80_FR_43778 80 FR 43637 - Amendments to the Capital Plan and Stress Test Rules

80 FR 43637 - Amendments to the Capital Plan and Stress Test Rules

FEDERAL RESERVE SYSTEM

Federal Register Volume 80, Issue 141 (July 23, 2015)

Page Range43637-43642
FR Document2015-18038

The Board invites comment on a notice of proposed rulemaking to revise the capital plan and stress test rules for large bank holding companies and certain banking organizations with total consolidated assets of more than $10 billion. The proposed changes would apply beginning with the 2016 capital plan and stress test cycles. For all banking organizations, the proposal would remove the tier 1 common capital ratio requirement. For large bank holding companies, the proposal would modify the stress test capital action assumptions. For banking organizations subject to the advanced approaches, the proposal would delay the incorporation of the supplementary leverage ratio for one year and indefinitely defer the use of the advanced approaches risk-based capital framework in the capital plan and stress test rules. For bank holding companies with total consolidated assets of more than $10 billion but less than $50 billion and savings and loan holding companies with total consolidated assets of more than $10 billion, the proposal would eliminate the fixed assumptions regarding dividend payments for company-run stress tests and delay the application of stress testing for these savings and loan holding companies for one year. The proposal would also make certain technical amendments to the capital plan and stress test rules to incorporate changes related to other rulemakings.

Federal Register, Volume 80 Issue 141 (Thursday, July 23, 2015)
[Federal Register Volume 80, Number 141 (Thursday, July 23, 2015)]
[Proposed Rules]
[Pages 43637-43642]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18038]


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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. 141 / Thursday, July 23, 2015 / 
Proposed Rules

[[Page 43637]]



FEDERAL RESERVE SYSTEM

12 CFR Parts 225 and 252

[Regulations Y and YY; Docket No. R-1517]
RIN 7100 AE 33


Amendments to the Capital Plan and Stress Test Rules

AGENCY: Board of Governors of the Federal Reserve System (Board).

ACTION: Notice of proposed rulemaking with request for comment.

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SUMMARY: The Board invites comment on a notice of proposed rulemaking 
to revise the capital plan and stress test rules for large bank holding 
companies and certain banking organizations with total consolidated 
assets of more than $10 billion. The proposed changes would apply 
beginning with the 2016 capital plan and stress test cycles. For all 
banking organizations, the proposal would remove the tier 1 common 
capital ratio requirement. For large bank holding companies, the 
proposal would modify the stress test capital action assumptions. For 
banking organizations subject to the advanced approaches, the proposal 
would delay the incorporation of the supplementary leverage ratio for 
one year and indefinitely defer the use of the advanced approaches 
risk-based capital framework in the capital plan and stress test rules. 
For bank holding companies with total consolidated assets of more than 
$10 billion but less than $50 billion and savings and loan holding 
companies with total consolidated assets of more than $10 billion, the 
proposal would eliminate the fixed assumptions regarding dividend 
payments for company-run stress tests and delay the application of 
stress testing for these savings and loan holding companies for one 
year. The proposal would also make certain technical amendments to the 
capital plan and stress test rules to incorporate changes related to 
other rulemakings.

DATES: Comments must be received on or before September 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-1517, 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 9:00 a.m. and 5:00 p.m. on weekdays.

FOR FURTHER INFORMATION CONTACT: Lisa Ryu, Associate Director, (202) 
263-4833, Constance Horsley, Assistant Director, (202) 452-5239, Mona 
Touma Elliot, Manager, (202) 912-4688, Page Conkling, Senior 
Supervisory Financial Analyst, (202) 912-4647, Joseph Cox, Senior 
Financial Analyst, (202) 452-3216, or Hillel Kipnis, Financial Analyst, 
(202) 452-2924, Division of Banking Supervision and Regulation; Laurie 
Schaffer, Associate General Counsel, (202) 452-2272, Christine Graham, 
Counsel, (202) 452-3005, or Julie Anthony, Senior Attorney, (202) 475-
6682, Legal Division, Board of Governors of the Federal Reserve System, 
20th Street and Constitution Avenue NW., Washington, DC 20551. Users of 
Telecommunication Device for Deaf (TDD) only, call (202) 263-4869.

SUPPLEMENTARY INFORMATION:

I. Background

    The Board's capital planning and stress testing regime is an annual 
assessment of a banking organization's capital planning and capital 
adequacy on a post-stress basis and a cornerstone of the Board's 
supervisory program for bank holding companies with total consolidated 
assets of $50 billion or more (large bank holding companies).\1\ The 
Board's capital planning and stress testing regime consists of two 
related programs: The Comprehensive Capital Analysis and Review (CCAR), 
which is conducted pursuant to the Board's capital plan rule (12 CFR 
225.8), and Dodd-Frank Act stress testing, which is conducted pursuant 
to the Board's stress test rules (subparts B, E, and F of Regulation 
YY). In CCAR, the Board assesses the internal capital planning 
processes of large bank holding companies and their ability to maintain 
sufficient capital to continue their operations under expected and 
stressful conditions. Large bank holding companies must submit annual 
capital plans to the Board, which the Board may object to on either 
quantitative or qualitative grounds. If the Board objects to a large 
bank holding company's capital plan, the large bank holding company may 
not make any capital distributions unless the Board indicates in 
writing that it does not object to such distributions.
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    \1\ 12 CFR 225.8. The changes in this proposed rulemaking would 
also apply to nonbank financial companies supervised by the Board 
that become subject to the capital planning and stress test 
requirements as well as to U.S. intermediate holding companies of 
foreign banking organizations in accordance with the transition 
provisions of the final rule incorporating enhanced prudential 
standards for U.S. bank holding companies and foreign banking 
organizations with total consolidated assets of $50 billion or more. 
(79 FR 17240 (March 27, 2014)). For simplicity, this preamble 
discussion of proposed amendments generally refers only to large 
bank holding companies.
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    Dodd-Frank Act stress testing is a forward-looking quantitative 
evaluation of the impact of stressful economic and financial market 
conditions on the capital adequacy of banking organizations.\2\ As part 
of Dodd-Frank Act stress testing, the Board conducts supervisory stress 
tests of large bank holding companies, and these bank holding companies 
also must conduct annual and mid-cycle company-run stress tests. In 
addition, bank holding

[[Page 43638]]

companies with total consolidated assets of more than $10 billion but 
less than $50 billion, savings and loan holding companies with total 
consolidated assets of more than $10 billion, and state member banks 
with total consolidated assets of more than $10 billion must conduct 
annual company-run stress tests.\3\
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    \2\ See 12 U.S.C. 5365(i)(1) and 12 CFR part 252.
    \3\ 77 FR 62378 (October 12, 2012) (codified at 12 CFR part 252, 
subparts E and F). The stress test requirements apply to savings and 
loan holding companies that are subject to the minimum regulatory 
capital requirements in 12 CFR part 217. The Board has not applied 
capital requirements to savings and loan holding companies that are 
substantially engaged in commercial activities or insurance 
underwriting activities to date. The Board is currently working on 
developing an appropriate capital regime for those institutions.
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    This proposal invites comment on targeted adjustments to the 
Board's capital plan and stress test framework that would apply for the 
2016 capital plan and stress test cycles. The Board notes that is 
considering a broad range of issues relating to the capital plan and 
stress test rules, including how the rules interact with other elements 
of the regulatory capital rules and whether any modification may be 
appropriate. However, the Board does not anticipate proposing another 
rulemaking that would affect the 2016 capital plan and stress test 
cycle beyond what is contained in this proposal. The Board would 
propose any changes resulting from the considerations described above 
through a separate rulemaking. Any such changes would take effect no 
earlier than the 2017 capital plan and stress test cycle.
    For all banking organizations, the proposal would remove the tier 1 
common capital ratio requirement in the capital plan and stress test 
rules. For large bank holding companies, the proposal would modify the 
stress test capital action assumptions under the stress test rules. For 
banking organizations subject to the advanced approaches, the proposal 
would delay the incorporation of the supplementary leverage ratio for 
one year and indefinitely defer the use of advanced approaches in the 
capital plan and stress test rules.\4\ For the company-run stress test 
rules, the proposal would eliminate the fixed dividend payment 
assumptions for bank holding companies with total consolidated assets 
of more than $10 billion but less than $50 billion and savings and loan 
holding companies with total consolidated assets of more than $10 
billion, and would delay the application of the company-run stress test 
requirements to these savings and loan holding companies for one stress 
test cycle. The proposal would also make certain technical amendments 
to the capital plan and stress test rules to incorporate changes 
related to other rulemakings.
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    \4\ The supplementary leverage ratio requirement applies only to 
banking organizations subject to the advanced approaches. A banking 
organization is subject to the advanced approaches if it has 
consolidated assets of at least $250 billion or if it has total 
consolidated on-balance sheet foreign exposures of at least $10 
billion. The proposed amendments to the company-run stress test 
rules apply to large bank holding companies, bank holding companies 
with total consolidated assets of more than $10 billion but less 
than $50 billion, savings and loan holding companies with total 
consolidated assets of more than $10 billion, and state member banks 
with total consolidated assets of more than $10 billion; however, 
the capital plan and supervisory stress test rules only apply to 
large bank holding companies at this time.
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II. Proposed Revisions to the Capital Plan and Stress Test Rules for 
All Banking Organizations

    The proposal would remove the requirement that a banking 
organization demonstrate its ability to maintain a pro forma tier 1 
common capital ratio of five percent of risk-weighted assets under 
expected and stressed scenarios. When the Board adopted the tier 1 
common requirement as part of the capital plan and stress test rules, 
the Board noted that it expected the tier 1 common ratio to remain in 
force until the Board adopted a minimum common equity capital 
requirement. In 2013, the Board revised its regulatory capital rules to 
strengthen the quantity and quality of regulatory capital held by 
banking organizations. These revisions included a new minimum common 
equity tier 1 capital requirement of 4.5 percent of risk-weighted 
assets, which was fully phased-in on January 1, 2015.\5\
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    \5\ Banking organizations subject to the advanced approaches 
became subject to a minimum common equity tier 1 requirement of 4.0 
percent on January 1, 2014.
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    The 2016 capital plan and stress test cycle is the first cycle in 
which banking organizations will be subject to the 4.5 percent common 
equity tier 1 capital ratio for each quarter of the planning horizon. 
The common equity tier 1 capital ratio generally is expected to be more 
binding than the tier 1 common ratio under the severely adverse 
scenario because of the regulatory capital rule's stringent capital 
deductions, most of which will be fully phased-in by the end of the 
next planning horizon. Removing the tier 1 common ratio requirement 
will further reduce the burden of maintaining legacy systems and 
processes necessary for calculating the tier 1 common ratio.

