80_FR_30485 80 FR 30383 - Liquidity Coverage Ratio: Treatment of U.S. Municipal Securities as High-Quality Liquid Assets

80 FR 30383 - Liquidity Coverage Ratio: Treatment of U.S. Municipal Securities as High-Quality Liquid Assets

FEDERAL RESERVE SYSTEM

Federal Register Volume 80, Issue 102 (May 28, 2015)

Page Range30383-30389
FR Document2015-12850

The Board of Governors of the Federal Reserve System (Board) invites public comment on a proposed rule (proposed rule) that would amend the Board's liquidity coverage ratio requirement (LCR) to include certain U.S. municipal securities as high-quality liquid assets (HQLA). This proposed rule includes as level 2B liquid assets under the LCR general obligation securities of a public sector entity that meet the same criteria as corporate debt securities that are included as level 2B liquid assets, subject to limits that are intended to address the unique structure of the U.S. municipal securities market. This proposed rule would apply to all Board-regulated institutions that are subject to the LCR, which include: (1) Bank holding companies, certain savings and loan holding companies, and state member banks that, in each case, have $250 billion or more in total consolidated assets or $10 billion or more in on-balance sheet foreign exposure; (2) state member banks with $10 billion or more in total consolidated assets that are consolidated subsidiaries of bank holding companies described in (1); and (3) nonbank financial companies designated by the Financial Stability Oversight Council for Board supervision to which the Board has applied the LCR by rule or order. This proposed rule would also permit bank holding companies and certain savings and loan holding companies, in each case with $50 billion or more in total consolidated assets that are subject to the Board's modified liquidity coverage ratio to rely on the proposed expanded definition of HQLA.

Federal Register, Volume 80 Issue 102 (Thursday, May 28, 2015)
[Federal Register Volume 80, Number 102 (Thursday, May 28, 2015)]
[Proposed Rules]
[Pages 30383-30389]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12850]


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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. 80, No. 102 / Thursday, May 28, 2015 / 
Proposed Rules

[[Page 30383]]



FEDERAL RESERVE SYSTEM

12 CFR Part 249

[Docket No. R-1514; Regulation WW]
RIN 7100 AE-32


Liquidity Coverage Ratio: Treatment of U.S. Municipal Securities 
as High-Quality Liquid Assets

AGENCY: Board of Governors of the Federal Reserve System.

ACTION: Notice of proposed rulemaking with request for public comment.

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SUMMARY: The Board of Governors of the Federal Reserve System (Board) 
invites public comment on a proposed rule (proposed rule) that would 
amend the Board's liquidity coverage ratio requirement (LCR) to include 
certain U.S. municipal securities as high-quality liquid assets (HQLA). 
This proposed rule includes as level 2B liquid assets under the LCR 
general obligation securities of a public sector entity that meet the 
same criteria as corporate debt securities that are included as level 
2B liquid assets, subject to limits that are intended to address the 
unique structure of the U.S. municipal securities market. This proposed 
rule would apply to all Board-regulated institutions that are subject 
to the LCR, which include: (1) Bank holding companies, certain savings 
and loan holding companies, and state member banks that, in each case, 
have $250 billion or more in total consolidated assets or $10 billion 
or more in on-balance sheet foreign exposure; (2) state member banks 
with $10 billion or more in total consolidated assets that are 
consolidated subsidiaries of bank holding companies described in (1); 
and (3) nonbank financial companies designated by the Financial 
Stability Oversight Council for Board supervision to which the Board 
has applied the LCR by rule or order. This proposed rule would also 
permit bank holding companies and certain savings and loan holding 
companies, in each case with $50 billion or more in total consolidated 
assets that are subject to the Board's modified liquidity coverage 
ratio to rely on the proposed expanded definition of HQLA.

DATES: Comments on this notice of proposed rulemaking must be received 
by July 24, 2015.

ADDRESSES: When submitting comments, please consider submitting your 
comments by email or fax because paper mail in the Washington, DC area 
and at the Board may be subject to delay. You may submit comments, 
identified by Docket No. R-1514, by any of the following methods:
     Agency Web site: http://www.federalreserve.gov. Follow the 
instructions for submitting comments at http://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include docket 
number in the subject line of the message.
     Fax: (202) 452-3819 or (202) 452-3102.
     Mail: Robert de V. Frierson, Secretary, Board of Governors 
of the Federal Reserve System, 20th Street and Constitution Avenue NW., 
Washington, DC 20551.
    All public comments are available from the Board's Web site at 
http://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm as 
submitted, unless modified for technical reasons. Accordingly, comments 
will not be edited to remove any identifying or contact information. 
Public comments may also be viewed electronically or in paper form in 
Room 3515, 1801 K Street NW. (between 18th and 19th Street NW.), 
Washington, DC 20006 between 9 a.m. and 5 p.m. on weekdays.

FOR FURTHER INFORMATION CONTACT: Constance Horsley, Assistant Director, 
(202) 452-5239, Adam S. Trost, Senior Supervisory Financial Analyst, 
(202) 452-3814, or J. Kevin Littler, Senior Supervisory Financial 
Analyst, (202) 475-6677, Risk Policy, Division of Banking Supervision 
and Regulation; Dafina Stewart, Counsel, (202) 452-3876, or Adam J. 
Cohen, Senior Attorney, (202) 912-4658, Legal Division, Board of 
Governors of the Federal Reserve System, 20th and C Streets, 
Washington, DC 20551. For the hearing impaired only, Telecommunication 
Device for the Deaf (TDD), (202) 263-4869.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. Proposed Criteria for Inclusion of U.S. Municipal Securities as 
Eligible HQLA
    A. Criteria for Inclusion as Level 2B Liquid Assets
    1. U.S. General Obligation Municipal Securities
    2. Investment Grade U.S. General Obligation Municipal Securities
    3. Proven Record as a Reliable Source of Liquidity
    4. Not an Obligation of a Financial Sector Entity or Its 
Consolidated Subsidiaries
    B. Limitations on a Company's Inclusion of U.S. General 
Obligation Municipal Securities as Eligible HQLA
    1. Limitation on the Inclusion of U.S. General Obligation 
Municipal Securities With the Same CUSIP Number as Eligible HQLA
    2. Limitation on the Inclusion of the U.S. General Obligation 
Municipal Securities of a Single Issuer as Eligible HQLA
    3. Limitation on the Amount of U.S. General Obligation Municipal 
Securities That Can Be Included in the HQLA Amount
III. Plain Language
IV. Regulatory Flexibility Act
V. Paperwork Reduction Act

I. Background

    On September 3, 2014, the Board of Governors of the Federal Reserve 
System, the Office of the Comptroller of the Currency, and the Federal 
Deposit Insurance Corporation (collectively, the agencies) adopted a 
final rule that implemented a quantitative liquidity requirement \1\ 
(LCR) consistent with the liquidity coverage ratio standard established 
by the Basel Committee on Banking Supervision (Basel III Liquidity 
Framework).\2\ The LCR is designed to promote the short-term resilience 
of the liquidity risk profile of large and internationally active 
banking organizations, and to further improve the measurement and 
management of liquidity risk, thereby improving the banking sector's 
ability to absorb shocks arising during periods of significant stress. 
The LCR requires a company subject to the rule to maintain an

[[Page 30384]]

amount of high-quality liquid assets (HQLA) (the numerator of the 
ratio) \3\ that is no less than 100 percent of its total net cash 
outflows over a prospective 30 calendar-day period of significant 
stress (the denominator of the ratio). Community banking organizations 
are not subject to the LCR.\4\
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    \1\ 79 FR 61440 (October 10, 2014).
    \2\ Basel Committee on Banking Supervision, ``Basel III: The 
Liquidity Coverage Ratio and liquidity risk monitoring tools'' 
(January 2013), available at http://www.bis.org/publ/bcbs238.htm.
    \3\ A company's HQLA amount is calculated according to section 
249.21 of the LCR.
    \4\ The LCR applies to large and internationally active banking 
organizations, generally: (1) Bank holding companies, certain 
savings and loan holding companies, and depository institutions 
that, in each case, have $250 billion or more in total assets or $10 
billion or more in on-balance sheet foreign exposure; (2) depository 
institutions with $10 billion or more in total consolidated assets 
that are consolidated subsidiaries of bank holding companies and 
savings and loan holding companies described in (1); and (3) nonbank 
financial companies designated by the Financial Stability Oversight 
Council for Board supervision to which the Board has applied the LCR 
by rule or order. In addition, the Board adopted a modified minimum 
liquidity coverage ratio requirement for bank holding companies and 
certain savings and loan holding companies that, in each case, have 
$50 billion or more in total consolidated assets but that do not 
meet the threshold for large and internationally active firms 
(together with the entities described in (1), (2), (3) above, 
covered companies).
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    Under the LCR, only a limited number of asset classes that have 
historically been used as a source of liquidity in the United States 
during periods of significant stress and have a demonstrable record of 
liquidity are included as HQLA. In identifying the types of assets that 
qualify as HQLA under the Basel III Liquidity Framework the Basel 
Committee on Banking Supervision considered several factors, including 
the asset's risk profile and characteristics of the market for the 
asset (e.g., active sale or repurchase markets at all times, 
significant diversity in market participants, and high trading volume). 
The agencies considered similar factors in developing the LCR. In 
addition, the agencies developed certain other criteria, such as 
operational requirements, that assets must meet for inclusion as 
eligible HQLA.
    The LCR divides HQLA into three categories of assets: Level 1, 
level 2A, and level 2B liquid assets. Specifically, level 1 liquid 
assets are limited to balances held at a Federal Reserve Bank and 
foreign central bank withdrawable reserves, all securities issued or 
unconditionally guaranteed as to timely payment of principal and 
interest by the U.S. Government, and certain highly liquid, high credit 
quality sovereign, international organization and multilateral 
development bank debt securities. Level 1 liquid assets, which are the 
highest quality and most liquid assets, may be included in a covered 
company's HQLA amount without limit and without haircuts. Level 2A and 
2B liquid assets have characteristics that are associated with being 
relatively stable and significant sources of liquidity, but not to the 
same degree as level 1 liquid assets. Level 2A liquid assets include 
certain obligations issued or guaranteed by a U.S. government-sponsored 
enterprise (GSE) and certain obligations issued or guaranteed by a 
sovereign entity or a multilateral development bank that are not 
eligible to be treated as level 1 liquid assets. The LCR subjects level 
2A liquid assets to a 15 percent haircut and limits the aggregate of 
level 2A and level 2B liquid assets to no more than 40 percent of the 
total HQLA amount. Level 2B liquid assets, which are liquid assets that 
generally exhibit more volatility than level 2A liquid assets, are 
subject to a 50 percent haircut and may not exceed 15 percent of the 
total HQLA amount. Under the LCR, level 2B liquid assets include 
certain corporate debt securities and certain common equity shares of 
publicly traded companies. Level 2 liquid assets, including all level 
2B liquid assets, must be liquid and readily marketable as defined in 
the LCR to be included as HQLA.\5\ Other classes of assets, such as 
debt securities issued or guaranteed by a U.S. public sector entity 
(U.S. municipal securities), are not treated as HQLA. The LCR final 
rule defines a public sector entity to include any state, local 
authority, or other governmental subdivision below the U.S. sovereign 
entity level.\6\
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    \5\ The liquid and readily marketable standard is defined in 
section 249.3 of the LCR final rule and is discussed in section 
II.B.2 of the Supplementary Information section. 79 FR 61440, 61451 
(October 10, 2014).
    \6\ 12 CFR 249.3.
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    The agencies received a substantial number of comments in 
connection with the LCR rulemaking \7\ from U.S. and foreign firms, 
public officials (including state and local governments and members of 
the U.S. Congress), public interest groups, private individuals, and 
other interested parties requesting that U.S. municipal securities be 
treated as HQLA. Commenters asserted that U.S. municipal securities 
exhibit liquidity characteristics consistent with those considered by 
the agencies in identifying assets as HQLA and presented data to 
demonstrate the liquidity of U.S. municipal securities. In particular, 
some commenters indicated that certain U.S. municipal securities trade 
more often and in greater volumes than some corporate debt securities 
that qualify as HQLA under the LCR. In addition, commenters argued that 
the exclusion of U.S. municipal securities from HQLA could lead to 
higher funding costs for U.S. municipalities, which could affect local 
economies and infrastructure.
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    \7\ 78 FR 71818 (November 29, 2013).
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    In the SUPPLEMENTARY INFORMATION section to the LCR final rule, the 
agencies expressed concern that covered companies would be limited in 
their ability to rapidly monetize U.S. municipal securities during a 
period of significant stress. For example, the funding of many U.S. 
municipal securities in the repurchase market is limited, which lessens 
the opportunity for companies to convert the securities to cash quickly 
during a period of significant stress. Accordingly, the LCR final rule 
did not include U.S. municipal securities as HQLA.
    However, the Board indicated a willingness to continue to study the 
question of whether at least some U.S. municipal securities should be 
permitted under some circumstances to be included as HQLA. The Board 
now proposes to allow Board-regulated institutions to include as level 
2B liquid assets under the LCR U.S. general obligation municipal 
securities that exhibit characteristics that are comparable to other 
asset classes included as level 2B liquid assets. The proposal contains 
a variety of criteria and limitations designed to ensure that U.S. 
general obligation municipal securities included as HQLA are liquid and 
appropriately valued for purposes of the LCR.
    This proposed rule would apply to all Board-regulated institutions 
that are subject to the LCR, which include: (1) Bank holding companies, 
certain savings and loan holding companies, and state member banks 
that, in each case, have $250 billion or more in total consolidated 
assets or $10 billion or more in on-balance sheet foreign exposure; (2) 
state member banks with $10 billion or more in total consolidated 
assets that are consolidated subsidiaries of bank holding companies 
subject to the LCR described in (1); and (3) nonbank financial 
companies designated by the Financial Stability Oversight Council for 
Board supervision to which the Board has applied the LCR by rule or 
order. This proposed rule would also allow bank holding companies and 
certain savings and loan holding companies, in each case with $50 
billion or more in total consolidated assets, that are subject to the 
Board's modified minimum liquidity coverage ratio to take advantage of 
the proposed expanded definition of HQLA.

