BNK-52-07-00001-P Fees Charged, Addresses and Contact Information, Federal Publications

12/26/07 N.Y. St. Reg. BNK-52-07-00001-P

NEW YORK STATE REGISTER

VOLUME XXIX, ISSUE 52

December 26, 2007

RULE MAKING ACTIVITIES

BANKING DEPARTMENT

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. BNK-52-07-00001-P

Fees Charged, Addresses and Contact Information, Federal Publications

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed action:

This is a consensus rule making to amend Parts 6, 11, 14, 16, 30, 34, 39, 41, 51, 66, 76, 86, 87, 301, 303, 306, 307, 400, 401, 402, 406, 407 and 410, Supervisory Policy G 1 and Supervisory Procedures G 100, G 101, G 104, G 105, G 106, G 109, G 110, G 114, CB 101, CB 103, CB 105, CB 107, CB 109, CB 111, CB 113, CB 116, CB 117, SB 101, SB 110, SL 101, SL 110, SL 111, SL 112, FB 101, FB 102, MB 101, MB 102, MB 103, MB 104, MB 105 and MB 106; repeal Supervisory Policy G 107 and add Part 500 to Title 3 NYCRR.

Statutory authority:

Banking Law, sections 12, 14(1), 18 and 18-a

Subject:

References in the Banking Department's regulations to fees charged by the department, addresses and contact information for the department, and Federal publications.

Purpose:

To update, conform, and centralize the subject references.

Substance of proposed rule:

Although the proposed rule making entails numerous amendments to 3 NYCRR, the primary amendments are contained in Supervisory Policy G 1. Section 1.2 of such Policy contains a chart which lists all the fees prescribed by the Banking Law and the statutory authorizations for such fee amounts. The amendments update that section to reflect the new fee amounts prescribed by section 18-a of the Banking Law. Section 1.2 also sets forth the records access fees (copying and certification fees) authorized by section 18 of the Banking Law. Section 1.1 of Supervisory Policy G 1 sets forth the contact information for the Banking Department, the publication sources for federal laws, regulations and supervisory materials cited elsewhere in 3 NYCRR, and the contact information to review or obtain copies of such laws, regulations and materials.

The rule making also adds a new Sub-chapter C to the Superintendent's Regulations and a new Part 500 within such sub-chapter. Sub-chapter C is designated as “general regulations” having application to both banking and non-banking organizations. The purpose of the new Part 500 is to establish the regulatory basis within the Superintendent's Regulations for the placement of both the investigation and records access fees within Supervisory Policy G 1. With respect to the records access fees, section 18 of the Banking Law authorizes the Superintendent to set such fees by regulation. Section 18-a, which sets the fee amounts for applications, authorizes the Superintendent to reduce or waive fees under certain conditions pursuant to regulations.

The other amendments to 3 NYCRR generally delete references to specific fee amounts, federal publication sources related to federal document citations, and/or contact information for the Banking Department or federal document access and substitute references to sections 1.1 and/or 1.2 of Supervisory Policy G 1, as appropriate, to enable a reader to locate the pertinent information. Any other amendments are technical or the deletion of regulatory provisions that are dated or have been superseded as the result of other statutory or regulatory amendments. The revisions to 3 NYCRR in this regard are as follows:

Sections 6.3(b) and 6.5(b) of Part 6 of the General Regulations of the Banking Board are amended;

Section 11.6 of Part 11 of the General Regulations of the Banking Board is amended;

Section 14.3(c) and (d)(11) of Part 14 of the General Regulations of Banking Board is amended;

Section 16.4 of Part 16 of the General Regulations of the Banking Board are amended;

Section 30.4 of Part 30 of the General Regulations of the Banking Board is amended;

Section 34.2(b) of Part 34 of the General regulations of the Banking Board is amended;

Section 36.1 of Part 36 of the General Regulations of the Banking Board are amended;

Section 39.3(b) of Part 39 of the General Regulations of the Banking Board is amended;

Section 41.1(b), (c),(h) and (j) of Part 41 of the General Regulations of the Banking Board is amended;

Section 51.4(c) of Part 51 of the General Regulations of the Banking Board is amended;

Sections 66.2(b), 66.3(a) and 66.4(b) of Part 66 of the General Regulations of the Banking Board are amended;

Sections 76.2(v) and (w) and 76.8(a)(1), (c)(1) and (d)(1) of Part 76 of the General Regulations of the Banking Board are amended;

Section 79.11(a) of Part 79 of the General Regulations of the Banking Board is amended;

Footnote 1 of item 14 of section 86.14 of Part 86 of the General Regulations of the Banking Board is repealed and section 86.4(b) and note 2(d) of section 86.14 of such Part are amended;

Section 87.1(b) of Part 87 of the General Regulations of the Banking Board is amended;

Section 301.8 of Part 301 of the Superintendent's Regulations is amended;

Section 303.3 (d) of Part 303 of the Superintendent's Regulations is amended;

Subdivision b of Section 306.1, Explanatory Note, of Part 306 of the Superintendent s Regulations is repealed and Section 306.2 is amended;

Subdivision b of Section 307.1, Explanatory Note, of Part 307 of the Superintendent's Regulations is repealed and Section 307.2 is amended;