III. Proposed Revisions to the Capital Plan and Stress Test Rules for 
Large Bank Holding Companies

    The proposal would modify capital action assumptions in the stress 
test rules to allow large banking holding companies to reflect 
dividends associated with expensed employee compensation and issuances 
to fund acquisitions. The stress test rules require large bank holding 
companies to assume that they do not issue capital or redeem capital 
instruments in the second through ninth quarters of the planning 
horizon. The October 2014 revisions to the capital plan and stress test 
rules (October 2014 revisions) provided an exception to this assumption 
for issuances related to expensed employee compensation.\6\ The 
proposal would make a related technical change to require a firm to 
assume that it pays dividends equal to the quarterly average dollar 
amount of common stock dividends that the company paid in the previous 
year on any issuance of stock related to expensed employee 
compensation.
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    \6\ 79 FR 64026 (October 27, 2014).
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    In addition, the proposal would permit a large bank holding company 
to assume that it issues capital associated with funding a planned 
acquisition. This proposed revision would align the capital action 
assumptions with the assumptions relating to business plan changes, 
which require a large bank holding company to project the effects of 
any planned mergers or acquisitions. Under the proposal, to the extent 
that a large bank holding company is required to include an acquisition 
in its balance sheet projections, the bank holding company could 
include any stock issuance associated with funding the acquisition in 
its stress test.

IV. Proposed Revisions to the Capital Plan and Stress Test Rules for 
Banking Organizations Subject to the Advanced Approaches

A. Delay of Inclusion of the Supplementary Leverage Ratio

    The supplementary leverage ratio requirement applies only to 
banking organizations that use the advanced approaches to calculate 
their minimum regulatory capital requirements. For these banking 
organizations, the proposal would delay the incorporation of the 
supplementary leverage ratio in the capital plan and stress test rules 
for one year. Under the proposal, these banking organizations would not 
be required to include an estimate of the supplementary leverage ratio 
for the capital plan and stress test cycles

[[Page 43639]]

beginning on January 1, 2016. This proposed change is appropriate in 
light of the October 2014 revisions, which changed the commencement 
date of the capital plan and stress test cycles. Prior to the timing 
change in the October 2014 revisions, these banking organizations would 
have been required to incorporate the supplementary leverage ratio into 
the stress test cycle beginning on October 1, 2016 (i.e., in the sixth 
quarter of the 2017 stress testing and capital planning cycle). As a 
result of the timing change, however, these banking organizations would 
be required to incorporate the supplementary leverage ratio into the 
upcoming stress test cycle beginning January 1, 2016 (i.e., in the 
ninth quarter of the 2016 stress testing and capital planning cycle).
    To provide adequate time to develop the required systems necessary 
to project the supplementary leverage ratio, the proposal would not 
require these banking organizations to demonstrate compliance with the 
supplementary leverage ratio for purposes of the 2016 capital plan and 
stress test cycles.

B. Deferral of the Introduction of the Advanced Approaches

    Under the current capital plan and stress test rules, banking 
organizations that use the advanced approaches to calculate their 
minimum regulatory capital requirements must project their risk-
weighted assets using both the standardized and the advanced 
approaches. Several banking organizations have noted that the use of 
advanced approaches in the capital plan and stress test rules would 
require significant resources and would introduce complexity and 
opacity. In light of the concerns raised by these banking 
organizations, and pending a broader review of how the capital plan and 
stress test rules interact with the regulatory capital rules as 
described above, the proposal would delay until further notice the use 
of the advanced approaches for calculating risk-based capital 
requirements for purposes of the capital plan and stress test rules.

V. Proposed Revisions to Stress Test Rules for Certain Bank Holding 
Companies and Savings and Loan Holding Companies With Total 
Consolidated Assets of $10 Billion or More

    For bank holding companies with total consolidated assets of more 
than $10 billion but less than $50 billion and savings and loan holding 
companies with total consolidated assets of more than $10 billion, the 
proposal would eliminate the fixed dividend assumptions for company-run 
stress tests and would delay the application of the company-run stress 
testing requirements to these savings and loan holding companies for 
one stress test cycle.

A. Elimination of Fixed Dividend Assumptions

    The proposal would eliminate the requirement that bank holding 
companies with total consolidated assets of more than $10 billion but 
less than $50 billion and savings and loan holding companies with total 
consolidated assets of more than $10 billion incorporate fixed 
assumptions regarding dividends in their stress tests. These bank 
holding companies and savings and loan holding companies would instead 
be required to incorporate their own dividend payment assumptions 
consistent with internal capital needs and projections.
    Currently, the stress test rules require these bank holding 
companies and savings and loan holding companies to make the same 
capital action assumptions in their stress tests that apply to large 
bank holding companies. These capital action assumptions require these 
bank holding companies and savings and loan holding companies to assume 
they maintain their common stock dividend at a steady rate over the 
planning horizon, continue payments on other regulatory capital 
instruments at their stated dividend rate, and assume no repurchases or 
issuance of shares for each of the second through ninth quarters of the 
planning horizon. The proposal would maintain the assumptions of no 
repurchases, redemptions, or issuance of regulatory capital instruments 
in the stress tests.
    This proposed change is responsive to concerns raised by banking 
organizations that dividends made at the holding company level are 
often funded directly through a subsidiary bank's distributions to its 
holding company, but that subsidiary banks may be subject to dividend 
restrictions that would not permit the bank to upstream capital to its 
holding company. The proposed change would also better align the stress 
test rules with the rules applicable to state member banks and the 
rules of the other banking agencies.

B. Company Run Stress Test Transition Provisions for Certain Savings 
and Loan Holding Companies

    The proposal would delay for one stress test cycle the application 
of the company-run stress test rules to saving and loan holding 
companies with total consolidated assets of more than $10 billion, such 
that these savings and loan holding companies would become subject to 
the stress test rules for the first time beginning on January 1, 2017.
    Savings and loan holding companies with total consolidated assets 
of more than $10 billion must conduct annual company-run stress 
tests.\7\ The original stress test rules provided a two-year transition 
period for these savings and loan holding companies to comply with the 
stress test requirements once they became subject to regulatory capital 
requirements on January 1, 2015. However, the October 2014 revisions to 
the stress test rules resulted in a shortening of this initial 
transition period to one year. The proposal would reinstate the 
previous transition period, such that these savings and loan holding 
companies would become subject to the company-run stress tests on 
January 1, 2017. Accordingly, savings and loan holding companies with 
total consolidated assets of more than $50 billion would report results 
by April 5, 2017, and those with total consolidated assets of less than 
$50 billion would report results by July 31, 2017.
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    \7\ Currently, savings and loan holding companies are not 
subject to the Board's capital plan rule or supervisory stress 
tests, regardless of size.
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VI. Proposed Technical Amendments to the Capital Plan and Stress Test 
Rules

    The proposal would also make certain technical amendments to the 
capital plan and stress test rules to incorporate changes related to 
other rulemakings. On January 1, 2015, the risk-based capital rules 
under 12 CFR part 217 became effective, and the proposal would remove 
references to the risk-based capital rules in 12 CFR part 225 that are 
no longer operative as of that date.
    In addition, the Board is proposing to amend the definition of 
minimum regulatory capital ratio in 12 CFR 225.8(d)(8), and the 
definition of regulatory capital ratio in 12 CFR 252.12(n), 12 CFR 
252.42(m), and 12 CFR 252.52(n) to incorporate the deductions required 
under 12 CFR 248.12(d) (the Volcker Rule). The Volcker Rule requires a 
banking organization to deduct from tier 1 capital its aggregate 
investments in covered funds (as defined in 12 CFR. 248.10(b)). These 
required deductions are not, however, reflected in the regulatory text 
of 12 CFR part 217. Accordingly, the proposal would revise the 
regulatory text of the above-referenced definitions to include the 
required deductions under the Volcker Rule in the definition of 
regulatory capital ratio and minimum regulatory

[[Page 43640]]

capital ratio. The amended language will ensure that the definitions 
referenced above will incorporate not only the deductions required 
under 12 CFR part 217 but also the deductions required under the 
Volcker Rule.