[[Page 30385]]

II. Proposed Criteria for Inclusion of U.S. Municipal Securities as 
Eligible HQLA

    As described in more detail below, this proposed rule would include 
limited amounts of U.S. general obligation municipal securities as 
level 2B liquid assets under the LCR if the securities meet certain 
criteria. The Board invites comment on all aspects of the proposal 
including whether these criteria and limitations are appropriate, 
reasonable, and achieve their intended purposes.
    The Board proposes to include U.S. general obligation municipal 
securities as level 2B liquid assets, rather than as level 2A liquid 
assets. Municipal securities are less liquid than assets that are 
included as level 2A liquid assets. For example, the daily trading 
volume of securities issued or guaranteed by U.S. GSEs far exceeds that 
of U.S. municipal securities.
    As a threshold matter, to qualify as HQLA under the proposal, U.S. 
general obligation municipal securities must be liquid and readily 
marketable and meet other criteria consistent with the criteria for 
corporate debt securities that are included as level 2B liquid assets. 
These criteria help to ensure comparable treatment between U.S. general 
obligation municipal securities and corporate debt securities included 
as HQLA.\8\ In addition, to help ensure sufficient liquidity of the 
U.S. general obligation municipal securities that are included in the 
total HQLA amount, this proposed rule would impose certain limits on 
the amount of U.S. general obligation municipal securities that a 
Board-regulated institution may include as eligible HQLA.\9\ This 
proposed rule would not limit the amount of U.S. municipal securities a 
Board-regulated institution could hold for other purposes.
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    \8\ See 12 CFR 249.20(c)(1).
    \9\ The LCR final rule defines eligible HQLA as those high-
quality liquid assets that meet the requirements set forth in 
section 249.22.
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A. Criteria for Inclusion as Level 2B Liquid Assets

1. U.S. General Obligation Municipal Securities
    Under this proposed rule, U.S. municipal securities would qualify 
as HQLA only if they are general obligations of the issuing entity. 
General obligations of U.S. public sector entities, which include bonds 
or similar obligations that are backed by the full faith and credit of 
the public sector entities, are assigned a 20 percent risk weight under 
the Board's risk-based capital rules.\10\ This provision, which is 
consistent with the Basel III Liquidity Framework, is designed to limit 
the liquidity and credit risk associated with U.S. municipal securities 
included in the HQLA amount.
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    \10\ See 12 CFR part 217.
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    Revenue obligations, which include bonds or similar obligations 
that are obligations of U.S. public sector entities, but which the 
public sector entities have committed to repay with revenues from a 
specific project rather than from general tax funds, are assigned a 50 
percent risk weight under the Board's risk-based capital rules.\11\ 
Revenue obligations are assigned a higher risk weight than general 
obligations because repayment of revenue obligations is dependent on 
revenue from an underlying project without an obligation from a public 
sector entity to repay these obligations from other revenue 
sources.\12\ The Board has proposed to exclude revenue obligations 
because, during a period of significant stress, revenue derived from a 
particular project, such as a stadium, may fall dramatically as 
domestic consumption declines and the associated revenue bond may 
experience significant price declines and become less liquid.
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    \11\ Id.
    \12\ 78 FR 62018, 62086 (October 11, 2013).
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2. Investment Grade U.S. General Obligation Municipal Securities
    Consistent with the requirements for corporate debt securities 
included as level 2B liquid assets, this proposed rule would require 
that U.S. general obligation municipal securities be ``investment 
grade'' under 12 CFR part 1 as of the calculation date.\13\ This 
criterion requires an issuer of a U.S. general obligation municipal 
security to have adequate capacity to meet its financial commitments 
under the security for the projected life of the security, which is met 
by showing a low risk of default and an expectation of the timely 
repayment of principal and interest.
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    \13\ 12 CFR 1.2(d). In accordance with section 939A of the Dodd-
Frank Wall Street Reform and Consumer Protection Act, this 
regulation does not rely on credit ratings as a standard of credit-
worthiness. Rather, the regulation relies on an assessment by the 
bank of the capacity of the issuer to meet its financial 
commitments.
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3. Proven Record as a Reliable Source of Liquidity
    Consistent with the requirements for corporate debt securities 
included as level 2B liquid assets under the LCR, this proposed rule 
would require that U.S. general obligation municipal securities 
included as level 2B liquid assets be issued by an entity whose 
obligations have a proven record as a reliable source of liquidity in 
repurchase or sales markets during a period of significant stress. A 
Board-regulated institution would be required to demonstrate this 
record of liquidity reliability and lower volatility during periods of 
significant stress by showing that the market price of the U.S. general 
obligation municipal securities or equivalent securities of the issuer 
declined by no more than 20 percent during a 30 calendar-day period of 
significant stress, or that the market haircut demanded by 
counterparties to secured lending and secured funding transactions that 
were collateralized by such debt securities or equivalent securities of 
the issuer increased by no more than 20 percentage points during a 30 
calendar-day period of significant stress. This percentage decline in 
value and percentage increase in haircut is the same as those 
applicable to corporate debt securities included as level 2B liquid 
assets under the LCR.\14\ This limitation is meant to exclude volatile 
U.S. municipal securities because their volatility indicates these 
assets may not hold their value during a period of significant stress, 
thereby over-estimating the amount of HQLA actually available to the 
banking entity.
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    \14\ Under the LCR, equity securities included as level 2B 
liquid assets have a similar criteria. However, the covered company 
would be required to demonstrate that the market price of the 
security or equivalent securities of the issuer declined by no more 
than 40 percent during a 30 calendar-day period of significant 
stress, or that the market haircut demanded by counterparties to 
securities borrowing and lending transactions that are 
collateralized by the publicly traded common equity shares or 
equivalent securities of the issuer increased by no more than 40 
percentage points, during a 30 calendar-day period of significant 
stress.
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    As discussed in the Supplementary Information section to the LCR 
final rule, a Board-regulated institution may demonstrate a historical 
record that meets this criterion through reference to historical market 
prices and available funding haircuts of the U.S. general obligation 
municipal security during periods of significant stress, such as the 
2007-2009 financial crisis.\15\ Board-regulated institutions should 
also look to other periods of systemic and idiosyncratic stress to see 
if the asset under consideration has proven to be a reliable source of 
liquidity. As noted above, HQLA include only those assets that have 
demonstrated an ability to maintain relatively stable prices such that 
they can be rapidly sold by a Board-regulated institution to meet its

[[Page 30386]]

obligations during a period of significant stress.
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    \15\ 79 FR 61440, 61459 (October 10, 2014).
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4. Not an Obligation of a Financial Sector Entity or Its Consolidated 
Subsidiaries
    Under this proposed rule, U.S. general obligation municipal 
securities would qualify as HQLA only if they are not obligations of a 
financial sector entity and not obligations of a consolidated 
subsidiary of a financial sector entity. For purposes of this 
provision, the Board considers a security that is issued or guaranteed 
by a financial sector entity to be an obligation of the financial 
sector entity. The LCR defines a financial sector entity to include a 
regulated financial company, investment company, non-regulated fund, 
pension fund, investment adviser, or a company that the Board has 
determined should be treated the same as the foregoing for the purposes 
of the LCR. Thus, if a bond insurer insures the general obligation 
municipal securities of a U.S. public sector entity (such insurance is 
commonly referred to as a ``wrap''), the securities would not be 
eligible for inclusion in HQLA. The Board has proposed to include this 
criterion in order to exclude U.S. general obligation municipal 
securities that are valued, in part, based on guarantees provided by 
financial sector entities, because these financial sector entity 
guarantees could exhibit similar risks and correlation with Board-
regulated institutions (wrong-way risk) during a liquidity stress 
period, thus overestimating the amount of HQLA that would be available 
to the banking entity during a liquidity stress period. This criterion 
is consistent with the Basel III Liquidity Framework and with the 
requirements imposed on corporate debt securities and publicly traded 
common equity shares that are included as level 2B liquid assets under 
the LCR.
    1. How should the Board supplement or amend the proposed criteria 
for including U.S. general obligation municipal securities as HQLA?
    2. Is it appropriate to exclude U.S. general obligation municipal 
securities that are guaranteed (or ``wrapped'') by bond insurers or 
other financial sector entities from HQLA because of wrong-way risk? 
Why or why not? How else could the Board address concerns regarding the 
wrong-way risk associated with such securities?

