80_FR_78344 80 FR 78104 - Semiannual Regulatory Flexibility Agenda

80 FR 78104 - Semiannual Regulatory Flexibility Agenda

FEDERAL RESERVE SYSTEM

Federal Register Volume 80, Issue 240 (December 15, 2015)

Page Range78104-78105
FR Document2015-30675

The Board is issuing this agenda under the Regulatory Flexibility Act and the Board's Statement of Policy Regarding Expanded Rulemaking Procedures. The Board anticipates having under consideration regulatory matters as indicated below during the period November 1, 2015, through April 30, 2016. The next agenda will be published in spring 2016.

Federal Register, Volume 80 Issue 240 (Tuesday, December 15, 2015)
[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)]
[Unknown Section]
[Pages 78104-78105]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30675]



[[Page 78103]]

Vol. 80

Tuesday,

No. 240

December 15, 2015

Part XXV





Federal Reserve System





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Semiannual Regulatory Agenda

Federal Register / Vol. 80 , No. 240 / Tuesday, December 15, 2015 / 
Unified Agenda

[[Page 78104]]


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FEDERAL RESERVE SYSTEM

12 CFR Ch. II


Semiannual Regulatory Flexibility Agenda

AGENCY: Board of Governors of the Federal Reserve System.

ACTION: Semiannual regulatory agenda.

-----------------------------------------------------------------------

SUMMARY: The Board is issuing this agenda under the Regulatory 
Flexibility Act and the Board's Statement of Policy Regarding Expanded 
Rulemaking Procedures. The Board anticipates having under consideration 
regulatory matters as indicated below during the period November 1, 
2015, through April 30, 2016. The next agenda will be published in 
spring 2016.

DATES: Comments about the form or content of the agenda may be 
submitted anytime during the next 6 months.

ADDRESSES: Comments should be addressed to Robert deV. Frierson, 
Secretary of the Board, Board of Governors of the Federal Reserve 
System, Washington, DC 20551.

FOR FURTHER INFORMATION CONTACT: A staff contact for each item is 
indicated with the regulatory description below.

SUPPLEMENTARY INFORMATION: The Board is publishing its fall 2015 agenda 
as part of the Fall 2015 Unified Agenda of Federal Regulatory and 
Deregulatory Actions, which is coordinated by the Office of Management 
and Budget under Executive Order 12866. The agenda also identifies 
rules the Board has selected for review under section 610(c) of the 
Regulatory Flexibility Act, and public comment is invited on those 
entries. The complete Unified Agenda will be available to the public at 
the following Web site: www.reginfo.gov. Participation by the Board in 
the Unified Agenda is on a voluntary basis.
    The Board's agenda is divided into four sections. The first, 
Prerule Stage, reports on matters the Board is considering for future 
rulemaking. The second section, Proposed Rule Stage, reports on matters 
the Board may consider for public comment during the next 6 months. The 
third section, Final Rule Stage, reports on matters that have been 
proposed and are under Board consideration. And a fourth section, 
Completed Actions, reports on regulatory matters the Board has 
completed or is not expected to consider further. A dot () 
preceding an entry indicates a new matter that was not a part of the 
Board's previous agenda.

Margaret McCloskey Shanks,
Deputy Secretary of the Board.

               Federal Reserve System--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
535.......................  Regulation Q--Regulatory           7100-AE27
                             Capital Rules: Regulatory
                             Capital, Proposed Rule
                             Demonstrating Application
                             of Common Equity Tier 1
                             Capital Qualification
                             Criteria (Docket No: R-
                             1506).
536.......................  Regulation CC--                    7100-AD68
                             Availability of Funds and
                             Collection of Checks
                             (Docket No: R-1409).
537.......................  Regulation LL--Savings and         7100-AD80
                             Loan Holding Companies
                             and Regulation MM--Mutual
                             Holding Companies (Docket
                             No: R-1429).
------------------------------------------------------------------------


FEDERAL RESERVE SYSTEM (FRS)

Proposed Rule Stage

535. Regulation Q--Regulatory Capital Rules: Regulatory Capital, 
Proposed Rule Demonstrating Application of Common Equity Tier 1 Capital 
Qualification Criteria (Docket No: R-1506)