Administrative Law Matters

a. Paperwork Reduction Act
    In accordance with the requirements of the Paperwork Reduction Act 
(PRA) of 1995 (44 U.S.C. 3501-3521), 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 
under the authority delegated to the Board by the OMB and determined 
that it contains no collections of information. As the Board considers 
the public comments received and finalizes the rulemaking, the Board 
will reevaluate this PRA determination.
b. Regulatory Flexibility Act Analysis
    The Board is providing an initial regulatory flexibility analysis 
with respect to this proposed rule. The Regulatory Flexibility Act, 5 
U.S.C. 601 et seq. (RFA), generally requires that an agency prepare and 
make available an initial regulatory flexibility analysis in connection 
with a notice of proposed rulemaking.
    Under regulations issued by the Small Business Administration 
(``SBA''), 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).\8\ As of March 
31, 2015, there were approximately 631 small state member banks. As of 
December 31, 2014, there were approximately 3,833 small bank holding 
companies and 271 small savings and loan holding companies. The 
proposed rule would apply to bank holding companies, savings and loan 
holding companies, and state member banks with total consolidated asset 
of $10 billion or more and nonbank financial companies supervised by 
the Board. Companies that would be subject to the proposed rule 
therefore substantially exceed the $550 million total asset threshold 
at which a company is considered a small company under SBA regulations. 
Therefore, there are no significant alternatives to the proposed rule 
that would have less economic impact on small banking organizations. As 
discussed above, the projected reporting, recordkeeping, and other 
compliance requirements of the rule are expected to be small. The Board 
does not believe that the rule duplicates, overlaps, or conflicts with 
any other Federal rules. In light of the foregoing, the Board does not 
believe that the final rule would have a significant economic impact on 
a substantial number of small entities.
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    \8\ See 13 CFR 121.201. Effective July 14, 2014, the Small 
Business Administration revised the size standards for banking 
organizations to $550 million in assets from $500 million in assets. 
79 FR 33647 (June 12, 2014).
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    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.
c. Solicitation of Comments on Use of 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 federal banking agencies 
to use plain language in all proposed and final rules published after 
January 1, 2000. The Board has sought to present the proposed rule in a 
simple and straightforward manner, and invites comment on the use of 
plain language.
    For example:
     Have we organized the material to suit your needs? If not, 
how could the rule be more clearly stated?
     Are the requirements in the rule clearly stated? If not, 
how could the rule be more clearly stated?
     Do the regulations contain technical 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 regulation easier to 
understand? If so, what changes would make the regulation easier to 
understand?
     Would more, but shorter, sections be better? If so, which 
sections should be changed?
     What else could we do to make the regulation easier to 
understand?

List of Subjects

12 CFR Part 225

    Administrative practice and procedure, Banks, Banking, Capital 
planning, Holding companies, Reporting and recordkeeping requirements, 
Securities, Stress testing.

12 CFR Part 252

    Administrative practice and procedure, Banks, Banking, Capital 
planning, Federal Reserve System, Holding companies, Reporting and 
recordkeeping requirements, Securities, Stress testing.

Authority and Issuance

    For the reasons stated in the Supplementary Information, the Board 
of Governors of the Federal Reserve System proposes to amend 12 CFR 
chapter II as follows:

PART 225--BANK HOLDING COMPANIES AND CHANGE IN BANK CONTROL 
(REGULATION Y)

0
1. The authority citation for part 225 continues to read as follows:

    Authority: 12 U.S.C. 1817(j)(13), 1818, 1828(o), 1831i, 1831p-1, 
1843(c)(8), 1844(b), 1972(1), 3106, 3108, 3310, 3331-3351, 3906, 
3907, and 3909; 15 U.S.C. 1681s, 1681w, 6801 and 6805.

Subpart A--General Provisions

0
2. Section 225.8 is amended by:
0
a. Revising paragraphs (c)(3), (d)(8), and (d)(11);
0
b. Removing paragraphs (d)(12) and (d)(13);
0
c. Redesignating paragraph (d)(14) as paragraph (d)(12);
0
d. Removing and reserving paragraph (e)(2)(i)(B); and
0
e. Revising paragraphs (e)(2)(ii)(A), (f)(1)(i)(C), (f)(2)(ii)(C), and 
(g)(1)(i).
    The revisions to read as follows:


Sec.  225.8  Capital planning.

* * * * *
    (c) * * *
    (3) Transition periods for bank holding companies subject to the 
supplementary leverage ratio. Notwithstanding paragraph (d)(8) of this 
section, only for purposes of the capital plan cycle beginning on 
January 1, 2016, a bank holding company shall not include an estimate 
of its supplementary leverage ratio.
    (d) * * *
    (8) Minimum regulatory capital ratio means any minimum regulatory 
capital ratio that the Federal Reserve may require of a bank holding 
company, by regulation or order, including, the bank holding company's 
tier 1 and supplementary leverage ratios as calculated under 12 CFR 
217, including the deductions required under 12 CFR 248.12, as 
applicable, and the bank holding company's common equity tier 1, tier 
1, and total risk-based capital ratios as calculated under 12 CFR part 
217, including the deductions required under 12 CFR 248.12 and the 
transition provisions at 12 CFR 217.1(f)(4) and 12 CFR 217.300, or any 
successor regulation; except that, the bank holding company shall not 
use the advanced approaches to calculate its regulatory capital ratios.
* * * * *

[[Page 43641]]

    (11) Tier 1 capital has the same meaning as under 12 CFR part 217 
or any successor regulation.
* * * * *
    (e) * * *
    (2)(i) * * *
    (B) [Reserved]
* * * * *
    (ii) * * *
    (A) A discussion of how the bank holding company will, under 
expected and stressful conditions, maintain capital commensurate with 
its risks, maintain capital above the minimum regulatory capital 
ratios, and serve as a source of strength to its subsidiary depository 
institutions;
* * * * *
    (f) * * *
    (1)(i) * * *
    (C) The bank holding company's ability to maintain capital above 
each minimum regulatory capital ratio on a pro forma basis under 
expected and stressful conditions throughout the planning horizon, 
including but not limited to any scenarios required under paragraphs 
(e)(2)(i)(A) and (e)(2)(ii) of this section.
* * * * *
    (2)(ii) * * *
    (C) The bank holding company has not demonstrated an ability to 
maintain capital above each minimum regulatory capital ratio on a pro 
forma basis under expected and stressful conditions throughout the 
planning horizon; or
* * * * *
    (g) * * *
    (1) * * *
    (i) After giving effect to the capital distribution, the bank 
holding company would not meet a minimum regulatory capital ratio;
* * * * *

PART 252--ENHANCED PRUDENTIAL STANDARDS (Regulation YY).

0
3. The authority citation for part 252 continues to read as follows:

    Authority:  12 U.S.C. 321-338a, 1467a(g), 1818, 1831p-1, 
1844(b), 1844(c), 5361, 5365, 5366.
0
4. Section 252.12 is amended by revising paragraph (n) to read as 
follows:


Sec.  252.12  Definitions.

* * * * *
    (n) Regulatory capital ratio means a capital ratio for which the 
Board established minimum requirements for the company by regulation or 
order, including a company's tier 1 and supplementary leverage ratio as 
calculated under 12 CFR 217, including the deductions required under 12 
CFR 248.12, as applicable, and the company's common equity tier 1, tier 
1, and total risk-based capital ratios as calculated under 12 CFR part 
217, including the deductions required under 12 CFR 248.12 and the 
transition provisions at 12 CFR 217.1(f)(4) and 12 CFR 217.300, or any 
successor regulation; except that, the company shall not use the 
advanced approaches to calculate its regulatory capital ratios.
* * * * *
0
5. Section 252.13 is amended by revising paragraphs (b)(2) and (b)(3) 
to read as follows:


Sec.  252.13  Applicability.

* * * * *
    (b) * * *
    (2) Transition period for savings and loan holding companies. (i) A 
savings and loan holding company that is subject to minimum regulatory 
capital requirements and exceeds the asset threshold for the first time 
on or before March 31 of a given year, must comply with the 
requirements of this subpart beginning on January 1 of the following 
year, unless that time is extended by the Board in writing;
    (ii) A savings and loan holding company that is subject to minimum 
regulatory capital requirements and exceeds the asset threshold for the 
first time after March 31 of a given year must comply with the 
requirements of this subpart beginning on January 1 of the second year 
following that given year, unless that time is extended by the Board in 
writing; and
    (iii) Notwithstanding paragraph (b)(2)(i) of this section, a 
savings and loan holding company that is subject to minimum regulatory 
capital requirements and exceeded the asset threshold for the first 
time on or before March 31, 2015, must comply with the requirements of 
this subpart beginning on January 1, 2017, unless that time is extended 
by the Board in writing.
    (3) Transition periods for companies subject to the supplementary 
leverage ratio.
    Notwithstanding Sec.  252.12(n) of this subpart, for purposes of 
the stress test cycle beginning on January 1, 2016, a company shall not 
include an estimate of its supplementary leverage ratio.
* * * * *
0
6. Section 252.15 is amended by revising paragraph (b)(2) to read as 
follows:


Sec.  252.15  Methodologies and practices.

* * * * *
    (b) * * *
    (2) For each of the second through ninth quarters of the planning 
horizon, the bank holding company or savings and loan holding company 
must:
    (i) Assume no redemption or repurchase of any capital instrument 
that is eligible for inclusion in the numerator of a regulatory capital 
ratio;
    (ii) Assume no issuances of common stock or preferred stock, except 
for issuances related to expensed employee compensation or in 
connection with a planned merger or acquisition to the extent that the 
merger or acquisition is reflected in the company's pro forma balance 
sheet estimates; and
    (iii) Make reasonable assumptions regarding payments of dividends 
consistent with internal capital needs and projections.
* * * * *
0
7. Section 252.42 is amended by:
0
a. Revising paragraph (m); and
0
b. Removing paragraph (r).
    The revision to read as follows:


Sec.  252.42  Definitions.

* * * * *
    (m) Regulatory capital ratio means a capital ratio for which the 
Board established minimum requirements for the company by regulation or 
order, including the company's tier 1 and supplementary leverage ratios 
as calculated under 12 CFR part 217, including the deductions required 
under 12 CFR 248.12, as applicable, and the company's common equity 
tier 1, tier 1, and total risk-based capital ratios as calculated under 
12 CFR part 217, including the deductions required under 12 CFR 248.12 
and the transition provisions at 12 CFR 217.1(f)(4) and 12 CFR 217.300, 
or any successor regulation; except that, the company shall not use the 
advanced approaches to calculate its regulatory capital ratios.
* * * * *
0
8. Section 252.43 is amended by revising paragraph (c) to read as 
follows:


Sec.  252.43  Applicability.

* * * * *
    (c) Transition periods for covered companies subject to the 
supplementary leverage ratio. Notwithstanding Sec.  252.42(m) of this 
subpart, only for purposes of the stress test cycle beginning on 
January 1, 2016, the Board will not include an estimate a covered 
company's supplementary leverage ratio.
* * * * *
0
9. Section 252.44 is amended by revising paragraph (a)(2) to read as 
follows:


Sec.  252.44  Annual analysis conducted by the Board.