B. Limitations on a Company's Inclusion of U.S. General Obligation 
Municipal Securities as Eligible HQLA

    This proposed rule would limit the amount of U.S. general 
obligation municipal securities a Board-regulated institution could 
include as eligible HQLA based on the total amount outstanding of U.S. 
general obligation municipal securities with the same CUSIP number, on 
the average daily trading volume of general obligation municipal 
securities issued by a particular U.S. municipal issuer, and on a 
percentage of the institution's total HQLA amount. These limitations 
are intended to address the unique structure of the U.S. municipal 
securities market and designed to help ensure sufficient liquidity of 
the U.S. general obligation municipal securities included in the HQLA 
amount under the LCR.
1. Limitation on the Inclusion of U.S. General Obligation Municipal 
Securities With the Same CUSIP Number as Eligible HQLA
    Individual issuances of U.S. municipal securities (those with the 
same CUSIP number) by a single public sector entity are frequently far 
smaller and more numerous than issuances of debt securities by a single 
corporate issuer and exhibit a diverse array of maturity dates and 
interest rates. This is in part due to legal and other restrictions on 
the size of individual issuances by public sector entities and because 
U.S. municipal securities are frequently marketed to retail or smaller 
institutional investors. For example, a very large issuer of U.S. 
municipal securities (such as a state or large city) may have several 
hundred individual issuances outstanding. In contrast, a single 
corporate issuer may have a comparable dollar amount of securities 
outstanding but with only 20 to 30 individual issuances outstanding. 
Investors in U.S. municipal securities sometimes purchase a large 
percentage, including more than 50 percent of the outstanding amount, 
of the individual issuance.
    The Board is concerned that a Board-regulated institution would not 
be able to monetize a concentration in the holding of a particular 
issuance of U.S. general obligation municipal securities during a 
period of significant stress without a material impact on the 
securities' price. This proposed rule therefore would permit a Board-
regulated institution to count U.S. general obligation municipal 
securities as eligible HQLA only to the extent the fair value of the 
institutions' securities with the same CUSIP number do not exceed a 
maximum of 25 percent of the total amount of outstanding securities 
with the same CUSIP number. Under the proposal, this threshold for 
inclusion as eligible HQLA would be calculated prior to application of 
the 50 percent haircut applicable to level 2B liquid assets that is set 
forth in Sec.  249.21(a)(3) of the LCR final rule. This requirement is 
designed to ensure that a Board-regulated institution does not include 
in its HQLA amount a concentration of an individual issuance of U.S. 
general obligation municipal securities.
2. Limitation on the Inclusion of the U.S. General Obligation Municipal 
Securities of a Single Issuer as Eligible HQLA
    The Board is proposing a limit on the amount of securities issued 
by a single U.S. public sector entity that a Board-regulated 
institution may include as eligible HQLA, based on the trading volume 
that the secondary market for the entity's general obligation municipal 
securities could be expected to withstand before prices materially 
decline. For each U.S. public sector entity, this proposed rule would 
limit the aggregate fair value of the general obligation securities 
that a Board-regulated institution could include as eligible HQLA to 
two times the average daily trading volume, as measured over the 
previous four quarters, of all general obligation municipal securities 
issued by that public sector entity.
    The LCR was designed to include as eligible HQLA assets that remain 
relatively liquid and have multiple buyers and sellers during periods 
of significant stress, as a covered company may be expected to sell 
HQLA to meet its cash outflows during such periods. To remain 
consistent with the design of the LCR, the proposal seeks to include 
U.S. general obligation municipal securities as eligible HQLA to the 
extent that they would exhibit liquidity without dramatic loss in value 
during periods of significant stress. The U.S. municipal securities 
market includes a large diversity of issuers, size of issuances, and 
volumes of secondary market trading. The Board analyzed data on the 
historical trading volume of municipal securities in order to determine 
the general level of increased sales of municipal securities that could 
be absorbed by the market during periods of significant stress before 
prices would materially decline. The proposal would limit the aggregate 
fair value of the U.S. general obligation municipal securities of a 
public sector entity that may be included as eligible HQLA to two times 
the average daily trading volume of all U.S. general obligation 
municipal securities issued by that public sector entity because, based 
on the Board's analysis, a holding of two times the average daily 
trading volume could likely be absorbed by the market within a 30 
calendar-day period

[[Page 30387]]

of significant stress without materially disrupting the functioning of 
the market.
    Rather than proposing an average daily trading volume limitation on 
a per-security basis, the Board is proposing a limitation based on the 
average daily trading volume of all U.S. general obligation municipal 
securities issued by the public sector entity. Due to the smaller size 
of many U.S. municipal securities issuances, applying this limit on a 
per-security basis may unnecessarily restrict a covered company's 
ability to invest in a particular security that meets the Board-
regulated institution's investment criteria and liquidity needs. 
However, as discussed above, the Board has proposed a separate 
limitation on the amount of an individual issuance that may be included 
as eligible HQLA to address the concern that a high concentration of an 
individual U.S. general obligation municipal security could be included 
as eligible HQLA.
3. Limitation on the Amount of U.S. General Obligation Municipal 
Securities That Can Be Included in the HQLA Amount
    The Board is proposing to limit the amount of U.S. general 
obligation municipal securities that are included in a Board-regulated 
institution's HQLA amount to no more than five percent of its total 
HQLA amount. This limit is in addition to the 40 percent limit on the 
aggregate amount of level 2A and level 2B liquid assets and the 15 
percent limit on level 2B liquid assets that can be included in the 
HQLA amount. It also complements the other two limits on U.S. general 
obligation municipal securities described above, which relate solely to 
a particular issuance and individual issuers. Although the Board has 
concluded that certain U.S. general obligation municipal securities are 
sufficiently liquid to be included as eligible HQLA, the Board proposes 
to limit the aggregate amount of all U.S. general obligation municipal 
securities that may be included in the HQLA amount to ensure 
appropriate diversification of asset classes within a Board-regulated 
institution's HQLA amount. Consistent with the LCR's limits on level 2A 
and level 2B liquid assets, this proposed five percent limit applies 
both on an unadjusted basis and after adjusting the composition of the 
HQLA amount upon the unwind of certain secured funding transactions, 
secured lending transactions, asset exchanges and collateralized 
derivatives transactions.\16\
---------------------------------------------------------------------------

    \16\ See 12 CFR 249.21(g).
---------------------------------------------------------------------------

    The proposed five percent limit would be applied to the calculation 
of the HQLA amount by amending the definitions of the unadjusted excess 
HQLA amount and the adjusted excess HQLA amount.\17\ Under this 
proposed rule, the unadjusted excess HQLA amount would equal the sum of 
the level 2 cap excess amount, the level 2B cap excess amount and the 
public sector entity security cap excess amount. The method of 
calculating the public sector entity security cap excess amount is set 
forth in Sec.  249.21(f) of this proposed rule. Under this provision, 
the public sector entity security cap excess amount would be calculated 
as the greater of: (1) The public sector entity security liquid asset 
amount minus the level 2 cap excess amount minus level 2B cap excess 
amount minus 0.0526 (or 5/95, which is the ratio of the maximum 
allowable public sector entity security liquid assets to the level 1 
liquid assets and other level 2 liquid assets) times the sum of (i) the 
level 1 liquid asset amount, (ii) the level 2A liquid asset amount, and 
(iii) the level 2B liquid asset amount minus the public sector entity 
security liquid asset amount; or (2) zero.
---------------------------------------------------------------------------

    \17\ See 12 CFR 249.21(c) and (f).
---------------------------------------------------------------------------

    Under this proposed rule, the adjusted excess HQLA amount would 
equal the sum of the adjusted level 2 cap excess amount, the adjusted 
level 2B cap excess amount, and the adjusted public sector entity cap 
excess amount. The method of calculating the adjusted public sector 
entity security cap excess amount is set forth in Sec.  249.21(k) of 
this proposed rule. Under this provision, the adjusted public sector 
entity security cap excess amount would be calculated as the greater 
of: (1) The adjusted public sector entity security liquid asset amount 
minus the adjusted level 2 cap excess amount minus the adjusted level 
2B cap excess amount minus 0.0526 (or 5/95, which is the ratio of the 
maximum allowable adjusted public sector entity security liquid assets 
to the adjusted level 1 liquid assets and other adjusted level 2 liquid 
assets) times the sum of (i) the adjusted level 1 liquid asset amount, 
(ii) the adjusted level 2A liquid asset amount, and (iii) the adjusted 
level 2B liquid asset amount minus the adjusted public sector entity 
security liquid asset amount; or (2) zero.
    3. What additional or alternative limitations should the Board 
consider relating to the inclusion of individual and aggregate 
issuances of U.S. public sector entities as eligible HQLA and in a 
Board-regulated institution's HQLA amount? How else could the Board 
address concerns regarding concentrations and minimizing market price 
movements associated with sales of HQLA?

III. Plain Language

    Section 722 of the Gramm-Leach Bliley Act (Pub L. 106-102, 113 
Stat. 1338, 1471, 12 U.S.C. 4809) requires the Board to use plain 
language in all proposed and final rules published after January 1, 
2000. The Board invites your comments on how to make this proposal 
easier to understand. For example:
     Has the Board organized the material to suit your needs? 
If not, how could this material be better organized?
     Are the requirements in the proposed rule clearly stated?
     If not, how could the proposed rule be more clearly 
stated?
     Does the proposed rule contain language or jargon that is 
not clear? If so, which language requires clarification?
     Would a different format (grouping and order of sections, 
use of headings, paragraphing) make the proposed rule easier to 
understand? If so, what changes to the format would make the proposed 
rule easier to understand?
     What else could the Board do to make the regulation easier 
to understand?

IV. Regulatory Flexibility Act

    The Regulatory Flexibility Act \18\ (RFA), requires an agency to 
either provide an initial regulatory flexibility analysis with a 
proposed rule for which a general notice of proposed rulemaking is 
required or to certify that the proposed rule will not have a 
significant economic impact on a substantial number of small entities 
(defined for purposes of the RFA to include banks with assets less than 
or equal to $550 million). In accordance with section 3(a) of the RFA, 
the Board is publishing an initial regulatory flexibility analysis with 
respect to this proposed rule. Based on its analysis and for the 
reasons stated below, the Board believes that this proposed rule will 
not have a significant economic impact on a substantial number of small 
entities. Nevertheless, the Board is publishing an initial regulatory 
flexibility analysis. A final regulatory flexibility analysis will be 
conducted after commenters received during the public comment period 
have been considered.
---------------------------------------------------------------------------

    \18\ 5 U.S.C. 601 et seq.
---------------------------------------------------------------------------

    As discussed above, this proposed rule would amend the liquidity 
coverage ratio rule to include certain high-quality general obligation 
U.S. municipal securities as high-quality

[[Page 30388]]

liquid assets for the purposes of the LCR.
    Under regulations issued by the Small Business Administration, a 
``small entity'' includes a depository institution, bank holding 
company, or savings and loan holding company with total assets of $550 
million or less (a small banking organization). As of December 31, 
2014, there were approximately 664 small state member banks, 3,832 
small bank holding companies, and 275 small savings and loan holding 
companies.
    This proposed rule does not apply to ``small entities'' and would 
apply only to Board-regulated institutions subject to the LCR, which 
include: (1) Bank holding companies, certain savings and loan holding 
companies, and state member banks that, in each case, have $250 billion 
or more in total consolidated assets or $10 billion or more in on-
balance sheet foreign exposure; (2) state member banks with $10 billion 
or more in total consolidated assets that are consolidated subsidiaries 
of bank holding companies subject to the LCR; and (3) nonbank financial 
companies designated by the Financial Stability Oversight Council for 
Board supervision to which the Board has applied the LCR by rule or 
order. This proposed rule also would apply to bank holding companies 
and certain savings and loan holding companies with $50 billion or more 
in total consolidated assets, which are subject to the modified minimum 
liquidity coverage ratio. Companies that are subject to this proposed 
rule therefore substantially exceed the $550 million asset threshold at 
which a banking entity is considered a ``small entity'' under SBA 
regulations.
    As noted above, because this proposed rule is not likely to apply 
to any company with assets of $550 million or less, if adopted in final 
form, it is not expected to apply to any small entity for purposes of 
the RFA. The Board is aware of no other Federal rules that duplicate, 
overlap, or conflict with this proposed rule. In light of the 
foregoing, the Board does not believe that this proposed rule, if 
adopted in final form, would have a significant economic impact on a 
substantial number of small entities supervised and therefore believes 
that there are no significant alternatives to this proposed rule that 
would reduce the economic impact on small banking organizations 
supervised by the Board.
    The Board welcomes comment on all aspects of its analysis. A final 
regulatory flexibility analysis will be conducted after consideration 
of comments received during the public comment period.

V. Paperwork Reduction Act

    In accordance with the requirements of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501-3521) (PRA), the Board may not conduct or 
sponsor, and a respondent is not required to respond to, an information 
collection unless it displays a currently valid Office of Management 
and Budget (OMB) control number. The Board reviewed this proposed rule 
and determined that it would not introduce any new collection of 
information pursuant to the PRA.

List of Subjects in 12 CFR Part 249

    Administrative practice and procedure; Banks, banking; Federal 
Reserve System; Holding companies; Liquidity; Reporting and 
recordkeeping requirements.

