies) published in
the Federal Register a joint notice of
proposed rulemaking for public
comment to establish minimum margin
and capital requirements for registered
swap dealers, major swap participants,
security-based swap dealers, and major
security-based swap participants for
which one of the Agencies is the
prudential regulator (the proposed rule).
Due to the complexity of the
rulemaking, to allow parties more time

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SUMMARY:

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to consider the impact of the proposed
rule, and so that the comment period on
the proposed rule will run concurrently
with the comment period for similar
margin and capital requirements
proposed by the Commodity Futures
Trading Commission, the Agencies have
determined that an extension of the
comment period until July 11, 2011 is
appropriate. This action will allow
interested persons additional time to
analyze the proposed rules and prepare
their comments.
DATES: Comments on the proposed rule
must be received on or before July 11,
2011.
ADDRESSES: You may submit comments
by any of the methods identified in the
proposed rule. Please submit your
comments using only one method.
FOR FURTHER INFORMATION CONTACT:
OCC: Michael Sullivan, Director, Market
RAD (202) 874–3978, Kurt Wilhelm,
Director, Financial Markets Group (202)
874–4479, Jamey Basham, Assistant
Director, Legislative and Regulatory
Activities Division (202) 874–5090, or
Ron Shimabukuro, Senior Counsel,
Legislative and Regulatory Activities
Division (202) 874–5090, Office of the
Comptroller of the Currency, 250 E
Street, SW., Washington, DC 20219.
Board: Sean D. Campbell, Deputy
Associate Director, Division of Research
and Statistics, (202) 452–3761, Michael
Gibson, Senior Associate Director,
Division of Research and Statistics,
(202) 452–2495, or Jeremy R. Newell,
Senior Attorney, Legal Division, (202)
452–3239, Board of Governors of the
Federal Reserve System, 20th and C
Streets, NW., Washington, DC 20551.
FDIC: Bobby R. Bean, Chief, Policy
Section, (202) 898–6705, John Feid,
Senior Capital Markets Specialist, (202)
898–8649, Division of Risk Management
Supervision, Thomas F. Hearn, Counsel,
(202) 898–6967, or Ryan K. Clougherty,
Senior Attorney, (202) 898–3843, Legal
Division, Federal Deposit Insurance
Corporation, 550 17th Street, NW.,
Washington, DC 20429.
FHFA: Robert Collender, Principal
Policy Analyst, Office of Policy Analysis
and Research, 202–343–1510,
Robert.Collender@fhfa.gov, Peggy
Balsawer, Assistant General Counsel,
Office of General Counsel, 202–343–
1529, Peggy.Balsawer@fhfa.gov, or
James Carley, Senior Associate Director,
Division of FHLBank Regulation, 202–
408–2507, James.Carley@fhfa.gov,

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37030

Federal Register / Vol. 76, No. 122 / Friday, June 24, 2011 / Proposed Rules

Federal Housing Finance Agency,
Fourth Floor, 1700 G Street, NW.,
Washington, DC 20552. The telephone
number for the Telecommunications
Device for the Hearing Impaired is (800)
877–8339.
FCA: William G. Dunn, Acting
Associate Director, Finance and Capital
Markets Team, Office of Regulatory
Policy, Farm Credit Administration,
McLean, VA 22102–5090, (703) 883–
4414, TTY (703) 883–4434, Joseph T.
Connor, Associate Director for Policy
and Analysis, Office of Secondary
Market Oversight, Farm Credit
Administration, McLean, VA 22102–
5090, (703) 883–4280, TTY (703) 883–
4434, or Rebecca S. Orlich, Senior
Counsel, Office of General Counsel,
Farm Credit Administration, McLean,
VA 22102–5090, (703) 883–4020, TTY
(703) 883–4020.
On May
11, 2011, the proposed rule was
published in the Federal Register.1 The
proposed rule would establish
minimum margin and capital
requirements for registered swap
dealers, major swap participants,
security-based swap dealers, and major
security-based swap participants for
which one of the Agencies is the
prudential regulator, as required under
sections 731 and 764 of the Dodd-Frank
Wall Street Reform and Consumer
Protection Act (the Dodd-Frank Act).2
Sections 731 and 764 of the Dodd-Frank
Act add a new section 4s to the
Commodity Exchange Act and a new
section 15F to the Securities Exchange
Act of 1934, respectively, which require
the registration and regulation of swap
dealers and major swap participants and
security-based swap dealers and major
security-based swap participants
(collectively, swap entities). For certain
types of swap entities that are
prudentially regulated by one of the
Agencies, sections 731 and 764 of the
Dodd-Frank Act require the Agencies to
adopt rules jointly for swap entities
under their respective jurisdictions
imposing (i) capital requirements and
(ii) initial and variation margin
requirements on all non-cleared swaps
and non-cleared security-based swaps.
In recognition of the complexities of the
rulemaking and the variety of
considerations involved in its impact
and implementation, the Agencies
requested that commenters respond to
numerous questions. The proposed rule