    (a) * * *

[[Page 43642]]

    (2) The analysis will include an assessment of the projected 
losses, net income, and pro forma capital levels and regulatory capital 
ratios and other capital ratios for the covered company and use such 
analytical techniques that the Board determines are appropriate to 
identify, measure, and monitor risks of the covered company that may 
affect the financial stability of the United States.
* * * * *
0
10. Section 252.45 is amended by revising paragraph (b)(2) to read as 
follows:


Sec.  252.45  Data and information required to be submitted in support 
of the Board's analyses.

* * * * *
    (b) * * *
    (2) Project a company's pre-provision net revenue, losses, 
provision for loan and lease losses, and net income; and, pro forma 
capital levels, regulatory capital ratios, and any other capital ratio 
specified by the Board under the scenarios described in Sec.  
252.44(b).
* * * * *
0
11. Section 252.52 is amended by:
0
a. Revising paragraph (n); and
0
b. removing paragraph (t).
    The revision to read as follows:


Sec.  252.52  Definitions.

* * * * *
    (n) Regulatory capital ratio means a capital ratio for which the 
Board established minimum requirements for the company by regulation or 
order, including the company's tier 1 and supplementary leverage ratios 
as calculated under 12 CFR part 217, including the deductions required 
under 12 CFR 248.12, as applicable, and the company's common equity 
tier 1, tier 1, and total risk-based capital ratios as calculated under 
12 CFR part 217, including the deductions required under 12 CFR 248.12 
and the transition provisions at 12 CFR 217.1(f)(4) and 12 CFR 217.300, 
or any successor regulation; except that, the company shall not use the 
advanced approaches to calculate its regulatory capital ratios.
* * * * *
0
12. Section 252.53 is amended by revising paragraph (b)(3) to read as 
follows:


Sec.  252.53  Applicability.

* * * * *
    (b) * * *
    (3) Transition periods for covered companies subject to the 
supplementary leverage ratio. Notwithstanding Sec.  252.52(n) of this 
subpart, only for purposes of the stress test cycle beginning on 
January 1, 2016, a bank holding company shall not include an estimate 
of its supplementary leverage ratio.
* * * * *
0
13. Section 252.56 is amended by revising paragraphs (a)(2), (b)(2)(i), 
and (b)(2)(iv) to read as follows:


Sec.  252.56  Methodologies and practices.

    (a) * * *
    (2) The potential impact on pro forma regulatory capital levels and 
pro forma capital ratios (including regulatory capital ratios and any 
other capital ratios specified by the Board), incorporating the effects 
of any capital actions over the planning horizon and maintenance of an 
allowance for loan losses appropriate for credit exposures throughout 
the planning horizon.
    (b) * * *
    (2) * * *
    (i) Common stock dividends equal to the quarterly average dollar 
amount of common stock dividends that the company paid in the previous 
year (that is, the first quarter of the planning horizon and the 
preceding three calendar quarters) plus common stock dividends 
attributable to issuances related to expensed employee compensation;
* * * * *
    (iv) An assumption of no issuances of common stock or preferred 
stock, except for issuances related to expensed employee compensation 
or in connection with a planned merger or acquisition to the extent 
that the merger or acquisition is reflected in the covered company's 
pro forma balance sheet estimates.
* * * * *
0
14. Section 252.58 is amended by revising paragraphs (b)(3)(v), (b)(4), 
and (c)(2) to read as follows:


Sec.  252.58  Disclosure of stress test results.

* * * * *
    (b) * * *
    (3) * * *
    (v) Pro forma regulatory capital ratios and any other capital 
ratios specified by the Board;
    (4) An explanation of the most significant causes for the changes 
in regulatory capital ratios; and
* * * * *
    (c) * * *
    (2) The disclosure of pro forma regulatory capital ratios and any 
other capital ratios specified by the Board that is required under 
paragraph (b) of this section must include the beginning value, ending 
value, and minimum value of each ratio over the planning horizon.
* * * * *

    By order of the Board of Governors of the Federal Reserve 
System, July 17, 2015.
Margaret McCloskey Shanks,
Deputy Secretary of the Board.
[FR Doc. 2015-18038 Filed 7-22-15; 8:45 am]
 BILLING CODE P



                                                                                                                                                                                                             43637

                                                    Proposed Rules                                                                                                 Federal Register
                                                                                                                                                                   Vol. 80, No. 141

                                                                                                                                                                   Thursday, July 23, 2015



                                                    This section of the FEDERAL REGISTER                     ADDRESSES:   When submitting                          I. Background
                                                    contains notices to the public of the proposed           comments, please consider submitting                     The Board’s capital planning and
                                                    issuance of rules and regulations. The                   your comments by email or fax because
                                                    purpose of these notices is to give interested                                                                 stress testing regime is an annual
                                                                                                             paper mail in the Washington, DC area                 assessment of a banking organization’s
                                                    persons an opportunity to participate in the             and at the Board may be subject to
                                                    rule making prior to the adoption of the final                                                                 capital planning and capital adequacy
                                                    rules.
                                                                                                             delay. You may submit comments,                       on a post-stress basis and a cornerstone
                                                                                                             identified by Docket No. R–1517, by any               of the Board’s supervisory program for
                                                                                                             of the following methods:                             bank holding companies with total
                                                    FEDERAL RESERVE SYSTEM                                     • Agency Web site: http://                          consolidated assets of $50 billion or
                                                                                                             www.federalreserve.gov. Follow the                    more (large bank holding companies).1
                                                    12 CFR Parts 225 and 252                                 instructions for submitting comments at               The Board’s capital planning and stress
                                                                                                             http://www.federalreserve.gov/                        testing regime consists of two related
                                                    [Regulations Y and YY; Docket No. R–1517]                generalinfo/foia/ProposedRegs.cfm.                    programs: The Comprehensive Capital
                                                                                                               • Federal eRulemaking Portal: http://               Analysis and Review (CCAR), which is
                                                    RIN 7100 AE 33
                                                                                                             www.regulations.gov. Follow the                       conducted pursuant to the Board’s
                                                    Amendments to the Capital Plan and                       instructions for submitting comments.                 capital plan rule (12 CFR 225.8), and
                                                    Stress Test Rules                                          • Email: regs.comments@                             Dodd-Frank Act stress testing, which is
                                                                                                             federalreserve.gov. Include docket                    conducted pursuant to the Board’s stress
                                                    AGENCY: Board of Governors of the                        number in the subject line of the                     test rules (subparts B, E, and F of
                                                    Federal Reserve System (Board).                          message.                                              Regulation YY). In CCAR, the Board
                                                    ACTION: Notice of proposed rulemaking                      • Fax: (202) 452–3819 or (202) 452–                 assesses the internal capital planning
                                                    with request for comment.                                3102.                                                 processes of large bank holding
                                                                                                               • Mail: Robert de V. Frierson,                      companies and their ability to maintain
                                                    SUMMARY:    The Board invites comment                    Secretary, Board of Governors of the                  sufficient capital to continue their
                                                    on a notice of proposed rulemaking to                    Federal Reserve System, 20th Street and               operations under expected and stressful
                                                    revise the capital plan and stress test                  Constitution Avenue NW., Washington,                  conditions. Large bank holding
                                                    rules for large bank holding companies                   DC 20551.                                             companies must submit annual capital
                                                    and certain banking organizations with                     All public comments are available                   plans to the Board, which the Board
                                                    total consolidated assets of more than                   from the Board’s Web site at http://                  may object to on either quantitative or
                                                    $10 billion. The proposed changes                        www.federalreserve.gov/generalinfo/                   qualitative grounds. If the Board objects
                                                    would apply beginning with the 2016                      foia/ProposedRegs.cfm as submitted,                   to a large bank holding company’s
                                                    capital plan and stress test cycles. For                 unless modified for technical reasons.                capital plan, the large bank holding
                                                    all banking organizations, the proposal                  Accordingly, comments will not be                     company may not make any capital
                                                    would remove the tier 1 common capital                   edited to remove any identifying or                   distributions unless the Board indicates
                                                    ratio requirement. For large bank                        contact information. Public comments                  in writing that it does not object to such
                                                    holding companies, the proposal would                    may also be viewed electronically or in               distributions.
                                                    modify the stress test capital action                    paper form in Room 3515, 1801 K Street                   Dodd-Frank Act stress testing is a
                                                    assumptions. For banking organizations                   NW. (between 18th and 19th Street                     forward-looking quantitative evaluation
                                                    subject to the advanced approaches, the                  NW.), Washington, DC 20006 between                    of the impact of stressful economic and
                                                    proposal would delay the incorporation                   9:00 a.m. and 5:00 p.m. on weekdays.                  financial market conditions on the
                                                    of the supplementary leverage ratio for                  FOR FURTHER INFORMATION CONTACT: Lisa                 capital adequacy of banking
                                                    one year and indefinitely defer the use                  Ryu, Associate Director, (202) 263–4833,              organizations.2 As part of Dodd-Frank
                                                    of the advanced approaches risk-based                    Constance Horsley, Assistant Director,                Act stress testing, the Board conducts
                                                    capital framework in the capital plan                    (202) 452–5239, Mona Touma Elliot,                    supervisory stress tests of large bank
                                                    and stress test rules. For bank holding                  Manager, (202) 912–4688, Page                         holding companies, and these bank
                                                    companies with total consolidated                        Conkling, Senior Supervisory Financial                holding companies also must conduct
                                                    assets of more than $10 billion but less                 Analyst, (202) 912–4647, Joseph Cox,                  annual and mid-cycle company-run
                                                    than $50 billion and savings and loan                    Senior Financial Analyst, (202) 452–                  stress tests. In addition, bank holding
                                                    holding companies with total                             3216, or Hillel Kipnis, Financial
                                                    consolidated assets of more than $10                     Analyst, (202) 452–2924, Division of                     1 12 CFR 225.8. The changes in this proposed