Authority and Issuance

    For the reasons stated in the Supplementary Information section, 
the Board proposes to amend part 249 of chapter II of title 12 of the 
Code of Federal Regulations as follows:

PART 249--LIQUIDITY RISK MEASUREMENT STANDARDS (REGULATION WW)

0
1. The authority citation for part 249 continues to read as follows:

    Authority: 12 U.S.C. 248(a), 321-338a, 481-486, 1467a(g)(1), 
1818, 1828, 1831p-1, 1831o-1, 1844(b), 5365, 5366, 5368.

0
2. Amend Sec.  249.20, by redesignating paragraph (c)(2) as paragraph 
(c)(3) and adding new paragraph (c)(2) to read as follows:


Sec.  249.20  High-quality liquid asset criteria.

* * * * *
    (c) * * *
    (2) A general obligation security issued by, or guaranteed as to 
the timely payment of principal and interest by, a public sector entity 
where the security is:
    (i) Investment grade under 12 CFR part 1 as of the calculation 
date;
    (ii) Issued or guaranteed by a public sector entity whose 
obligations have a proven record as a reliable source of liquidity in 
repurchase or sales markets during stressed market conditions, as 
demonstrated by:
    (A) The market price of the security or equivalent securities of 
the issuer declining by no more than 20 percent during a 30 calendar-
day period of significant stress; or
    (B) The market haircut demanded by counterparties to secured 
lending and secured funding transactions that are collateralized by the 
security or equivalent securities of the issuer increasing by no more 
than 20 percentage points during a 30 calendar-day period of 
significant stress; and
    (iii) Not an obligation of a financial sector entity and not an 
obligation of a consolidated subsidiary of a financial sector entity.
* * * * *
0
3. Amend Sec.  249.21, by:
0
a. Adding paragraph (b)(4);
0
b. Removing the period at the end of paragraph (c)(2) and adding in its 
place a semicolon and the word ``plus'';
0
c. Adding paragraph (c)(3);
0
d. Redesignating paragraphs (f) through (i) and as paragraphs (g) 
through (j) respectively and adding new paragraph (f);
0
e. Adding paragraph (g)(4);
0
f. Removing the period at the end of paragraph (h)(2) and adding in its 
place a semicolon and the word ``plus'';
0
g. Adding paragraphs (h)(3); and (k);
    The additions read as follows:


Sec.  249.21  High-quality liquid asset amount.

* * * * *
    (b) * * *
    (4) Public sector entity security liquid asset amount. The public 
sector entity security liquid asset amount equals 50 percent of the 
fair value of all general obligation securities issued by, or 
guaranteed as to the timely payment of principal and interest by, a 
public sector entity that are eligible HQLA.
    (c) * * *
    (3) The public sector entity security cap excess amount.
* * * * *
    (f) Calculation of the public sector entity security cap excess 
amount. As of the calculation date, the public security entity security 
cap excess amount equals the greater of:
    (1) The public sector entity security liquid asset amount minus the 
level 2 cap excess amount minus level 2B cap excess amount minus 0.0526 
times the sum of:
    (i) The level 1 liquid asset amount;
    (ii) The level 2A liquid asset amount; and
    (iii) The level 2B liquid asset amount minus the public sector 
entity security liquid asset amount; or
    (2) 0.
    (g) * * *
    (4) Adjusted public sector entity security liquid asset amount. A 
[BANK]'s adjusted public sector entity security liquid asset amount 
equals 50 percent of the fair value of all general obligation 
securities issued by, or guaranteed as to the timely payment of 
principal and interest by, a public sector entity that would be 
eligible HQLA and would be held by the [BANK] upon the unwind of any 
secured funding

[[Page 30389]]

transaction (other than a collateralized deposit), secured lending 
transaction, asset exchange, or collateralized derivatives transaction 
that matures within 30 calendar days of the calculation date where the 
[BANK] will provide an asset that is eligible HQLA and the counterparty 
will provide an asset that will be eligible HQLA.
    (h) * * *
    (3) The adjusted public sector entity security cap excess amount.
* * * * *
    (k) Calculation of the adjusted public sector entity security cap 
excess amount. As of the calculation date, the adjusted public sector 
entity security cap excess amount equals the greater of:
    (1) The adjusted public sector entity security liquid asset amount 
minus the adjusted level 2 cap excess amount minus the adjusted level 
2B cap excess amount minus 0.0526 times the sum of:
    (i) The adjusted level 1 liquid asset amount;
    (ii) The adjusted level 2A liquid asset amount: and
    (iii) The adjusted level 2B liquid asset amount minus the adjusted 
public sector entity security liquid asset amount; or
    (2) 0.
0
4. Amend Sec.  249.22, by redesignating paragraph (c) as paragraph (d) 
and adding new paragraph (c) to read as follows:


Sec.  249.22  Requirements for eligible high-quality liquid assets.

* * * * *
    (c) Securities of public sector entities as eligible HQLA. A Board-
regulated institution may include as eligible HQLA a general obligation 
security issued by, or guaranteed as to the timely payment of principal 
and interest by, a public sector entity if each of the following is 
satisfied:
    (1) The fair value of a single issuance of securities that are 
included as eligible HQLA by the Board-regulated institution is no 
greater than 25 percent of the total amount of outstanding securities 
with the same CUSIP number at the calculation date; and
    (2) The fair value of the aggregate amount of securities of a 
single public sector entity issuer that are included as eligible HQLA 
by the Board-regulated institution is no greater than two times the 
average daily trading volume during the previous four quarters of all 
general obligation securities issued by that public sector entity.
* * * * *

    By order of the Board of Governors of the Federal Reserve 
System, May 18, 2015.
Robert deV. Frierson,
Secretary of the Board.
[FR Doc. 2015-12850 Filed 5-27-15; 8:45 am]
BILLING CODE P



                                                                                                                                                                                                             30383

                                                      Proposed Rules                                                                                                Federal Register
                                                                                                                                                                    Vol. 80, No. 102

                                                                                                                                                                    Thursday, May 28, 2015



                                                      This section of the FEDERAL REGISTER                    consolidated assets that are subject to               Telecommunication Device for the Deaf
                                                      contains notices to the public of the proposed          the Board’s modified liquidity coverage               (TDD), (202) 263–4869.
                                                      issuance of rules and regulations. The                  ratio to rely on the proposed expanded                SUPPLEMENTARY INFORMATION:
                                                      purpose of these notices is to give interested          definition of HQLA.
                                                      persons an opportunity to participate in the                                                                  Table of Contents
                                                      rule making prior to the adoption of the final          DATES: Comments on this notice of
                                                      rules.                                                  proposed rulemaking must be received                  I. Background
                                                                                                              by July 24, 2015.                                     II. Proposed Criteria for Inclusion of U.S.
                                                                                                              ADDRESSES: When submitting                                  Municipal Securities as Eligible HQLA
                                                      FEDERAL RESERVE SYSTEM                                  comments, please consider submitting                     A. Criteria for Inclusion as Level 2B Liquid
                                                                                                              your comments by email or fax because                       Assets
                                                      12 CFR Part 249                                         paper mail in the Washington, DC area                    1. U.S. General Obligation Municipal
                                                                                                                                                                          Securities
                                                      [Docket No. R–1514; Regulation WW]                      and at the Board may be subject to
                                                                                                                                                                       2. Investment Grade U.S. General
                                                                                                              delay. You may submit comments,                             Obligation Municipal Securities
                                                      RIN 7100 AE–32                                          identified by Docket No. R–1514, by any                  3. Proven Record as a Reliable Source of
                                                      Liquidity Coverage Ratio: Treatment of                  of the following methods:                                   Liquidity
                                                                                                                • Agency Web site: http://                             4. Not an Obligation of a Financial Sector
                                                      U.S. Municipal Securities as High-
                                                                                                              www.federalreserve.gov. Follow the                          Entity or Its Consolidated Subsidiaries
                                                      Quality Liquid Assets
                                                                                                              instructions for submitting comments at                  B. Limitations on a Company’s Inclusion of
                                                      AGENCY: Board of Governors of the                       http://www.federalreserve.gov/                              U.S. General Obligation Municipal
                                                      Federal Reserve System.                                 generalinfo/foia/ProposedRegs.cfm.                          Securities as Eligible HQLA
                                                      ACTION: Notice of proposed rulemaking                     • Federal eRulemaking Portal: http://                  1. Limitation on the Inclusion of U.S.
                                                                                                              www.regulations.gov. Follow the                             General Obligation Municipal Securities
                                                      with request for public comment.                                                                                    With the Same CUSIP Number as
                                                                                                              instructions for submitting comments.                       Eligible HQLA
                                                      SUMMARY:   The Board of Governors of the                  • Email: regs.comments@                                2. Limitation on the Inclusion of the U.S.
                                                      Federal Reserve System (Board) invites                  federalreserve.gov. Include docket                          General Obligation Municipal Securities
                                                      public comment on a proposed rule                       number in the subject line of the                           of a Single Issuer as Eligible HQLA
                                                      (proposed rule) that would amend the                    message.                                                 3. Limitation on the Amount of U.S.
                                                      Board’s liquidity coverage ratio                          • Fax: (202) 452–3819 or (202) 452–                       General Obligation Municipal Securities
                                                      requirement (LCR) to include certain                    3102.                                                       That Can Be Included in the HQLA
                                                      U.S. municipal securities as high-                        • Mail: Robert de V. Frierson,                            Amount
                                                      quality liquid assets (HQLA). This                      Secretary, Board of Governors of the                  III. Plain Language
                                                      proposed rule includes as level 2B                      Federal Reserve System, 20th Street and               IV. Regulatory Flexibility Act
                                                                                                              Constitution Avenue NW., Washington,                  V. Paperwork Reduction Act
                                                      liquid assets under the LCR general
                                                      obligation securities of a public sector                DC 20551.
                                                                                                                All public comments are available                   I. Background
                                                      entity that meet the same criteria as
                                                      corporate debt securities that are                      from the Board’s Web site at http://                     On September 3, 2014, the Board of
                                                      included as level 2B liquid assets,                     www.federalreserve.gov/generalinfo/                   Governors of the Federal Reserve
                                                      subject to limits that are intended to                  foia/ProposedRegs.cfm as submitted,                   System, the Office of the Comptroller of
                                                      address the unique structure of the U.S.                unless modified for technical reasons.                the Currency, and the Federal Deposit
                                                      municipal securities market. This                       Accordingly, comments will not be                     Insurance Corporation (collectively, the
                                                      proposed rule would apply to all Board-                 edited to remove any identifying or                   agencies) adopted a final rule that
                                                      regulated institutions that are subject to              contact information. Public comments                  implemented a quantitative liquidity
                                                      the LCR, which include: (1) Bank                        may also be viewed electronically or in               requirement 1 (LCR) consistent with the
                                                      holding companies, certain savings and                  paper form in Room 3515, 1801 K Street                liquidity coverage ratio standard
                                                      loan holding companies, and state                       NW. (between 18th and 19th Street                     established by the Basel Committee on
                                                      member banks that, in each case, have                   NW.), Washington, DC 20006 between 9                  Banking Supervision (Basel III Liquidity
                                                      $250 billion or more in total                           a.m. and 5 p.m. on weekdays.                          Framework).2 The LCR is designed to
                                                      consolidated assets or $10 billion or                   FOR FURTHER INFORMATION CONTACT:                      promote the short-term resilience of the
                                                      more in on-balance sheet foreign                        Constance Horsley, Assistant Director,                liquidity risk profile of large and
                                                      exposure; (2) state member banks with                   (202) 452–5239, Adam S. Trost, Senior                 internationally active banking
                                                      $10 billion or more in total consolidated               Supervisory Financial Analyst, (202)                  organizations, and to further improve
                                                      assets that are consolidated subsidiaries               452–3814, or J. Kevin Littler, Senior                 the measurement and management of
                                                      of bank holding companies described in                  Supervisory Financial Analyst, (202)                  liquidity risk, thereby improving the
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                                                      (1); and (3) nonbank financial                          475–6677, Risk Policy, Division of                    banking sector’s ability to absorb shocks
                                                      companies designated by the Financial                   Banking Supervision and Regulation;                   arising during periods of significant
                                                      Stability Oversight Council for Board                   Dafina Stewart, Counsel, (202) 452–                   stress. The LCR requires a company
                                                      supervision to which the Board has                      3876, or Adam J. Cohen, Senior                        subject to the rule to maintain an
                                                      applied the LCR by rule or order. This                  Attorney, (202) 912–4658, Legal
                                                                                                                                                                      1 79 FR 61440 (October 10, 2014).
                                                      proposed rule would also permit bank                    Division, Board of Governors of the                     2 Basel  Committee on Banking Supervision,
                                                      holding companies and certain savings                   Federal Reserve System, 20th and C                    ‘‘Basel III: The Liquidity Coverage Ratio and
                                                      and loan holding companies, in each                     Streets, Washington, DC 20551. For the                liquidity risk monitoring tools’’ (January 2013),
                                                      case with $50 billion or more in total                  hearing impaired only,                                available at http://www.bis.org/publ/bcbs238.htm.