Section 400.2 of Part 400 the Superintendent's Regulations is repealed; sections 400.3 through 400.15 are renumbered, respectively, sections 400.2 through 400,14; and sections 400.1(b) and 400.5(d)(2) of such part are amended;

Sections 401.1(a), 401.2(a) and 401.4 of the Superintendent's Regulations are amended;

The opening paragraph of section 402.2(b) and sections 402.9(b), 402.16 and 402.17(a)(3) of Part 402 of the Superintendent's Regulations are amended;

Sections 406.3(a)(2), 406.4(d)(1)(iii), and 406.16 of Part 406 of the Superintendent's Regulations are amended;

Subdivision (a) and the opening paragraph of subdivision (b) of Section 407.1 of Part 407 of the Superintendent's Regulations are amended;

Sections 410.6(c) and 410.5 of Part 410 of the Superintendent's Regulations are repealed; sections 410.6 through 410.19 are renumbered, respectively, sections 410.5 through 410.18, and sections 410.2, 410.4 410.5(a), 410.7(q) and 410.14(a) of such part are amended;

Section 100.1 of Supervisory Procedure G 100 is amended;

Section 101.1 of Supervisory Procedure G 101 is amended;

Section 104.1 of Supervisory Procedure G 104 is amended;

Section 105.1 of Supervisory Procedure G 105 is amended;

The opening paragraph of section 106.4 and section 106.5(b) of Supervisory Procedure G 106 are amended;

Supervisory Procedure G 107 is repealed;

Section 109.2 of Supervisory Procedure G 109 is amended;

Section 110.2 of Supervisory Procedure G 110 is amended;

Sections 114.2 and 114.11(a) of Supervisory Procedure G 114 are amended;

Section 101.3(a) of Supervisory Procedure CB 101 is amended;

Section 103.1(a) of Supervisory Procedure CB 103 is amended;

Section 105.1(a) of Supervisory Procedure CB 105 is amended;

Section 107.1 of Supervisory Procedure CB 107 is amended;

Section 109.1 of Supervisory Procedure CB 109 is amended;

Section 111.1 of Supervisory Procedure CB 111 is amended;

Section 113.1 of Supervisory Procedure CB 113 is amended;

Section 116.1 of Supervisory Procedure CB 116 is amended;

Section 117.1(b) of Supervisory Procedure CB 117 is amended;

Section 101.1(a) of Supervisory Procedure SB 104 is amended;

Section 110.1(b) of Supervisory Procedure SB 110 is amended;

Section 101.1(a) of Supervisory Procedure SL 101 is amended;

Section 110.1(b) of Supervisory Procedure SL 110 is amended;

Section 111.1(b) of Supervisory Procedure SL 111 is amended;

Section 112.1(b) of Supervisory Procedure SL 112 is amended;

Sections 101.1 and 101.2 of Supervisory Procedure FB 101 is amended;

Sections 102.1 and 102.2 of Supervisory Procedure FB 102 is amended;

Sections 101.1(a) and 101.2 of Supervisory Procedure MB 101 are amended;

Sections 102.1(a) and 102.2 of Supervisory Procedure MB 102 are amended;

Sections 103.1(a) and 103.2 of Supervisory Procedure MB 103 are amended;

Sections 104.1(a) and 104.2 of Supervisory Procedure MB 104 are amended;

Sections 105.3 and 105.4(a) and (a)(1) of Supervisory Procedure MB 105 are amended; and

Section 106.1 of Supervisory Procedure MB 106 is amended.

Text of proposed rule and any required statements and analyses may be obtained from:

Sam L. Abram, Secretary to the Banking Board, Banking Department, One State St., New York, NY 10004-1417, [phone], e-mail: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

The proposed rule making comprises primarily technical amendments to many sections of the General Regulations of the Banking Board, the Superintendent's Regulations and the Supervisory Policies and Procedures set forth in 3 NYCRR. The proposed amendments will have no effect upon regulated parties, small businesses or local units of government throughout New York.

Chapter 59, part O, of the laws of 2006 amended Section 18 of the Banking Law and Chapter 109, part D-1, of the laws of 2006 added Section 18-a to the Banking Law. These changes in the law necessitated a revision of Supervisory Policy G 1 to make references to certain fees therein consistent with the amendments to sections 18 and 18-a. In addition to making revisions to Supervisory G 1 necessary to conform to the changes in the law, the rulemaking also revises Supervisory Policy G 1 to centralize references within 3 NYCRR to investigation and records access fees, addresses and other contact information for the Department and access information for the United States Code, the Code of Federal Regulations and the Federal Register. Further, the proposed rule amends numerous other sections of 3 NYCRR to cross reference the amended Supervisory Policy G 1. Such amendments will ensure 3 NYCRR will remain internally consistent with respect to such references. Following adoption of the proposed rule, it will only be necessary to update Supervisory Policy G 1 in order to keep such references current.

Job Impact Statement

The purpose of the proposed amendments is to update, conform and centralize references in the regulations to fees charged by the Banking Department, addresses and contact information for the Department, and federal publications so that such references reflect accurate and current information and can be maintained in the future with minimal amendment to the Banking Department's regulations.

A job impact statement is not submitted because it is apparent from the nature and purposes of the proposed amendments that they will not have a substantial adverse impact on jobs and employment opportunities.