                                                    billion, the proposal would eliminate                    Banking Supervision and Regulation;                   rulemaking would also apply to nonbank financial
                                                    the fixed assumptions regarding                                                                                companies supervised by the Board that become
                                                                                                             Laurie Schaffer, Associate General                    subject to the capital planning and stress test
                                                    dividend payments for company-run                        Counsel, (202) 452–2272, Christine                    requirements as well as to U.S. intermediate
                                                    stress tests and delay the application of                Graham, Counsel, (202) 452–3005, or                   holding companies of foreign banking organizations
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                                                    stress testing for these savings and loan                Julie Anthony, Senior Attorney, (202)                 in accordance with the transition provisions of the
                                                    holding companies for one year. The                                                                            final rule incorporating enhanced prudential
                                                                                                             475–6682, Legal Division, Board of                    standards for U.S. bank holding companies and
                                                    proposal would also make certain                         Governors of the Federal Reserve                      foreign banking organizations with total
                                                    technical amendments to the capital                      System, 20th Street and Constitution                  consolidated assets of $50 billion or more. (79 FR
                                                    plan and stress test rules to incorporate                Avenue NW., Washington, DC 20551.                     17240 (March 27, 2014)). For simplicity, this
                                                    changes related to other rulemakings.                                                                          preamble discussion of proposed amendments
                                                                                                             Users of Telecommunication Device for                 generally refers only to large bank holding
                                                    DATES: Comments must be received on                      Deaf (TDD) only, call (202) 263–4869.                 companies.
                                                    or before September 24, 2015.                            SUPPLEMENTARY INFORMATION:                               2 See 12 U.S.C. 5365(i)(1) and 12 CFR part 252.




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                                                    43638                    Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Proposed Rules

                                                    companies with total consolidated                        stress test rules, the proposal would                   III. Proposed Revisions to the Capital
                                                    assets of more than $10 billion but less                 eliminate the fixed dividend payment                    Plan and Stress Test Rules for Large
                                                    than $50 billion, savings and loan                       assumptions for bank holding                            Bank Holding Companies
                                                    holding companies with total                             companies with total consolidated                          The proposal would modify capital
                                                    consolidated assets of more than $10                     assets of more than $10 billion but less                action assumptions in the stress test
                                                    billion, and state member banks with                     than $50 billion and savings and loan                   rules to allow large banking holding
                                                    total consolidated assets of more than                   holding companies with total                            companies to reflect dividends
                                                    $10 billion must conduct annual                          consolidated assets of more than $10                    associated with expensed employee
                                                    company-run stress tests.3                               billion, and would delay the application                compensation and issuances to fund
                                                       This proposal invites comment on                      of the company-run stress test                          acquisitions. The stress test rules
                                                    targeted adjustments to the Board’s                      requirements to these savings and loan                  require large bank holding companies to
                                                    capital plan and stress test framework                   holding companies for one stress test                   assume that they do not issue capital or
                                                    that would apply for the 2016 capital                    cycle. The proposal would also make                     redeem capital instruments in the
                                                    plan and stress test cycles. The Board                   certain technical amendments to the                     second through ninth quarters of the
                                                    notes that is considering a broad range                  capital plan and stress test rules to                   planning horizon. The October 2014
                                                    of issues relating to the capital plan and               incorporate changes related to other                    revisions to the capital plan and stress
                                                    stress test rules, including how the rules               rulemakings.                                            test rules (October 2014 revisions)
                                                    interact with other elements of the                                                                              provided an exception to this
                                                    regulatory capital rules and whether any                 II. Proposed Revisions to the Capital                   assumption for issuances related to
                                                    modification may be appropriate.                         Plan and Stress Test Rules for All                      expensed employee compensation.6 The
                                                    However, the Board does not anticipate                   Banking Organizations                                   proposal would make a related technical
                                                    proposing another rulemaking that                                                                                change to require a firm to assume that
                                                    would affect the 2016 capital plan and                      The proposal would remove the                        it pays dividends equal to the quarterly
                                                    stress test cycle beyond what is                         requirement that a banking organization                 average dollar amount of common stock
                                                    contained in this proposal. The Board                    demonstrate its ability to maintain a pro               dividends that the company paid in the
                                                    would propose any changes resulting                      forma tier 1 common capital ratio of five               previous year on any issuance of stock
                                                    from the considerations described above                  percent of risk-weighted assets under                   related to expensed employee
                                                    through a separate rulemaking. Any                       expected and stressed scenarios. When                   compensation.
                                                    such changes would take effect no                        the Board adopted the tier 1 common                        In addition, the proposal would
                                                    earlier than the 2017 capital plan and                   requirement as part of the capital plan                 permit a large bank holding company to
                                                    stress test cycle.                                       and stress test rules, the Board noted                  assume that it issues capital associated
                                                       For all banking organizations, the                    that it expected the tier 1 common ratio                with funding a planned acquisition.
                                                    proposal would remove the tier 1                         to remain in force until the Board                      This proposed revision would align the
                                                    common capital ratio requirement in the                  adopted a minimum common equity                         capital action assumptions with the
                                                    capital plan and stress test rules. For                  capital requirement. In 2013, the Board                 assumptions relating to business plan
                                                    large bank holding companies, the                        revised its regulatory capital rules to                 changes, which require a large bank
                                                    proposal would modify the stress test                    strengthen the quantity and quality of                  holding company to project the effects
                                                    capital action assumptions under the                     regulatory capital held by banking                      of any planned mergers or acquisitions.
                                                    stress test rules. For banking                           organizations. These revisions included                 Under the proposal, to the extent that a
                                                    organizations subject to the advanced                    a new minimum common equity tier 1                      large bank holding company is required
                                                    approaches, the proposal would delay                     capital requirement of 4.5 percent of                   to include an acquisition in its balance
                                                    the incorporation of the supplementary                   risk-weighted assets, which was fully                   sheet projections, the bank holding
                                                    leverage ratio for one year and                          phased-in on January 1, 2015.5                          company could include any stock
                                                    indefinitely defer the use of advanced                                                                           issuance associated with funding the
                                                                                                                The 2016 capital plan and stress test                acquisition in its stress test.
                                                    approaches in the capital plan and
                                                                                                             cycle is the first cycle in which banking
                                                    stress test rules.4 For the company-run                                                                          IV. Proposed Revisions to the Capital
                                                                                                             organizations will be subject to the 4.5
                                                                                                             percent common equity tier 1 capital                    Plan and Stress Test Rules for Banking
                                                       3 77 FR 62378 (October 12, 2012) (codified at 12

                                                    CFR part 252, subparts E and F). The stress test         ratio for each quarter of the planning                  Organizations Subject to the Advanced
                                                    requirements apply to savings and loan holding           horizon. The common equity tier 1                       Approaches
                                                    companies that are subject to the minimum                capital ratio generally is expected to be
                                                    regulatory capital requirements in 12 CFR part 217.
                                                                                                                                                                     A. Delay of Inclusion of the
                                                    The Board has not applied capital requirements to        more binding than the tier 1 common                     Supplementary Leverage Ratio
                                                    savings and loan holding companies that are              ratio under the severely adverse                          The supplementary leverage ratio
                                                    substantially engaged in commercial activities or        scenario because of the regulatory                      requirement applies only to banking
                                                    insurance underwriting activities to date. The Board
                                                    is currently working on developing an appropriate
                                                                                                             capital rule’s stringent capital                        organizations that use the advanced
                                                    capital regime for those institutions.                   deductions, most of which will be fully                 approaches to calculate their minimum
                                                       4 The supplementary leverage ratio requirement        phased-in by the end of the next                        regulatory capital requirements. For
                                                    applies only to banking organizations subject to the     planning horizon. Removing the tier 1                   these banking organizations, the
                                                    advanced approaches. A banking organization is           common ratio requirement will further
                                                    subject to the advanced approaches if it has                                                                     proposal would delay the incorporation
                                                                                                             reduce the burden of maintaining legacy                 of the supplementary leverage ratio in
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                                                    consolidated assets of at least $250 billion or if it
                                                    has total consolidated on-balance sheet foreign          systems and processes necessary for                     the capital plan and stress test rules for
                                                    exposures of at least $10 billion. The proposed          calculating the tier 1 common ratio.
                                                    amendments to the company-run stress test rules                                                                  one year. Under the proposal, these
                                                    apply to large bank holding companies, bank                                                                      banking organizations would not be
                                                    holding companies with total consolidated assets of      and supervisory stress test rules only apply to large   required to include an estimate of the
                                                    more than $10 billion but less than $50 billion,         bank holding companies at this time.
                                                                                                                5 Banking organizations subject to the advanced
                                                                                                                                                                     supplementary leverage ratio for the
                                                    savings and loan holding companies with total
                                                    consolidated assets of more than $10 billion, and        approaches became subject to a minimum common           capital plan and stress test cycles
                                                    state member banks with total consolidated assets        equity tier 1 requirement of 4.0 percent on January
                                                    of more than $10 billion; however, the capital plan      1, 2014.                                                 6 79   FR 64026 (October 27, 2014).