                                                 VerDate Sep<11>2014   15:12 May 27, 2015   Jkt 235001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\28MYP1.SGM      28MYP1


                                                      30384                    Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Proposed Rules

                                                      amount of high-quality liquid assets                     company’s HQLA amount without limit                   addition, commenters argued that the
                                                      (HQLA) (the numerator of the ratio) 3                    and without haircuts. Level 2A and 2B                 exclusion of U.S. municipal securities
                                                      that is no less than 100 percent of its                  liquid assets have characteristics that               from HQLA could lead to higher
                                                      total net cash outflows over a                           are associated with being relatively                  funding costs for U.S. municipalities,
                                                      prospective 30 calendar-day period of                    stable and significant sources of                     which could affect local economies and
                                                      significant stress (the denominator of                   liquidity, but not to the same degree as              infrastructure.
                                                      the ratio). Community banking                            level 1 liquid assets. Level 2A liquid                   In the SUPPLEMENTARY INFORMATION
                                                      organizations are not subject to the                     assets include certain obligations issued
                                                                                                                                                                     section to the LCR final rule, the
                                                      LCR.4                                                    or guaranteed by a U.S. government-
                                                                                                                                                                     agencies expressed concern that covered
                                                         Under the LCR, only a limited number                  sponsored enterprise (GSE) and certain
                                                                                                                                                                     companies would be limited in their
                                                      of asset classes that have historically                  obligations issued or guaranteed by a
                                                                                                                                                                     ability to rapidly monetize U.S.
                                                      been used as a source of liquidity in the                sovereign entity or a multilateral
                                                                                                                                                                     municipal securities during a period of
                                                      United States during periods of                          development bank that are not eligible
                                                                                                               to be treated as level 1 liquid assets. The           significant stress. For example, the
                                                      significant stress and have a                                                                                  funding of many U.S. municipal
                                                      demonstrable record of liquidity are                     LCR subjects level 2A liquid assets to a
                                                                                                               15 percent haircut and limits the                     securities in the repurchase market is
                                                      included as HQLA. In identifying the
                                                                                                               aggregate of level 2A and level 2B liquid             limited, which lessens the opportunity
                                                      types of assets that qualify as HQLA
                                                                                                               assets to no more than 40 percent of the              for companies to convert the securities
                                                      under the Basel III Liquidity Framework
                                                                                                               total HQLA amount. Level 2B liquid                    to cash quickly during a period of
                                                      the Basel Committee on Banking
                                                                                                               assets, which are liquid assets that                  significant stress. Accordingly, the LCR
                                                      Supervision considered several factors,
                                                                                                               generally exhibit more volatility than                final rule did not include U.S.
                                                      including the asset’s risk profile and
                                                                                                               level 2A liquid assets, are subject to a              municipal securities as HQLA.
                                                      characteristics of the market for the
                                                      asset (e.g., active sale or repurchase                   50 percent haircut and may not exceed                    However, the Board indicated a
                                                      markets at all times, significant diversity              15 percent of the total HQLA amount.                  willingness to continue to study the
                                                      in market participants, and high trading                 Under the LCR, level 2B liquid assets                 question of whether at least some U.S.
                                                      volume). The agencies considered                         include certain corporate debt securities             municipal securities should be
                                                      similar factors in developing the LCR. In                and certain common equity shares of                   permitted under some circumstances to
                                                      addition, the agencies developed certain                 publicly traded companies. Level 2                    be included as HQLA. The Board now
                                                      other criteria, such as operational                      liquid assets, including all level 2B                 proposes to allow Board-regulated
                                                      requirements, that assets must meet for                  liquid assets, must be liquid and readily             institutions to include as level 2B liquid
                                                      inclusion as eligible HQLA.                              marketable as defined in the LCR to be                assets under the LCR U.S. general
                                                         The LCR divides HQLA into three                       included as HQLA.5 Other classes of                   obligation municipal securities that
                                                      categories of assets: Level 1, level 2A,                 assets, such as debt securities issued or             exhibit characteristics that are
                                                      and level 2B liquid assets. Specifically,                guaranteed by a U.S. public sector entity             comparable to other asset classes
                                                      level 1 liquid assets are limited to                     (U.S. municipal securities), are not                  included as level 2B liquid assets. The
                                                      balances held at a Federal Reserve Bank                  treated as HQLA. The LCR final rule                   proposal contains a variety of criteria
                                                      and foreign central bank withdrawable                    defines a public sector entity to include             and limitations designed to ensure that
                                                      reserves, all securities issued or                       any state, local authority, or other                  U.S. general obligation municipal
                                                      unconditionally guaranteed as to timely                  governmental subdivision below the                    securities included as HQLA are liquid
                                                      payment of principal and interest by the                 U.S. sovereign entity level.6                         and appropriately valued for purposes
                                                                                                                  The agencies received a substantial                of the LCR.
                                                      U.S. Government, and certain highly
                                                                                                               number of comments in connection
                                                      liquid, high credit quality sovereign,                                                                            This proposed rule would apply to all
                                                                                                               with the LCR rulemaking 7 from U.S.
                                                      international organization and                                                                                 Board-regulated institutions that are
                                                                                                               and foreign firms, public officials
                                                      multilateral development bank debt                                                                             subject to the LCR, which include: (1)
                                                                                                               (including state and local governments
                                                      securities. Level 1 liquid assets, which                                                                       Bank holding companies, certain
                                                                                                               and members of the U.S. Congress),
                                                      are the highest quality and most liquid                                                                        savings and loan holding companies,
                                                                                                               public interest groups, private
                                                      assets, may be included in a covered                                                                           and state member banks that, in each
                                                                                                               individuals, and other interested parties
                                                                                                               requesting that U.S. municipal                        case, have $250 billion or more in total
                                                         3 A company’s HQLA amount is calculated
                                                                                                               securities be treated as HQLA.                        consolidated assets or $10 billion or
                                                      according to section 249.21 of the LCR.
                                                         4 The LCR applies to large and internationally        Commenters asserted that U.S.                         more in on-balance sheet foreign
                                                      active banking organizations, generally: (1) Bank        municipal securities exhibit liquidity                exposure; (2) state member banks with
                                                      holding companies, certain savings and loan              characteristics consistent with those                 $10 billion or more in total consolidated
                                                      holding companies, and depository institutions                                                                 assets that are consolidated subsidiaries
                                                      that, in each case, have $250 billion or more in total
                                                                                                               considered by the agencies in
                                                      assets or $10 billion or more in on-balance sheet        identifying assets as HQLA and                        of bank holding companies subject to
                                                      foreign exposure; (2) depository institutions with       presented data to demonstrate the                     the LCR described in (1); and (3)
                                                      $10 billion or more in total consolidated assets that    liquidity of U.S. municipal securities. In            nonbank financial companies
                                                      are consolidated subsidiaries of bank holding                                                                  designated by the Financial Stability
                                                      companies and savings and loan holding companies
                                                                                                               particular, some commenters indicated
                                                      described in (1); and (3) nonbank financial              that certain U.S. municipal securities                Oversight Council for Board supervision
                                                      companies designated by the Financial Stability          trade more often and in greater volumes               to which the Board has applied the LCR
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                                                      Oversight Council for Board supervision to which         than some corporate debt securities that              by rule or order. This proposed rule
                                                      the Board has applied the LCR by rule or order. In       qualify as HQLA under the LCR. In                     would also allow bank holding
                                                      addition, the Board adopted a modified minimum
                                                      liquidity coverage ratio requirement for bank
                                                                                                                                                                     companies and certain savings and loan
                                                      holding companies and certain savings and loan              5 The liquid and readily marketable standard is    holding companies, in each case with
                                                      holding companies that, in each case, have $50           defined in section 249.3 of the LCR final rule and    $50 billion or more in total consolidated
                                                      billion or more in total consolidated assets but that    is discussed in section II.B.2 of the Supplementary
                                                                                                               Information section. 79 FR 61440, 61451 (October
                                                                                                                                                                     assets, that are subject to the Board’s
                                                      do not meet the threshold for large and
                                                      internationally active firms (together with the          10, 2014).                                            modified minimum liquidity coverage
                                                      entities described in (1), (2), (3) above, covered          6 12 CFR 249.3.                                    ratio to take advantage of the proposed
                                                      companies).                                                 7 78 FR 71818 (November 29, 2013).                 expanded definition of HQLA.


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                                                                              Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Proposed Rules                                                     30385