    Legal Authority: 12 U.S.C. 1844(b); 12 U.S.C. 1851; 12 U.S.C. 
1467a; 12 U.S.C. 1818; 12 U.S.C. 3904; . . .
    Abstract: Notice of proposed rulemaking that would illustrate how 
the Board of Governors of the Federal Reserve System (Board) would 
apply the common equity tier 1 capital qualification criteria to 
depository institution holding companies that are organized in forms 
other than as stock corporations (``proposed rule''). The proposed rule 
discusses some of the qualification criteria for common equity tier 1 
capital under Regulation Q and provides examples of how the Board would 
apply the criteria in specific situations involving partnerships and 
limited liability companies. In addition, the proposed rule would amend 
Regulation Q to address unique issues presented by certain savings and 
loan holding companies that are trusts and by depository institution 
holding companies that are employee stock ownership plans.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Board Requested Comments............   12/19/14  79 FR 75759
Board Expects Further Action........   01/00/16
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Christine Graham, Counsel, Federal Reserve System, 
Legal Division, Phone: 202 452-3005.
    Mark Buresh, Attorney, Federal Reserve System, Legal Division, 
Phone: 202 452-5270.
    Thomas R. Boemio, Manager, Federal Reserve System, Division of 
Banking Supervision and Regulation, Phone: 202 452-2982.
    RIN: 7100-AE27

536. Regulation CC--Availability of Funds and Collection of Checks 
(Docket No: R-1409)

    Legal Authority: 12 U.S.C. 4001 to 4010; 12 U.S.C. 5001 to 5018
    Abstract: The Board of Governors of the Federal Reserve System (the 
Board) proposed amendments to Regulation CC to facilitate the banking 
industry's ongoing transition to fully electronic interbank check 
collection and return, including proposed amendments to subpart C to 
condition a depositary bank's right of expeditious return on the 
depositary bank agreeing to accept returned checks electronically, 
either directly or indirectly, from the paying bank. The Board also 
proposed amendments to subpart B, the funds availability schedule 
provisions to reflect the fact that there are no longer any non-local 
checks. The Board proposed to revise the model forms in appendix C that 
banks may use in disclosing their funds availability policies to their 
customers and to update the preemption determinations in appendix F. 
Finally, the Board requested comment on whether it should consider 
future changes to the regulation to improve the check collection 
system, such as decreasing the time afforded to a paying bank to decide 
whether to pay a check in order to reduce the risk to a depositary bank 
of needing to make funds available for withdrawal before learning 
whether a deposited check has been returned unpaid.
    Timetable:

[[Page 78105]]



------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Board Requested Comments............   03/25/11  76 FR 16862
Board Requested Comments on Revised    02/04/14  79 FR 6673
 Proposal.
Board Expects Further Action on        12/00/15
 Subpart C.
Board Expects Further Action on        09/00/16
 Subpart B.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Clinton Chen, Attorney, Federal Reserve System, 
Legal Division, Phone: 202 452-3952.
    RIN: 7100-AD68