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                                                                             Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Proposed Rules                                                   43639

                                                    beginning on January 1, 2016. This                       eliminate the fixed dividend                          billion, such that these savings and loan
                                                    proposed change is appropriate in light                  assumptions for company-run stress                    holding companies would become
                                                    of the October 2014 revisions, which                     tests and would delay the application of              subject to the stress test rules for the
                                                    changed the commencement date of the                     the company-run stress testing                        first time beginning on January 1, 2017.
                                                    capital plan and stress test cycles. Prior               requirements to these savings and loan                   Savings and loan holding companies
                                                    to the timing change in the October                      holding companies for one stress test                 with total consolidated assets of more
                                                    2014 revisions, these banking                            cycle.                                                than $10 billion must conduct annual
                                                    organizations would have been required                                                                         company-run stress tests.7 The original
                                                                                                             A. Elimination of Fixed Dividend
                                                    to incorporate the supplementary                                                                               stress test rules provided a two-year
                                                                                                             Assumptions
                                                    leverage ratio into the stress test cycle                                                                      transition period for these savings and
                                                    beginning on October 1, 2016 (i.e., in the                  The proposal would eliminate the                   loan holding companies to comply with
                                                    sixth quarter of the 2017 stress testing                 requirement that bank holding                         the stress test requirements once they
                                                    and capital planning cycle). As a result                 companies with total consolidated                     became subject to regulatory capital
                                                    of the timing change, however, these                     assets of more than $10 billion but less              requirements on January 1, 2015.
                                                    banking organizations would be                           than $50 billion and savings and loan                 However, the October 2014 revisions to
                                                    required to incorporate the                              holding companies with total                          the stress test rules resulted in a
                                                    supplementary leverage ratio into the                    consolidated assets of more than $10                  shortening of this initial transition
                                                    upcoming stress test cycle beginning                     billion incorporate fixed assumptions                 period to one year. The proposal would
                                                    January 1, 2016 (i.e., in the ninth quarter              regarding dividends in their stress tests.            reinstate the previous transition period,
                                                    of the 2016 stress testing and capital                   These bank holding companies and                      such that these savings and loan holding
                                                    planning cycle).                                         savings and loan holding companies                    companies would become subject to the
                                                       To provide adequate time to develop                   would instead be required to                          company-run stress tests on January 1,
                                                    the required systems necessary to                        incorporate their own dividend                        2017. Accordingly, savings and loan
                                                    project the supplementary leverage                       payment assumptions consistent with                   holding companies with total
                                                    ratio, the proposal would not require                    internal capital needs and projections.               consolidated assets of more than $50
                                                    these banking organizations to                              Currently, the stress test rules require           billion would report results by April 5,
                                                    demonstrate compliance with the                          these bank holding companies and                      2017, and those with total consolidated
                                                    supplementary leverage ratio for                         savings and loan holding companies to                 assets of less than $50 billion would
                                                    purposes of the 2016 capital plan and                    make the same capital action                          report results by July 31, 2017.
                                                    stress test cycles.                                      assumptions in their stress tests that
                                                                                                             apply to large bank holding companies.                VI. Proposed Technical Amendments to
                                                    B. Deferral of the Introduction of the                   These capital action assumptions                      the Capital Plan and Stress Test Rules
                                                    Advanced Approaches                                      require these bank holding companies                    The proposal would also make certain
                                                       Under the current capital plan and                    and savings and loan holding                          technical amendments to the capital
                                                    stress test rules, banking organizations                 companies to assume they maintain                     plan and stress test rules to incorporate
                                                    that use the advanced approaches to                      their common stock dividend at a steady               changes related to other rulemakings.
                                                    calculate their minimum regulatory                       rate over the planning horizon, continue              On January 1, 2015, the risk-based
                                                    capital requirements must project their                  payments on other regulatory capital                  capital rules under 12 CFR part 217
                                                    risk-weighted assets using both the                      instruments at their stated dividend                  became effective, and the proposal
                                                    standardized and the advanced                            rate, and assume no repurchases or                    would remove references to the risk-
                                                    approaches. Several banking                              issuance of shares for each of the second             based capital rules in 12 CFR part 225
                                                    organizations have noted that the use of                 through ninth quarters of the planning                that are no longer operative as of that
                                                    advanced approaches in the capital plan                  horizon. The proposal would maintain                  date.
                                                    and stress test rules would require                      the assumptions of no repurchases,                      In addition, the Board is proposing to
                                                    significant resources and would                          redemptions, or issuance of regulatory                amend the definition of minimum
                                                    introduce complexity and opacity. In                     capital instruments in the stress tests.              regulatory capital ratio in 12 CFR
                                                    light of the concerns raised by these                       This proposed change is responsive to              225.8(d)(8), and the definition of
                                                    banking organizations, and pending a                     concerns raised by banking                            regulatory capital ratio in 12 CFR
                                                    broader review of how the capital plan                   organizations that dividends made at                  252.12(n), 12 CFR 252.42(m), and 12
                                                    and stress test rules interact with the                  the holding company level are often                   CFR 252.52(n) to incorporate the
                                                    regulatory capital rules as described                    funded directly through a subsidiary                  deductions required under 12 CFR
                                                    above, the proposal would delay until                    bank’s distributions to its holding                   248.12(d) (the Volcker Rule). The
                                                    further notice the use of the advanced                   company, but that subsidiary banks may                Volcker Rule requires a banking
                                                    approaches for calculating risk-based                    be subject to dividend restrictions that              organization to deduct from tier 1
                                                    capital requirements for purposes of the                 would not permit the bank to upstream                 capital its aggregate investments in
                                                    capital plan and stress test rules.                      capital to its holding company. The                   covered funds (as defined in 12 CFR.
                                                                                                             proposed change would also better align               248.10(b)). These required deductions
                                                    V. Proposed Revisions to Stress Test
                                                                                                             the stress test rules with the rules                  are not, however, reflected in the
                                                    Rules for Certain Bank Holding
                                                                                                             applicable to state member banks and                  regulatory text of 12 CFR part 217.
                                                    Companies and Savings and Loan
                                                                                                             the rules of the other banking agencies.              Accordingly, the proposal would revise
                                                    Holding Companies With Total
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                                                    Consolidated Assets of $10 Billion or                    B. Company Run Stress Test Transition                 the regulatory text of the above-
                                                    More                                                     Provisions for Certain Savings and Loan               referenced definitions to include the
                                                                                                             Holding Companies                                     required deductions under the Volcker
                                                      For bank holding companies with                                                                              Rule in the definition of regulatory
                                                    total consolidated assets of more than                      The proposal would delay for one
                                                                                                                                                                   capital ratio and minimum regulatory
                                                    $10 billion but less than $50 billion and                stress test cycle the application of the
                                                    savings and loan holding companies                       company-run stress test rules to saving                 7 Currently, savings and loan holding companies
                                                    with total consolidated assets of more                   and loan holding companies with total                 are not subject to the Board’s capital plan rule or
                                                    than $10 billion, the proposal would                     consolidated assets of more than $10                  supervisory stress tests, regardless of size.



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                                                    43640                    Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Proposed Rules