                                                      II. Proposed Criteria for Inclusion of                  capital rules.10 This provision, which is              assets be issued by an entity whose
                                                      U.S. Municipal Securities as Eligible                   consistent with the Basel III Liquidity                obligations have a proven record as a
                                                      HQLA                                                    Framework, is designed to limit the                    reliable source of liquidity in
                                                         As described in more detail below,                   liquidity and credit risk associated with              repurchase or sales markets during a
                                                      this proposed rule would include                        U.S. municipal securities included in                  period of significant stress. A Board-
                                                      limited amounts of U.S. general                         the HQLA amount.                                       regulated institution would be required
                                                      obligation municipal securities as level                   Revenue obligations, which include                  to demonstrate this record of liquidity
                                                      2B liquid assets under the LCR if the                   bonds or similar obligations that are                  reliability and lower volatility during
                                                      securities meet certain criteria. The                   obligations of U.S. public sector entities,            periods of significant stress by showing
                                                      Board invites comment on all aspects of                 but which the public sector entities                   that the market price of the U.S. general
                                                      the proposal including whether these                    have committed to repay with revenues                  obligation municipal securities or
                                                      criteria and limitations are appropriate,               from a specific project rather than from               equivalent securities of the issuer
                                                      reasonable, and achieve their intended                  general tax funds, are assigned a 50                   declined by no more than 20 percent
                                                      purposes.                                               percent risk weight under the Board’s                  during a 30 calendar-day period of
                                                         The Board proposes to include U.S.                   risk-based capital rules.11 Revenue                    significant stress, or that the market
                                                      general obligation municipal securities                 obligations are assigned a higher risk                 haircut demanded by counterparties to
                                                      as level 2B liquid assets, rather than as               weight than general obligations because                secured lending and secured funding
                                                      level 2A liquid assets. Municipal                       repayment of revenue obligations is                    transactions that were collateralized by
                                                      securities are less liquid than assets that             dependent on revenue from an                           such debt securities or equivalent
                                                      are included as level 2A liquid assets.                 underlying project without an obligation               securities of the issuer increased by no
                                                      For example, the daily trading volume                   from a public sector entity to repay                   more than 20 percentage points during
                                                      of securities issued or guaranteed by                   these obligations from other revenue                   a 30 calendar-day period of significant
                                                      U.S. GSEs far exceeds that of U.S.                      sources.12 The Board has proposed to                   stress. This percentage decline in value
                                                      municipal securities.                                   exclude revenue obligations because,                   and percentage increase in haircut is the
                                                         As a threshold matter, to qualify as                 during a period of significant stress,                 same as those applicable to corporate
                                                      HQLA under the proposal, U.S. general                   revenue derived from a particular                      debt securities included as level 2B
                                                      obligation municipal securities must be                 project, such as a stadium, may fall                   liquid assets under the LCR.14 This
                                                      liquid and readily marketable and meet                  dramatically as domestic consumption                   limitation is meant to exclude volatile
                                                      other criteria consistent with the criteria             declines and the associated revenue                    U.S. municipal securities because their
                                                      for corporate debt securities that are                  bond may experience significant price                  volatility indicates these assets may not
                                                      included as level 2B liquid assets. These               declines and become less liquid.                       hold their value during a period of
                                                      criteria help to ensure comparable                      2. Investment Grade U.S. General                       significant stress, thereby over-
                                                      treatment between U.S. general                          Obligation Municipal Securities                        estimating the amount of HQLA actually
                                                      obligation municipal securities and                                                                            available to the banking entity.
                                                                                                                 Consistent with the requirements for
                                                      corporate debt securities included as                                                                             As discussed in the Supplementary
                                                                                                              corporate debt securities included as
                                                      HQLA.8 In addition, to help ensure                                                                             Information section to the LCR final
                                                                                                              level 2B liquid assets, this proposed rule
                                                      sufficient liquidity of the U.S. general                                                                       rule, a Board-regulated institution may
                                                                                                              would require that U.S. general
                                                      obligation municipal securities that are                                                                       demonstrate a historical record that
                                                                                                              obligation municipal securities be
                                                      included in the total HQLA amount, this                                                                        meets this criterion through reference to
                                                                                                              ‘‘investment grade’’ under 12 CFR part
                                                      proposed rule would impose certain                                                                             historical market prices and available
                                                                                                              1 as of the calculation date.13 This
                                                      limits on the amount of U.S. general                                                                           funding haircuts of the U.S. general
                                                                                                              criterion requires an issuer of a U.S.
                                                      obligation municipal securities that a                                                                         obligation municipal security during
                                                                                                              general obligation municipal security to
                                                      Board-regulated institution may include                                                                        periods of significant stress, such as the
                                                                                                              have adequate capacity to meet its
                                                      as eligible HQLA.9 This proposed rule                                                                          2007–2009 financial crisis.15 Board-
                                                                                                              financial commitments under the
                                                      would not limit the amount of U.S.                                                                             regulated institutions should also look
                                                                                                              security for the projected life of the
                                                      municipal securities a Board-regulated                                                                         to other periods of systemic and
                                                                                                              security, which is met by showing a low
                                                      institution could hold for other                                                                               idiosyncratic stress to see if the asset
                                                                                                              risk of default and an expectation of the
                                                      purposes.                                                                                                      under consideration has proven to be a
                                                                                                              timely repayment of principal and
                                                      A. Criteria for Inclusion as Level 2B                   interest.                                              reliable source of liquidity. As noted
                                                      Liquid Assets                                                                                                  above, HQLA include only those assets
                                                                                                              3. Proven Record as a Reliable Source of               that have demonstrated an ability to
                                                      1. U.S. General Obligation Municipal                    Liquidity                                              maintain relatively stable prices such
                                                      Securities                                                Consistent with the requirements for                 that they can be rapidly sold by a Board-
                                                         Under this proposed rule, U.S.                       corporate debt securities included as                  regulated institution to meet its
                                                      municipal securities would qualify as                   level 2B liquid assets under the LCR,
                                                      HQLA only if they are general                           this proposed rule would require that                     14 Under the LCR, equity securities included as

                                                      obligations of the issuing entity. General              U.S. general obligation municipal                      level 2B liquid assets have a similar criteria.
                                                      obligations of U.S. public sector entities,             securities included as level 2B liquid                 However, the covered company would be required
                                                                                                                                                                     to demonstrate that the market price of the security
                                                      which include bonds or similar
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                                                                                                                                                                     or equivalent securities of the issuer declined by no
                                                      obligations that are backed by the full                   10 See   12 CFR part 217.                            more than 40 percent during a 30 calendar-day
                                                                                                                11 Id.
                                                      faith and credit of the public sector                                                                          period of significant stress, or that the market
                                                                                                                12 78 FR 62018, 62086 (October 11, 2013).            haircut demanded by counterparties to securities
                                                      entities, are assigned a 20 percent risk                  13 12 CFR 1.2(d). In accordance with section 939A    borrowing and lending transactions that are
                                                      weight under the Board’s risk-based                     of the Dodd-Frank Wall Street Reform and               collateralized by the publicly traded common
                                                                                                              Consumer Protection Act, this regulation does not      equity shares or equivalent securities of the issuer
                                                        8 See12 CFR 249.20(c)(1).                                                                                    increased by no more than 40 percentage points,
                                                                                                              rely on credit ratings as a standard of credit-
                                                        9 The LCR final rule defines eligible HQLA as         worthiness. Rather, the regulation relies on an        during a 30 calendar-day period of significant
                                                      those high-quality liquid assets that meet the          assessment by the bank of the capacity of the issuer   stress.
                                                      requirements set forth in section 249.22.               to meet its financial commitments.                        15 79 FR 61440, 61459 (October 10, 2014).




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                                                      30386                   Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Proposed Rules

                                                      obligations during a period of                          institution could include as eligible                 liquid assets that is set forth in
                                                      significant stress.                                     HQLA based on the total amount                        § 249.21(a)(3) of the LCR final rule. This
                                                                                                              outstanding of U.S. general obligation                requirement is designed to ensure that
                                                      4. Not an Obligation of a Financial
                                                                                                              municipal securities with the same                    a Board-regulated institution does not
                                                      Sector Entity or Its Consolidated
                                                                                                              CUSIP number, on the average daily                    include in its HQLA amount a
                                                      Subsidiaries
                                                                                                              trading volume of general obligation                  concentration of an individual issuance
                                                         Under this proposed rule, U.S. general               municipal securities issued by a                      of U.S. general obligation municipal
                                                      obligation municipal securities would                   particular U.S. municipal issuer, and on              securities.
                                                      qualify as HQLA only if they are not                    a percentage of the institution’s total
                                                      obligations of a financial sector entity                                                                      2. Limitation on the Inclusion of the
                                                                                                              HQLA amount. These limitations are
                                                      and not obligations of a consolidated                                                                         U.S. General Obligation Municipal
                                                                                                              intended to address the unique structure
                                                      subsidiary of a financial sector entity.                                                                      Securities of a Single Issuer as Eligible
                                                                                                              of the U.S. municipal securities market
                                                      For purposes of this provision, the                                                                           HQLA
                                                                                                              and designed to help ensure sufficient
                                                      Board considers a security that is issued               liquidity of the U.S. general obligation                 The Board is proposing a limit on the
                                                      or guaranteed by a financial sector                     municipal securities included in the                  amount of securities issued by a single
                                                      entity to be an obligation of the financial             HQLA amount under the LCR.                            U.S. public sector entity that a Board-
                                                      sector entity. The LCR defines a                                                                              regulated institution may include as
                                                      financial sector entity to include a                    1. Limitation on the Inclusion of U.S.                eligible HQLA, based on the trading
                                                      regulated financial company,                            General Obligation Municipal Securities               volume that the secondary market for
                                                      investment company, non-regulated                       With the Same CUSIP Number as                         the entity’s general obligation municipal
                                                      fund, pension fund, investment adviser,                 Eligible HQLA                                         securities could be expected to
                                                      or a company that the Board has                            Individual issuances of U.S.                       withstand before prices materially
                                                      determined should be treated the same                   municipal securities (those with the                  decline. For each U.S. public sector
                                                      as the foregoing for the purposes of the                same CUSIP number) by a single public                 entity, this proposed rule would limit
                                                      LCR. Thus, if a bond insurer insures the                sector entity are frequently far smaller              the aggregate fair value of the general
                                                      general obligation municipal securities                 and more numerous than issuances of                   obligation securities that a Board-
                                                      of a U.S. public sector entity (such                    debt securities by a single corporate                 regulated institution could include as
                                                      insurance is commonly referred to as a                  issuer and exhibit a diverse array of                 eligible HQLA to two times the average
                                                      ‘‘wrap’’), the securities would not be                  maturity dates and interest rates. This is            daily trading volume, as measured over
                                                      eligible for inclusion in HQLA. The                     in part due to legal and other                        the previous four quarters, of all general
                                                      Board has proposed to include this                      restrictions on the size of individual                obligation municipal securities issued
                                                      criterion in order to exclude U.S.                      issuances by public sector entities and               by that public sector entity.
                                                      general obligation municipal securities                 because U.S. municipal securities are                    The LCR was designed to include as
                                                      that are valued, in part, based on                      frequently marketed to retail or smaller              eligible HQLA assets that remain
                                                      guarantees provided by financial sector                 institutional investors. For example, a               relatively liquid and have multiple
                                                      entities, because these financial sector                very large issuer of U.S. municipal                   buyers and sellers during periods of
                                                      entity guarantees could exhibit similar                 securities (such as a state or large city)            significant stress, as a covered company
                                                      risks and correlation with Board-                       may have several hundred individual                   may be expected to sell HQLA to meet
                                                      regulated institutions (wrong-way risk)                 issuances outstanding. In contrast, a                 its cash outflows during such periods.
                                                      during a liquidity stress period, thus                  single corporate issuer may have a                    To remain consistent with the design of
                                                      overestimating the amount of HQLA                       comparable dollar amount of securities                the LCR, the proposal seeks to include
                                                      that would be available to the banking                  outstanding but with only 20 to 30                    U.S. general obligation municipal
                                                      entity during a liquidity stress period.                individual issuances outstanding.                     securities as eligible HQLA to the extent
                                                      This criterion is consistent with the                   Investors in U.S. municipal securities                that they would exhibit liquidity
                                                      Basel III Liquidity Framework and with                  sometimes purchase a large percentage,                without dramatic loss in value during
                                                      the requirements imposed on corporate                   including more than 50 percent of the                 periods of significant stress. The U.S.
                                                      debt securities and publicly traded                     outstanding amount, of the individual                 municipal securities market includes a
                                                      common equity shares that are included                  issuance.                                             large diversity of issuers, size of
                                                      as level 2B liquid assets under the LCR.                   The Board is concerned that a Board-               issuances, and volumes of secondary
                                                         1. How should the Board supplement                   regulated institution would not be able               market trading. The Board analyzed data
                                                      or amend the proposed criteria for                      to monetize a concentration in the                    on the historical trading volume of
                                                      including U.S. general obligation                       holding of a particular issuance of U.S.              municipal securities in order to
                                                      municipal securities as HQLA?                           general obligation municipal securities               determine the general level of increased
                                                         2. Is it appropriate to exclude U.S.                 during a period of significant stress                 sales of municipal securities that could
                                                      general obligation municipal securities                 without a material impact on the                      be absorbed by the market during
                                                      that are guaranteed (or ‘‘wrapped’’) by                 securities’ price. This proposed rule                 periods of significant stress before
                                                      bond insurers or other financial sector                 therefore would permit a Board-                       prices would materially decline. The
                                                      entities from HQLA because of wrong-                    regulated institution to count U.S.                   proposal would limit the aggregate fair
                                                      way risk? Why or why not? How else                      general obligation municipal securities               value of the U.S. general obligation
                                                      could the Board address concerns                        as eligible HQLA only to the extent the               municipal securities of a public sector
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                                                      regarding the wrong-way risk associated                 fair value of the institutions’ securities            entity that may be included as eligible
                                                      with such securities?                                   with the same CUSIP number do not                     HQLA to two times the average daily
                                                                                                              exceed a maximum of 25 percent of the                 trading volume of all U.S. general
                                                      B. Limitations on a Company’s Inclusion                 total amount of outstanding securities                obligation municipal securities issued
                                                      of U.S. General Obligation Municipal                    with the same CUSIP number. Under                     by that public sector entity because,
                                                      Securities as Eligible HQLA                             the proposal, this threshold for                      based on the Board’s analysis, a holding
                                                        This proposed rule would limit the                    inclusion as eligible HQLA would be                   of two times the average daily trading
                                                      amount of U.S. general obligation                       calculated prior to application of the 50             volume could likely be absorbed by the
                                                      municipal securities a Board-regulated                  percent haircut applicable to level 2B                market within a 30 calendar-day period