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SUPPLEMENTARY INFORMATION:

stated that the public comment period
would close on June 24, 2011.3
The Agencies have received requests
from the public for an extension of the
comment period.4 The Agencies believe
that it is important to allow parties more
time to consider the impact of the
proposed rule, and to extend the
comment period on the proposed rule so
that it will run concurrently with the
comment period for similar margin and
capital requirements proposed by the
Commodity Futures Trading
Commission.5 Therefore, the Agencies
are extending the deadline for
submitting comments on the proposed
rule from June 24, 2011 to July 11, 2011.
Dated: June 21, 2011.
Julie L. Williams,
First Senior Deputy Comptroller and Chief
Counsel.
By order of the Board of Governors of the
Federal Reserve System, acting through the
Secretary under delegated authority, June 22,
2011.
Jennifer J. Johnson,
Secretary of the Board.
Dated at Washington, DC, this 21 of June
2011.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
Dale L. Aultman
Secretary, Farm Credit Administration Board.
Dated: June 21, 2011.
Stephen M. Cross,
Deputy Director of the Division of Bank
Regulation.
By delegation,
Federal Housing Finance Agency.
[FR Doc. 2011–16004 Filed 6–23–11; 8:45 am]
BILLING CODE 6714–01–8070–01–6705–01–6210–01–
4810–33–P

I. Background
NATIONAL CREDIT UNION
ADMINISTRATION
12 CFR Part 703
Financial Derivatives Transactions To
Offset Interest Rate Risk; Investment
and Deposit Activities
National Credit Union
Administration.
ACTION: Advance Notice of Proposed
Rulemaking.
AGENCY:

Through this Advance Notice
of Proposed Rulemaking (‘‘ANPR’’), the
National Credit Union Administration

SUMMARY:

3 See

1 See

76 FR 27564.
2 Dodd-Frank Wall Street Reform and Consumer
Protection Act, Public Law 111–203, 124 Stat. 1376
(2010).

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(‘‘NCUA’’) requests public comments on
whether and how to modify its rule on
investment and deposit activities to
permit a natural person credit union to
engage in the purchase and sale of
financial derivatives for the purpose of
offsetting interest rate risk. Although
permitted by law, NCUA currently
allows only a limited number of credit
unions, on a case-by-case basis, to
engage in such transactions under an
investment pilot program.
DATES: Comments must be received on
or before August 23, 2011.
ADDRESSES: You may submit comments
by any one of the following methods
(Please send comments by one method
only):
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
• NCUA Web Site: thttp://
www.ncua.gov/
RegulationsOpinionsLaws/proposed_
regs/proposed_regs.html. Follow the
instructions for submitting comments.
• E-mail: Address to
regcomments@ncua.gov. Include ‘‘[Your
name] Comments on Part 703 ANPR,
Financial Derivatives Transactions to
Offset Interest Rate Risk’’ in the e-mail
subject line.
• Fax: (703) 518–6319. Use the
subject line described above for e-mail.
• Mail: Address to Mary Rupp,
Secretary of the Board, National Credit
Union Administration, 1775 Duke
Street, Alexandria, Virginia 22314–
3428.
• Hand Delivery/Courier: Same as
mail address.
FOR FURTHER INFORMATION CONTACT:
Jeremy Taylor, Senior Capital Market
Specialist, telephone: 703/518–6628.
SUPPLEMENTARY INFORMATION:

id.
comment letter to the OCC, Board, and FDIC
from American Bankers Association et al. (June 17,
2011).
5 See 76 FR 23732; 76 FR 27621.
4 See

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A. Financial Derivatives Transactions.
A financial ‘‘derivative’’ is a financial
contract, the value of which is derived
from the performance of an underlying
asset or market index. An interest rate
‘‘swap,’’ for example, may be tied to
short-term ‘‘LIBOR rates’’, which are
variable, and long-term ‘‘swap rates,’’
which are fixed. The parties to an
interest rate ‘‘swap’’ transaction can
agree to exchange fixed cash flows for
variable cash flows. The purpose may be
either speculative or to reduce risk.
A credit union may enter into a
derivatives transaction to protect itself
against interest rate risk. For example, a
credit union that has invested its
deposits in a portfolio of mortgages that
pays a fixed rate of interest is exposed
to risk of an upward movement in
interest rates. On members’ variable rate

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