                                                    capital ratio. The amended language                      economic impact on small banking                      Authority and Issuance
                                                    will ensure that the definitions                         organizations. As discussed above, the                  For the reasons stated in the
                                                    referenced above will incorporate not                    projected reporting, recordkeeping, and               Supplementary Information, the Board
                                                    only the deductions required under 12                    other compliance requirements of the                  of Governors of the Federal Reserve
                                                    CFR part 217 but also the deductions                     rule are expected to be small. The Board              System proposes to amend 12 CFR
                                                    required under the Volcker Rule.                         does not believe that the rule duplicates,            chapter II as follows:
                                                                                                             overlaps, or conflicts with any other
                                                    Administrative Law Matters
                                                                                                             Federal rules. In light of the foregoing,             PART 225—BANK HOLDING
                                                    a. Paperwork Reduction Act                               the Board does not believe that the final             COMPANIES AND CHANGE IN BANK
                                                       In accordance with the requirements                   rule would have a significant economic                CONTROL (REGULATION Y)
                                                    of the Paperwork Reduction Act (PRA)                     impact on a substantial number of small
                                                    of 1995 (44 U.S.C. 3501–3521), the                       entities.                                             ■ 1. The authority citation for part 225
                                                    Board may not conduct or sponsor, and                       The Board welcomes comment on all                  continues to read as follows:
                                                    a respondent is not required to respond                  aspects of its analysis. A final regulatory             Authority: 12 U.S.C. 1817(j)(13), 1818,
                                                    to, an information collection unless it                  flexibility analysis will be conducted                1828(o), 1831i, 1831p–1, 1843(c)(8), 1844(b),
                                                    displays a currently valid Office of                     after consideration of comments                       1972(1), 3106, 3108, 3310, 3331–3351, 3906,
                                                    Management and Budget (OMB) control                      received during the public comment                    3907, and 3909; 15 U.S.C. 1681s, 1681w,
                                                    number. The Board reviewed this                          period.                                               6801 and 6805.
                                                    proposed rule under the authority                        c. Solicitation of Comments on Use of                 Subpart A—General Provisions
                                                    delegated to the Board by the OMB and                    Plain Language
                                                    determined that it contains no                              Section 722 of the Gramm-Leach-                    ■  2. Section 225.8 is amended by:
                                                    collections of information. As the Board                 Bliley Act (Pub. L. 106–102, 113 Stat.                ■  a. Revising paragraphs (c)(3), (d)(8),
                                                    considers the public comments received                   1338, 1471, 12 U.S.C. 4809) requires the              and (d)(11);
                                                    and finalizes the rulemaking, the Board                                                                        ■ b. Removing paragraphs (d)(12) and
                                                                                                             federal banking agencies to use plain
                                                    will reevaluate this PRA determination.                  language in all proposed and final rules              (d)(13);
                                                                                                                                                                   ■ c. Redesignating paragraph (d)(14) as
                                                    b. Regulatory Flexibility Act Analysis                   published after January 1, 2000. The
                                                                                                             Board has sought to present the                       paragraph (d)(12);
                                                       The Board is providing an initial                                                                           ■ d. Removing and reserving paragraph
                                                                                                             proposed rule in a simple and
                                                    regulatory flexibility analysis with                                                                           (e)(2)(i)(B); and
                                                                                                             straightforward manner, and invites
                                                    respect to this proposed rule. The                                                                             ■ e. Revising paragraphs (e)(2)(ii)(A),
                                                                                                             comment on the use of plain language.
                                                    Regulatory Flexibility Act, 5 U.S.C. 601                                                                       (f)(1)(i)(C), (f)(2)(ii)(C), and (g)(1)(i).
                                                                                                                For example:
                                                    et seq. (RFA), generally requires that an                   • Have we organized the material to                   The revisions to read as follows:
                                                    agency prepare and make available an                     suit your needs? If not, how could the
                                                    initial regulatory flexibility analysis in                                                                     § 225.8    Capital planning.
                                                                                                             rule be more clearly stated?
                                                    connection with a notice of proposed                        • Are the requirements in the rule                 *      *     *     *     *
                                                    rulemaking.                                              clearly stated? If not, how could the rule               (c) * * *
                                                       Under regulations issued by the Small                 be more clearly stated?                                  (3) Transition periods for bank
                                                    Business Administration (‘‘SBA’’), a                        • Do the regulations contain technical             holding companies subject to the
                                                    small entity includes a depository                       language or jargon that is not clear? If              supplementary leverage ratio.
                                                    institution, bank holding company, or                    so, which language requires                           Notwithstanding paragraph (d)(8) of this
                                                    savings and loan holding company with                    clarification?                                        section, only for purposes of the capital
                                                    total assets of $550 million or less (a                     • Would a different format (grouping               plan cycle beginning on January 1, 2016,
                                                    small banking organization).8 As of                      and order of sections, use of headings,               a bank holding company shall not
                                                    March 31, 2015, there were                               paragraphing) make the regulation                     include an estimate of its
                                                    approximately 631 small state member                     easier to understand? If so, what                     supplementary leverage ratio.
                                                    banks. As of December 31, 2014, there                    changes would make the regulation                        (d) * * *
                                                    were approximately 3,833 small bank                      easier to understand?                                    (8) Minimum regulatory capital ratio
                                                    holding companies and 271 small                             • Would more, but shorter, sections                means any minimum regulatory capital
                                                    savings and loan holding companies.                      be better? If so, which sections should               ratio that the Federal Reserve may
                                                    The proposed rule would apply to bank                    be changed?                                           require of a bank holding company, by
                                                    holding companies, savings and loan                         • What else could we do to make the                regulation or order, including, the bank
                                                    holding companies, and state member                      regulation easier to understand?                      holding company’s tier 1 and
                                                    banks with total consolidated asset of                                                                         supplementary leverage ratios as
                                                                                                             List of Subjects                                      calculated under 12 CFR 217, including
                                                    $10 billion or more and nonbank
                                                    financial companies supervised by the                    12 CFR Part 225                                       the deductions required under 12 CFR
                                                    Board. Companies that would be subject                     Administrative practice and                         248.12, as applicable, and the bank
                                                    to the proposed rule therefore                           procedure, Banks, Banking, Capital                    holding company’s common equity tier
                                                    substantially exceed the $550 million                    planning, Holding companies, Reporting                1, tier 1, and total risk-based capital
                                                    total asset threshold at which a                         and recordkeeping requirements,                       ratios as calculated under 12 CFR part
                                                    company is considered a small company                                                                          217, including the deductions required
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                                                                                                             Securities, Stress testing.
                                                    under SBA regulations. Therefore, there                                                                        under 12 CFR 248.12 and the transition
                                                    are no significant alternatives to the                   12 CFR Part 252                                       provisions at 12 CFR 217.1(f)(4) and 12
                                                    proposed rule that would have less                         Administrative practice and                         CFR 217.300, or any successor
                                                                                                             procedure, Banks, Banking, Capital                    regulation; except that, the bank holding
                                                       8 See 13 CFR 121.201. Effective July 14, 2014, the
                                                                                                             planning, Federal Reserve System,                     company shall not use the advanced
                                                    Small Business Administration revised the size                                                                 approaches to calculate its regulatory
                                                    standards for banking organizations to $550 million
                                                                                                             Holding companies, Reporting and
                                                    in assets from $500 million in assets. 79 FR 33647       recordkeeping requirements, Securities,               capital ratios.
                                                    (June 12, 2014).                                         Stress testing.                                       *      *     *     *     *


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                                                                             Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Proposed Rules                                            43641

                                                       (11) Tier 1 capital has the same                      248.12, as applicable, and the                        the bank holding company or savings
                                                    meaning as under 12 CFR part 217 or                      company’s common equity tier 1, tier 1,               and loan holding company must:
                                                    any successor regulation.                                and total risk-based capital ratios as                   (i) Assume no redemption or
                                                    *       *    *     *     *                               calculated under 12 CFR part 217,                     repurchase of any capital instrument
                                                       (e) * * *                                             including the deductions required                     that is eligible for inclusion in the
                                                       (2)(i) * * *                                          under 12 CFR 248.12 and the transition                numerator of a regulatory capital ratio;
                                                       (B) [Reserved]                                        provisions at 12 CFR 217.1(f)(4) and 12                  (ii) Assume no issuances of common
                                                    *       *    *     *     *                               CFR 217.300, or any successor                         stock or preferred stock, except for
                                                       (ii) * * *                                            regulation; except that, the company                  issuances related to expensed employee
                                                       (A) A discussion of how the bank                      shall not use the advanced approaches                 compensation or in connection with a
                                                    holding company will, under expected                     to calculate its regulatory capital ratios.           planned merger or acquisition to the
                                                    and stressful conditions, maintain                       *     *     *      *    *                             extent that the merger or acquisition is
                                                    capital commensurate with its risks,                     ■ 5. Section 252.13 is amended by                     reflected in the company’s pro forma
                                                    maintain capital above the minimum                       revising paragraphs (b)(2) and (b)(3) to              balance sheet estimates; and
                                                    regulatory capital ratios, and serve as a                read as follows:                                         (iii) Make reasonable assumptions
                                                    source of strength to its subsidiary                                                                           regarding payments of dividends
                                                                                                             § 252.13   Applicability.                             consistent with internal capital needs
                                                    depository institutions;
                                                                                                             *      *      *     *    *                            and projections.
                                                    *       *    *     *     *
                                                       (f) * * *                                               (b) * * *                                           *       *    *     *     *
                                                       (1)(i) * * *                                            (2) Transition period for savings and               ■ 7. Section 252.42 is amended by:
                                                       (C) The bank holding company’s                        loan holding companies. (i) A savings                 ■ a. Revising paragraph (m); and
                                                    ability to maintain capital above each                   and loan holding company that is                      ■ b. Removing paragraph (r).
                                                    minimum regulatory capital ratio on a                    subject to minimum regulatory capital                    The revision to read as follows:
                                                    pro forma basis under expected and                       requirements and exceeds the asset
                                                    stressful conditions throughout the                      threshold for the first time on or before             § 252.42    Definitions.
                                                    planning horizon, including but not                      March 31 of a given year, must comply                 *      *    *      *     *
                                                    limited to any scenarios required under                  with the requirements of this subpart                    (m) Regulatory capital ratio means a
                                                    paragraphs (e)(2)(i)(A) and (e)(2)(ii) of                beginning on January 1 of the following               capital ratio for which the Board
                                                    this section.                                            year, unless that time is extended by the             established minimum requirements for
                                                                                                             Board in writing;                                     the company by regulation or order,
                                                    *       *    *     *     *                                 (ii) A savings and loan holding
                                                       (2)(ii) * * *                                                                                               including the company’s tier 1 and
                                                                                                             company that is subject to minimum                    supplementary leverage ratios as
                                                       (C) The bank holding company has
                                                                                                             regulatory capital requirements and                   calculated under 12 CFR part 217,
                                                    not demonstrated an ability to maintain
                                                                                                             exceeds the asset threshold for the first             including the deductions required
                                                    capital above each minimum regulatory
                                                                                                             time after March 31 of a given year must              under 12 CFR 248.12, as applicable, and
                                                    capital ratio on a pro forma basis under
                                                                                                             comply with the requirements of this                  the company’s common equity tier 1,
                                                    expected and stressful conditions
                                                                                                             subpart beginning on January 1 of the                 tier 1, and total risk-based capital ratios
                                                    throughout the planning horizon; or
                                                                                                             second year following that given year,                as calculated under 12 CFR part 217,
                                                    *       *    *     *     *                               unless that time is extended by the                   including the deductions required
                                                       (g) * * *                                             Board in writing; and                                 under 12 CFR 248.12 and the transition
                                                       (1) * * *                                               (iii) Notwithstanding paragraph                     provisions at 12 CFR 217.1(f)(4) and 12
                                                       (i) After giving effect to the capital                (b)(2)(i) of this section, a savings and              CFR 217.300, or any successor
                                                    distribution, the bank holding company                   loan holding company that is subject to               regulation; except that, the company
                                                    would not meet a minimum regulatory                      minimum regulatory capital                            shall not use the advanced approaches
                                                    capital ratio;                                           requirements and exceeded the asset                   to calculate its regulatory capital ratios.
                                                    *       *    *     *     *                               threshold for the first time on or before             *      *    *      *     *
                                                                                                             March 31, 2015, must comply with the                  ■ 8. Section 252.43 is amended by
                                                    PART 252—ENHANCED PRUDENTIAL                             requirements of this subpart beginning
                                                    STANDARDS (Regulation YY).                                                                                     revising paragraph (c) to read as follows:
                                                                                                             on January 1, 2017, unless that time is
                                                    ■ 3. The authority citation for part 252                 extended by the Board in writing.                     § 252.43    Applicability.
                                                    continues to read as follows:                              (3) Transition periods for companies                *      *   *     *      *
                                                                                                             subject to the supplementary leverage                   (c) Transition periods for covered
                                                      Authority: 12 U.S.C. 321–338a, 1467a(g),
                                                    1818, 1831p–1, 1844(b), 1844(c), 5361, 5365,
                                                                                                             ratio.                                                companies subject to the supplementary
                                                    5366.                                                      Notwithstanding § 252.12(n) of this                 leverage ratio. Notwithstanding
                                                    ■ 4. Section 252.12 is amended by                        subpart, for purposes of the stress test              § 252.42(m) of this subpart, only for
                                                    revising paragraph (n) to read as                        cycle beginning on January 1, 2016, a                 purposes of the stress test cycle
                                                    follows:                                                 company shall not include an estimate                 beginning on January 1, 2016, the Board
                                                                                                             of its supplementary leverage ratio.                  will not include an estimate a covered
                                                    § 252.12   Definitions.                                  *      *      *     *    *                            company’s supplementary leverage
                                                    *     *     *     *    *                                                                                       ratio.
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                                                                                                             ■ 6. Section 252.15 is amended by
                                                      (n) Regulatory capital ratio means a                   revising paragraph (b)(2) to read as                  *      *   *     *      *
                                                    capital ratio for which the Board                        follows:                                              ■ 9. Section 252.44 is amended by
                                                    established minimum requirements for                                                                           revising paragraph (a)(2) to read as
                                                    the company by regulation or order,                      § 252.15   Methodologies and practices.
                                                                                                                                                                   follows:
                                                    including a company’s tier 1 and                         *     *    *     *     *
                                                    supplementary leverage ratio as                            (b) * * *                                           § 252.44    Annual analysis conducted by the
                                                    calculated under 12 CFR 217, including                     (2) For each of the second through                  Board.
                                                    the deductions required under 12 CFR                     ninth quarters of the planning horizon,                   (a) * * *