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                                                                                Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Proposed Rules                                            30387

                                                      of significant stress without materially                     The proposed five percent limit                     concentrations and minimizing market
                                                      disrupting the functioning of the                         would be applied to the calculation of                 price movements associated with sales
                                                      market.                                                   the HQLA amount by amending the                        of HQLA?
                                                         Rather than proposing an average                       definitions of the unadjusted excess
                                                      daily trading volume limitation on a                                                                             III. Plain Language
                                                                                                                HQLA amount and the adjusted excess
                                                      per-security basis, the Board is                          HQLA amount.17 Under this proposed                       Section 722 of the Gramm-Leach
                                                      proposing a limitation based on the                       rule, the unadjusted excess HQLA                       Bliley Act (Pub L. 106–102, 113 Stat.
                                                      average daily trading volume of all U.S.                  amount would equal the sum of the                      1338, 1471, 12 U.S.C. 4809) requires the
                                                      general obligation municipal securities                   level 2 cap excess amount, the level 2B                Board to use plain language in all
                                                      issued by the public sector entity. Due                   cap excess amount and the public sector                proposed and final rules published after
                                                      to the smaller size of many U.S.                          entity security cap excess amount. The                 January 1, 2000. The Board invites your
                                                      municipal securities issuances, applying                  method of calculating the public sector                comments on how to make this proposal
                                                      this limit on a per-security basis may                    entity security cap excess amount is set               easier to understand. For example:
                                                      unnecessarily restrict a covered                          forth in § 249.21(f) of this proposed rule.              • Has the Board organized the
                                                      company’s ability to invest in a                          Under this provision, the public sector                material to suit your needs? If not, how
                                                      particular security that meets the Board-                 entity security cap excess amount                      could this material be better organized?
                                                      regulated institution’s investment                        would be calculated as the greater of: (1)               • Are the requirements in the
                                                      criteria and liquidity needs. However, as                 The public sector entity security liquid               proposed rule clearly stated?
                                                      discussed above, the Board has                            asset amount minus the level 2 cap                       • If not, how could the proposed rule
                                                      proposed a separate limitation on the                     excess amount minus level 2B cap                       be more clearly stated?
                                                      amount of an individual issuance that                     excess amount minus 0.0526 (or 5/95,                     • Does the proposed rule contain
                                                      may be included as eligible HQLA to                       which is the ratio of the maximum                      language or jargon that is not clear? If
                                                      address the concern that a high                           allowable public sector entity security                so, which language requires
                                                      concentration of an individual U.S.                       liquid assets to the level 1 liquid assets             clarification?
                                                      general obligation municipal security                     and other level 2 liquid assets) times the               • Would a different format (grouping
                                                      could be included as eligible HQLA.                       sum of (i) the level 1 liquid asset                    and order of sections, use of headings,
                                                      3. Limitation on the Amount of U.S.                       amount, (ii) the level 2A liquid asset                 paragraphing) make the proposed rule
                                                      General Obligation Municipal Securities                   amount, and (iii) the level 2B liquid                  easier to understand? If so, what
                                                      That Can Be Included in the HQLA                          asset amount minus the public sector                   changes to the format would make the
                                                      Amount                                                    entity security liquid asset amount; or                proposed rule easier to understand?
                                                                                                                (2) zero.                                                • What else could the Board do to
                                                         The Board is proposing to limit the                       Under this proposed rule, the
                                                      amount of U.S. general obligation                                                                                make the regulation easier to
                                                                                                                adjusted excess HQLA amount would
                                                      municipal securities that are included                                                                           understand?
                                                                                                                equal the sum of the adjusted level 2
                                                      in a Board-regulated institution’s HQLA                   cap excess amount, the adjusted level                  IV. Regulatory Flexibility Act
                                                      amount to no more than five percent of                    2B cap excess amount, and the adjusted
                                                      its total HQLA amount. This limit is in                                                                             The Regulatory Flexibility Act 18
                                                                                                                public sector entity cap excess amount.
                                                      addition to the 40 percent limit on the                                                                          (RFA), requires an agency to either
                                                                                                                The method of calculating the adjusted
                                                      aggregate amount of level 2A and level                                                                           provide an initial regulatory flexibility
                                                                                                                public sector entity security cap excess
                                                      2B liquid assets and the 15 percent limit                                                                        analysis with a proposed rule for which
                                                                                                                amount is set forth in § 249.21(k) of this
                                                      on level 2B liquid assets that can be                                                                            a general notice of proposed rulemaking
                                                                                                                proposed rule. Under this provision, the
                                                      included in the HQLA amount. It also                                                                             is required or to certify that the
                                                                                                                adjusted public sector entity security
                                                      complements the other two limits on                       cap excess amount would be calculated                  proposed rule will not have a significant
                                                      U.S. general obligation municipal                         as the greater of: (1) The adjusted public             economic impact on a substantial
                                                      securities described above, which relate                  sector entity security liquid asset                    number of small entities (defined for
                                                      solely to a particular issuance and                       amount minus the adjusted level 2 cap                  purposes of the RFA to include banks
                                                      individual issuers. Although the Board                    excess amount minus the adjusted level                 with assets less than or equal to $550
                                                      has concluded that certain U.S. general                   2B cap excess amount minus 0.0526 (or                  million). In accordance with section 3(a)
                                                      obligation municipal securities are                       5/95, which is the ratio of the maximum                of the RFA, the Board is publishing an
                                                      sufficiently liquid to be included as                     allowable adjusted public sector entity                initial regulatory flexibility analysis
                                                      eligible HQLA, the Board proposes to                      security liquid assets to the adjusted                 with respect to this proposed rule.
                                                      limit the aggregate amount of all U.S.                    level 1 liquid assets and other adjusted               Based on its analysis and for the reasons
                                                      general obligation municipal securities                   level 2 liquid assets) times the sum of                stated below, the Board believes that
                                                      that may be included in the HQLA                          (i) the adjusted level 1 liquid asset                  this proposed rule will not have a
                                                      amount to ensure appropriate                              amount, (ii) the adjusted level 2A liquid              significant economic impact on a
                                                      diversification of asset classes within a                 asset amount, and (iii) the adjusted level             substantial number of small entities.
                                                      Board-regulated institution’s HQLA                        2B liquid asset amount minus the                       Nevertheless, the Board is publishing an
                                                      amount. Consistent with the LCR’s                         adjusted public sector entity security                 initial regulatory flexibility analysis. A
                                                      limits on level 2A and level 2B liquid                    liquid asset amount; or (2) zero.                      final regulatory flexibility analysis will
                                                      assets, this proposed five percent limit                     3. What additional or alternative                   be conducted after commenters received
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                                                      applies both on an unadjusted basis and                   limitations should the Board consider                  during the public comment period have
                                                      after adjusting the composition of the                    relating to the inclusion of individual                been considered.
                                                      HQLA amount upon the unwind of                            and aggregate issuances of U.S. public                    As discussed above, this proposed
                                                      certain secured funding transactions,                     sector entities as eligible HQLA and in                rule would amend the liquidity
                                                      secured lending transactions, asset                       a Board-regulated institution’s HQLA                   coverage ratio rule to include certain
                                                      exchanges and collateralized derivatives                  amount? How else could the Board                       high-quality general obligation U.S.
                                                      transactions.16                                           address concerns regarding                             municipal securities as high-quality

                                                        16 See   12 CFR 249.21(g).                               17 See   12 CFR 249.21(c) and (f).                      18 5   U.S.C. 601 et seq.



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                                                      30388                   Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Proposed Rules

                                                      liquid assets for the purposes of the                   V. Paperwork Reduction Act                            percentage points during a 30 calendar-
                                                      LCR.                                                      In accordance with the requirements                 day period of significant stress; and
                                                         Under regulations issued by the Small                of the Paperwork Reduction Act of 1995                   (iii) Not an obligation of a financial
                                                      Business Administration, a ‘‘small                      (44 U.S.C. 3501–3521) (PRA), the Board                sector entity and not an obligation of a
                                                      entity’’ includes a depository                          may not conduct or sponsor, and a                     consolidated subsidiary of a financial
                                                      institution, bank holding company, or                   respondent is not required to respond                 sector entity.
                                                      savings and loan holding company with                                                                         *       *    *     *     *
                                                                                                              to, an information collection unless it
                                                      total assets of $550 million or less (a                                                                       ■ 3. Amend § 249.21, by:
                                                                                                              displays a currently valid Office of
                                                      small banking organization). As of                                                                            ■ a. Adding paragraph (b)(4);
                                                                                                              Management and Budget (OMB) control
                                                      December 31, 2014, there were                                                                                 ■ b. Removing the period at the end of
                                                                                                              number. The Board reviewed this
                                                      approximately 664 small state member                                                                          paragraph (c)(2) and adding in its place
                                                                                                              proposed rule and determined that it
                                                      banks, 3,832 small bank holding                                                                               a semicolon and the word ‘‘plus’’;
                                                                                                              would not introduce any new collection
                                                      companies, and 275 small savings and                                                                          ■ c. Adding paragraph (c)(3);
                                                                                                              of information pursuant to the PRA.
                                                      loan holding companies.                                                                                       ■ d. Redesignating paragraphs (f)
                                                         This proposed rule does not apply to                 List of Subjects in 12 CFR Part 249                   through (i) and as paragraphs (g)
                                                      ‘‘small entities’’ and would apply only                   Administrative practice and                         through (j) respectively and adding new
                                                      to Board-regulated institutions subject
                                                                                                              procedure; Banks, banking; Federal                    paragraph (f);
                                                      to the LCR, which include: (1) Bank
                                                                                                              Reserve System; Holding companies;                    ■ e. Adding paragraph (g)(4);
                                                      holding companies, certain savings and
                                                                                                              Liquidity; Reporting and recordkeeping                ■ f. Removing the period at the end of
                                                      loan holding companies, and state
                                                                                                              requirements.                                         paragraph (h)(2) and adding in its place
                                                      member banks that, in each case, have
                                                      $250 billion or more in total                                                                                 a semicolon and the word ‘‘plus’’;
                                                                                                              Authority and Issuance
                                                                                                                                                                    ■ g. Adding paragraphs (h)(3); and (k);
                                                      consolidated assets or $10 billion or                     For the reasons stated in the
                                                      more in on-balance sheet foreign                                                                                 The additions read as follows:
                                                                                                              Supplementary Information section, the
                                                      exposure; (2) state member banks with                   Board proposes to amend part 249 of                   § 249.21   High-quality liquid asset amount.
                                                      $10 billion or more in total consolidated               chapter II of title 12 of the Code of                 *       *    *     *     *
                                                      assets that are consolidated subsidiaries               Federal Regulations as follows:                          (b) * * *
                                                      of bank holding companies subject to                                                                             (4) Public sector entity security liquid
                                                      the LCR; and (3) nonbank financial                      PART 249—LIQUIDITY RISK                               asset amount. The public sector entity
                                                      companies designated by the Financial                   MEASUREMENT STANDARDS                                 security liquid asset amount equals 50
                                                      Stability Oversight Council for Board                   (REGULATION WW)                                       percent of the fair value of all general
                                                      supervision to which the Board has                                                                            obligation securities issued by, or
                                                      applied the LCR by rule or order. This                  ■ 1. The authority citation for part 249
                                                                                                                                                                    guaranteed as to the timely payment of
                                                      proposed rule also would apply to bank                  continues to read as follows:
                                                                                                                                                                    principal and interest by, a public sector
                                                      holding companies and certain savings                     Authority: 12 U.S.C. 248(a), 321–338a,              entity that are eligible HQLA.
                                                      and loan holding companies with $50                     481–486, 1467a(g)(1), 1818, 1828, 1831p–1,               (c) * * *
                                                      billion or more in total consolidated                   1831o–1, 1844(b), 5365, 5366, 5368.                      (3) The public sector entity security
                                                      assets, which are subject to the modified               ■ 2. Amend § 249.20, by redesignating                 cap excess amount.
                                                      minimum liquidity coverage ratio.                       paragraph (c)(2) as paragraph (c)(3) and
                                                      Companies that are subject to this                                                                            *       *    *     *     *
                                                                                                              adding new paragraph (c)(2) to read as                   (f) Calculation of the public sector
                                                      proposed rule therefore substantially                   follows:
                                                      exceed the $550 million asset threshold                                                                       entity security cap excess amount. As of
                                                      at which a banking entity is considered                 § 249.20   High-quality liquid asset criteria.        the calculation date, the public security
                                                      a ‘‘small entity’’ under SBA regulations.               *       *    *     *    *                             entity security cap excess amount
                                                         As noted above, because this                            (c) * * *                                          equals the greater of:
                                                      proposed rule is not likely to apply to                    (2) A general obligation security                     (1) The public sector entity security
                                                      any company with assets of $550                         issued by, or guaranteed as to the timely             liquid asset amount minus the level 2
                                                      million or less, if adopted in final form,              payment of principal and interest by, a               cap excess amount minus level 2B cap
                                                      it is not expected to apply to any small                public sector entity where the security               excess amount minus 0.0526 times the
                                                      entity for purposes of the RFA. The                     is:                                                   sum of:
                                                      Board is aware of no other Federal rules                   (i) Investment grade under 12 CFR                     (i) The level 1 liquid asset amount;
                                                      that duplicate, overlap, or conflict with               part 1 as of the calculation date;                       (ii) The level 2A liquid asset amount;
                                                      this proposed rule. In light of the                        (ii) Issued or guaranteed by a public              and
                                                      foregoing, the Board does not believe                   sector entity whose obligations have a                   (iii) The level 2B liquid asset amount
                                                      that this proposed rule, if adopted in                  proven record as a reliable source of                 minus the public sector entity security
                                                      final form, would have a significant                    liquidity in repurchase or sales markets              liquid asset amount; or
                                                      economic impact on a substantial                        during stressed market conditions, as                    (2) 0.
                                                      number of small entities supervised and                 demonstrated by:                                         (g) * * *
                                                      therefore believes that there are no                       (A) The market price of the security                  (4) Adjusted public sector entity
                                                      significant alternatives to this proposed               or equivalent securities of the issuer                security liquid asset amount. A
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                                                      rule that would reduce the economic                     declining by no more than 20 percent                  [BANK]’s adjusted public sector entity
                                                      impact on small banking organizations                   during a 30 calendar-day period of                    security liquid asset amount equals 50
                                                      supervised by the Board.                                significant stress; or                                percent of the fair value of all general
                                                         The Board welcomes comment on all                       (B) The market haircut demanded by                 obligation securities issued by, or
                                                      aspects of its analysis. A final regulatory             counterparties to secured lending and                 guaranteed as to the timely payment of
                                                      flexibility analysis will be conducted                  secured funding transactions that are                 principal and interest by, a public sector
                                                      after consideration of comments                         collateralized by the security or                     entity that would be eligible HQLA and
                                                      received during the public comment                      equivalent securities of the issuer                   would be held by the [BANK] upon the
                                                      period.                                                 increasing by no more than 20                         unwind of any secured funding