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                                                    43642                    Federal Register / Vol. 80, No. 141 / Thursday, July 23, 2015 / Proposed Rules

                                                       (2) The analysis will include an                      estimate of its supplementary leverage                  By order of the Board of Governors of the
                                                    assessment of the projected losses, net                  ratio.                                                Federal Reserve System, July 17, 2015.
                                                    income, and pro forma capital levels                     *      *     *     *     *                            Margaret McCloskey Shanks,
                                                    and regulatory capital ratios and other                  ■ 13. Section 252.56 is amended by                    Deputy Secretary of the Board.
                                                    capital ratios for the covered company                   revising paragraphs (a)(2), (b)(2)(i), and            [FR Doc. 2015–18038 Filed 7–22–15; 8:45 am]
                                                    and use such analytical techniques that                  (b)(2)(iv) to read as follows:                        BILLING CODE P
                                                    the Board determines are appropriate to
                                                    identify, measure, and monitor risks of                  § 252.56   Methodologies and practices.
                                                    the covered company that may affect the                     (a) * * *                                          DEPARTMENT OF TRANSPORTATION
                                                    financial stability of the United States.                   (2) The potential impact on pro forma
                                                    *      *    *     *      *                               regulatory capital levels and pro forma               Federal Aviation Administration
                                                    ■ 10. Section 252.45 is amended by                       capital ratios (including regulatory
                                                    revising paragraph (b)(2) to read as                     capital ratios and any other capital                  14 CFR Part 39
                                                    follows:                                                 ratios specified by the Board),                       [Docket No. FAA–2015–2958; Directorate
                                                                                                             incorporating the effects of any capital              Identifier 2014–NM–248–AD]
                                                    § 252.45 Data and information required to
                                                                                                             actions over the planning horizon and
                                                    be submitted in support of the Board’s                                                                         RIN 2120–AA64
                                                    analyses.                                                maintenance of an allowance for loan
                                                                                                             losses appropriate for credit exposures
                                                    *     *     *     *    *                                                                                       Airworthiness Directives; The Boeing
                                                                                                             throughout the planning horizon.
                                                      (b) * * *                                                                                                    Company Airplanes
                                                      (2) Project a company’s pre-provision                     (b) * * *
                                                    net revenue, losses, provision for loan                     (2) * * *                                          AGENCY: Federal Aviation
                                                    and lease losses, and net income; and,                      (i) Common stock dividends equal to                Administration (FAA), DOT.
                                                    pro forma capital levels, regulatory                     the quarterly average dollar amount of                ACTION: Notice of proposed rulemaking
                                                    capital ratios, and any other capital ratio              common stock dividends that the                       (NPRM).
                                                    specified by the Board under the                         company paid in the previous year (that
                                                                                                             is, the first quarter of the planning                 SUMMARY:   We propose to adopt a new
                                                    scenarios described in § 252.44(b).
                                                                                                             horizon and the preceding three                       airworthiness directive (AD) for all The
                                                    *     *     *     *    *                                                                                       Boeing Company Model 787 airplanes.
                                                                                                             calendar quarters) plus common stock
                                                    ■ 11. Section 252.52 is amended by:                                                                            This proposed AD was prompted by the
                                                    ■ a. Revising paragraph (n); and
                                                                                                             dividends attributable to issuances
                                                                                                             related to expensed employee                          disclosure that the inner diameters of
                                                    ■ b. removing paragraph (t).
                                                                                                             compensation;                                         some batches of landing gear pins were
                                                      The revision to read as follows:
                                                                                                             *      *      *    *      *                           not shot peened in accordance with
                                                    § 252.52   Definitions.                                     (iv) An assumption of no issuances of              design specifications and need to be
                                                    *      *    *      *     *                               common stock or preferred stock, except               replaced. This proposed AD would
                                                       (n) Regulatory capital ratio means a                  for issuances related to expensed                     require inspection for improperly
                                                    capital ratio for which the Board                        employee compensation or in                           manufactured landing gear pins, and
                                                    established minimum requirements for                     connection with a planned merger or                   replacement if necessary. We are
                                                    the company by regulation or order,                      acquisition to the extent that the merger             proposing this AD to detect and correct
                                                    including the company’s tier 1 and                       or acquisition is reflected in the covered            insufficient shot peening that could lead
                                                    supplementary leverage ratios as                         company’s pro forma balance sheet                     to stress corrosion cracking and failure
                                                    calculated under 12 CFR part 217,                        estimates.                                            of the landing gear pin, and cause
                                                    including the deductions required                                                                              landing gear collapse and inability to
                                                                                                             *      *      *    *      *                           control the airplane at high speeds on
                                                    under 12 CFR 248.12, as applicable, and                  ■ 14. Section 252.58 is amended by
                                                    the company’s common equity tier 1,                                                                            the ground.
                                                                                                             revising paragraphs (b)(3)(v), (b)(4), and
                                                    tier 1, and total risk-based capital ratios                                                                    DATES: We must receive comments on
                                                                                                             (c)(2) to read as follows:
                                                    as calculated under 12 CFR part 217,                                                                           this proposed AD by September 8, 2015.
                                                    including the deductions required                        § 252.58   Disclosure of stress test results.         ADDRESSES: You may send comments,
                                                    under 12 CFR 248.12 and the transition                   *      *     *    *     *                             using the procedures found in 14 CFR
                                                    provisions at 12 CFR 217.1(f)(4) and 12                     (b) * * *                                          11.43 and 11.45, by any of the following
                                                    CFR 217.300, or any successor                               (3) * * *                                          methods:
                                                    regulation; except that, the company                        (v) Pro forma regulatory capital ratios              • Federal eRulemaking Portal: Go to
                                                    shall not use the advanced approaches                    and any other capital ratios specified by             http://www.regulations.gov. Follow the
                                                    to calculate its regulatory capital ratios.              the Board;                                            instructions for submitting comments.
                                                    *      *    *      *     *                                  (4) An explanation of the most                       • Fax: 202–493–2251.
                                                    ■ 12. Section 252.53 is amended by                       significant causes for the changes in                   • Mail: U.S. Department of
                                                    revising paragraph (b)(3) to read as                     regulatory capital ratios; and                        Transportation, Docket Operations, M–
                                                    follows:                                                                                                       30, West Building Ground Floor, Room
                                                                                                             *      *     *    *     *                             W12–140, 1200 New Jersey Avenue SE.,
                                                    § 252.53   Applicability.                                   (c) * * *                                          Washington, DC 20590.
                                                                                                                (2) The disclosure of pro forma                      • Hand Delivery: Deliver to Mail
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                                                    *     *    *      *    *
                                                      (b) * * *                                              regulatory capital ratios and any other               address above between 9 a.m. and 5
                                                      (3) Transition periods for covered                     capital ratios specified by the Board that            p.m., Monday through Friday, except
                                                    companies subject to the supplementary                   is required under paragraph (b) of this               Federal holidays.
                                                    leverage ratio. Notwithstanding                          section must include the beginning                      For service information identified in
                                                    § 252.52(n) of this subpart, only for                    value, ending value, and minimum                      this proposed AD, contact Boeing
                                                    purposes of the stress test cycle                        value of each ratio over the planning                 Commercial Airplanes, Attention: Data
                                                    beginning on January 1, 2016, a bank                     horizon.                                              & Services Management, P. O. Box 3707,
                                                    holding company shall not include an                     *      *     *    *     *                             MC 2H–65, Seattle, WA 98124–2207;


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Document Created: 2015-12-15 12:53:19
Document Modified: 2015-12-15 12:53:19
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 comment.
DatesComments must be received on or before September 24, 2015.
ContactLisa Ryu, Associate Director, (202) 263-4833, Constance Horsley, Assistant Director, (202) 452-5239, Mona Touma Elliot, Manager, (202) 912-4688, Page Conkling, Senior Supervisory Financial Analyst, (202) 912-4647, Joseph Cox, Senior Financial Analyst, (202) 452-3216, or Hillel Kipnis, Financial Analyst, (202) 452-2924, Division of Banking Supervision and Regulation; Laurie Schaffer, Associate General Counsel, (202) 452-2272, Christine Graham, Counsel, (202) 452-3005, or Julie Anthony, Senior Attorney, (202) 475- 6682, Legal Division, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue NW., Washington, DC 20551. Users of Telecommunication Device for Deaf (TDD) only, call (202) 263-4869.
FR Citation80 FR 43637 
CFR Citation12 CFR 225
12 CFR 252
CFR AssociatedAdministrative Practice and Procedure; Banks; Banking; Capital Planning; Holding Companies; Reporting and Recordkeeping Requirements; Securities; Stress Testing and Federal Reserve System

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