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                                                                              Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Proposed Rules                                          30389

                                                      transaction (other than a collateralized                  By order of the Board of Governors of the           to http://regulations.gov, including any
                                                      deposit), secured lending transaction,                  Federal Reserve System, May 18, 2015.                 personal information the commenter
                                                      asset exchange, or collateralized                       Robert deV. Frierson,                                 provides. Using the search function of
                                                      derivatives transaction that matures                    Secretary of the Board.                               the docket Web site, anyone can find
                                                      within 30 calendar days of the                          [FR Doc. 2015–12850 Filed 5–27–15; 8:45 am]           and read the electronic form of all
                                                      calculation date where the [BANK] will                  BILLING CODE P                                        comments received into any FAA
                                                      provide an asset that is eligible HQLA                                                                        docket, including the name of the
                                                      and the counterparty will provide an                                                                          individual sending the comment (or
                                                      asset that will be eligible HQLA.                       DEPARTMENT OF TRANSPORTATION                          signing the comment for an association,
                                                         (h) * * *                                                                                                  business, labor union, etc.). DOT’s
                                                                                                              Federal Aviation Administration                       complete Privacy Act Statement can be
                                                         (3) The adjusted public sector entity
                                                                                                                                                                    found in the Federal Register published
                                                      security cap excess amount.                             14 CFR Part 33                                        on April 11, 2000 (65 FR 19477–19478),
                                                      *       *    *     *    *                                                                                     as well as at http://DocketsInfo.dot.gov.
                                                                                                              [Docket No. FAA–2015–1771; Notice No. 33–
                                                         (k) Calculation of the adjusted public               15–01–SC]                                               Docket: Background documents or
                                                      sector entity security cap excess                                                                             comments received may be read at
                                                      amount. As of the calculation date, the                 Special Conditions: Pratt and Whitney                 http://www.regulations.gov at any time.
                                                      adjusted public sector entity security                  Canada, PW210A; Flat 30-Second and                    Follow the online instructions for
                                                      cap excess amount equals the greater of:                2-Minute One Engine Inoperative                       accessing the docket or go to the Docket
                                                         (1) The adjusted public sector entity                Rating                                                Operations in Room W12–140 of the
                                                      security liquid asset amount minus the                                                                        West Building Ground Floor at 1200
                                                                                                              AGENCY: Federal Aviation                              New Jersey Avenue SE., Washington,
                                                      adjusted level 2 cap excess amount                      Administration (FAA), DOT.
                                                      minus the adjusted level 2B cap excess                                                                        DC, between 9 a.m., and 5 p.m., Monday
                                                                                                              ACTION: Notice of proposed special                    through Friday, except Federal holidays.
                                                      amount minus 0.0526 times the sum of:
                                                                                                              conditions.
                                                         (i) The adjusted level 1 liquid asset                                                                      FOR FURTHER INFORMATION CONTACT: For
                                                      amount;                                                 SUMMARY:   This action proposes special               technical questions concerning this
                                                                                                              conditions for the Pratt and Whitney                  proposed rule, contact Tara Fitzgerald,
                                                         (ii) The adjusted level 2A liquid asset                                                                    ANE–111, Engine and Propeller
                                                      amount: and                                             Canada PW210A engine model. This
                                                                                                              engine will have a novel or unusual                   Directorate, Aircraft Certification
                                                         (iii) The adjusted level 2B liquid asset             design feature—an additional one                      Service, 12 New England Executive
                                                      amount minus the adjusted public                        engine inoperative (OEI) rating that                  Park, Burlington, Massachusetts 01803–
                                                      sector entity security liquid asset                     combines the 30-second and 2-minute                   5213; telephone (781) 238–7130;
                                                      amount; or                                              OEI ratings into a single rating. The                 facsimile (781) 238–7199. For legal
                                                         (2) 0.                                               applicable airworthiness regulations do               questions concerning this proposed
                                                      ■ 4. Amend § 249.22, by redesignating                   not contain adequate or appropriate                   rule, contact Vincent Bennett, ANE–7,
                                                      paragraph (c) as paragraph (d) and                      safety standards for this design feature.             Engine and Propeller Directorate,
                                                      adding new paragraph (c) to read as                     These proposed special conditions                     Aircraft Certification Service, 12 New
                                                      follows:                                                contain the additional safety standards               England Executive Park, Burlington,
                                                                                                              that the Administrator considers                      Massachusetts 01803–5299; telephone
                                                      § 249.22 Requirements for eligible high-                necessary to establish a level of safety              (781) 238–7044; facsimile (781) 238–
                                                      quality liquid assets.                                  equivalent to that established by the                 7055; email vincent.bennett@faa.gov.
                                                      *      *     *     *    *                               existing airworthiness standards.                     SUPPLEMENTARY INFORMATION:
                                                         (c) Securities of public sector entities             DATES: Send your comments on or
                                                                                                                                                                    Comments Invited
                                                      as eligible HQLA. A Board-regulated                     before June 8, 2015.
                                                      institution may include as eligible                     ADDRESSES: Send comments identified                     We invite interested people to take
                                                      HQLA a general obligation security                      by docket number FAA–2015–1771                        part in this rulemaking by sending
                                                      issued by, or guaranteed as to the timely               using any of the following methods:                   written comments, data, or views. The
                                                      payment of principal and interest by, a                   • Federal eRegulations Portal: Go to                most helpful comments reference a
                                                      public sector entity if each of the                     http://www.regulations.gov and follow                 specific portion of the special
                                                      following is satisfied:                                 the online instructions for sending your              conditions, explain the reason for any
                                                         (1) The fair value of a single issuance              comments electronically.                              recommended change, and include
                                                      of securities that are included as eligible               • Mail: Send comments to Docket                     supporting data.
                                                      HQLA by the Board-regulated                             Operations, M–30, U.S. Department of                    We will consider all comments
                                                      institution is no greater than 25 percent               Transportation (DOT), 1200 New Jersey                 received in the docket on or before the
                                                      of the total amount of outstanding                      Avenue SE., Room W12–140, West                        closing date for comments. We will
                                                      securities with the same CUSIP number                   Building Ground Floor, Washington, DC                 consider comments filed late if it is
                                                      at the calculation date; and                            20590–0001.                                           possible to do so without incurring
                                                                                                                • Hand Delivery or Courier: Take                    expense or delay. We may change these
                                                         (2) The fair value of the aggregate                  comments to Docket Operations in                      special conditions based on the
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                                                      amount of securities of a single public                 Room W12–140 of the West Building                     comments we receive.
                                                      sector entity issuer that are included as               Ground Floor at 1200 New Jersey
                                                      eligible HQLA by the Board-regulated                                                                          Background
                                                                                                              Avenue SE., Washington, DC, between 8
                                                      institution is no greater than two times                a.m., and 5 p.m., Monday through                        On February 14, 2013, Pratt and
                                                      the average daily trading volume during                 Friday, except Federal holidays.                      Whitney Canada applied for an
                                                      the previous four quarters of all general                 • Fax: Fax comments to Docket                       amendment to Type Certificate No.
                                                      obligation securities issued by that                    Operations at 202–493–2251.                           E00083EN–E to include the new
                                                      public sector entity.                                     Privacy: The FAA will post all                      PW210A engine model. The PW210A,
                                                      *      *     *     *    *                               comments it receives, without change,                 which is a derivative of the PW210S


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Document Created: 2018-02-21 10:33:12
Document Modified: 2018-02-21 10:33:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking with request for public comment.
DatesComments on this notice of proposed rulemaking must be received by July 24, 2015.
ContactConstance Horsley, Assistant Director, (202) 452-5239, Adam S. Trost, Senior Supervisory Financial Analyst, (202) 452-3814, or J. Kevin Littler, Senior Supervisory Financial Analyst, (202) 475-6677, Risk Policy, Division of Banking Supervision and Regulation; Dafina Stewart, Counsel, (202) 452-3876, or Adam J. Cohen, Senior Attorney, (202) 912-4658, Legal Division, Board of Governors of the Federal Reserve System, 20th and C Streets, Washington, DC 20551. For the hearing impaired only, Telecommunication Device for the Deaf (TDD), (202) 263-4869.
FR Citation80 FR 30383 
RIN Number7100 AE32
CFR AssociatedAdministrative Practice and Procedure; Banks and Banking; Federal Reserve System; Holding Companies; Liquidity; Reporting and Recordkeeping Requirements

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