537. Regulation LL--Savings and Loan Holding Companies and Regulation 
MM--Mutual Holding Companies (Docket No: R-1429)

    Legal Authority: 5 U.S.C. 552; 5 U.S.C. 559; 5 U.S.C. 1813; 5 
U.S.C. 1817; 5 U.S.C. 1828; . . .
    Abstract: The Dodd-Frank Act Wall Street Reform and Consumer 
Protection Act (the Act) transferred responsibility for supervision of 
Savings and Loan Holding Companies (SLHCs) and their non-depository 
subsidiaries from the Office of Thrift Supervision (OTS) to the Board 
of Governors of the Federal Reserve System (Board), on July 21, 2011. 
The Act also transferred supervisory functions related to Federal 
savings associations and State savings associations to the Office of 
the Comptroller of the Currency (OCC) and the Federal Deposit Insurance 
Corporation (FDIC), respectively. The Board on August 12, 2011, 
approved an interim final rule for SLHCs, including a request for 
public comment. The interim final rule transferred from the OTS to the 
Board the regulations necessary for the Board to supervise SLHCs, with 
certain technical and substantive modifications. The interim final rule 
has three components: (1) New Regulation LL (part 238), which sets 
forth regulations generally governing SLHCs; (2) new Regulation MM 
(part 239), which sets forth regulations governing SLHCs in mutual 
form; and (3) technical amendments to existing Board regulations 
necessary to accommodate the transfer of supervisory authority for 
SLHCs from the OTS to the Board. The structure of interim final 
Regulation LL closely follows that of the Board's Regulation Y, which 
governs bank holding companies, in order to provide an overall 
structure to rules that were previously found in disparate locations. 
In many instances, interim final Regulation LL incorporated OTS 
regulations with only technical modifications to account for the shift 
in supervisory responsibility from the OTS to the Board. Interim final 
Regulation LL also reflects statutory changes made by the Dodd-Frank 
Act with respect to SLHCs, and incorporates Board precedent and 
practices with respect to applications processing procedures and 
control issues, among other matters. Interim final Regulation MM 
organized existing OTS regulations governing SLHCs in mutual form 
(MHCs) and their subsidiary holding companies into a single part of the 
Board's regulations. In many instances, interim final Regulation MM 
incorporated OTS regulations with only technical modifications to 
account for the shift in supervisory responsibility from the OTS to the 
Board. Interim final Regulation MM also reflects statutory changes made 
by the Dodd-Frank Act with respect to MHCs. The interim final rule also 
made technical amendments to Board rules to facilitate supervision of 
SLHCs, including to rules implementing Community Reinvestment Act 
requirements and to Board procedural and administrative rules. In 
addition, the Board made technical amendments to implement section 
312(b)(2)(A) of the Act, which transfers to the Board all rulemaking 
authority under section 11 of the Home Owner's Loan Act relating to 
transactions with affiliates and extensions of credit to executive 
officers, directors, and principal shareholders. These amendments 
include revisions to parts 215 (Insider Transactions) and part 223 
(Transactions with Affiliates) of Board regulations.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Board Requested Comments............   09/13/11  76 FR 56508
Board Expects Further Action........   12/00/15
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: C. Tate Wilson, Counsel, Federal Reserve System, 
Legal Division, Phone: 202 452-3696.
    Claudia Von Pervieux, Counsel, Federal Reserve System, Legal 
Division, Phone: 202 452-2552.
    RIN: 7100-AD80

[FR Doc. 2015-30675 Filed 12-14-15; 8:45 am]
BILLING CODE 6210-01-P



                                                      78104                      Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Unified Agenda

                                                      FEDERAL RESERVE SYSTEM                                      ADDRESSES:   Comments should be                        by the Board in the Unified Agenda is
                                                                                                                  addressed to Robert deV. Frierson,                     on a voluntary basis.
                                                      12 CFR Ch. II                                               Secretary of the Board, Board of                         The Board’s agenda is divided into
                                                                                                                  Governors of the Federal Reserve                       four sections. The first, Prerule Stage,
                                                      Semiannual Regulatory Flexibility                           System, Washington, DC 20551.
                                                      Agenda                                                                                                             reports on matters the Board is
                                                                                                                  FOR FURTHER INFORMATION CONTACT:      A                considering for future rulemaking. The
                                                      AGENCY:  Board of Governors of the                          staff contact for each item is indicated               second section, Proposed Rule Stage,
                                                      Federal Reserve System.                                     with the regulatory description below.                 reports on matters the Board may
                                                      ACTION: Semiannual regulatory agenda.                                                                              consider for public comment during the
                                                                                                                  SUPPLEMENTARY INFORMATION:      The Board
                                                      SUMMARY:  The Board is issuing this                         is publishing its fall 2015 agenda as part             next 6 months. The third section, Final
                                                      agenda under the Regulatory Flexibility                     of the Fall 2015 Unified Agenda of                     Rule Stage, reports on matters that have
                                                      Act and the Board’s Statement of Policy                     Federal Regulatory and Deregulatory                    been proposed and are under Board
                                                      Regarding Expanded Rulemaking                               Actions, which is coordinated by the                   consideration. And a fourth section,
                                                      Procedures. The Board anticipates                           Office of Management and Budget under                  Completed Actions, reports on
                                                      having under consideration regulatory                       Executive Order 12866. The agenda also                 regulatory matters the Board has
                                                      matters as indicated below during the                       identifies rules the Board has selected                completed or is not expected to consider
                                                      period November 1, 2015, through April                      for review under section 610(c) of the                 further. A dot (•) preceding an entry
                                                      30, 2016. The next agenda will be                           Regulatory Flexibility Act, and public                 indicates a new matter that was not a
                                                      published in spring 2016.                                   comment is invited on those entries.                   part of the Board’s previous agenda.
                                                      DATES: Comments about the form or                           The complete Unified Agenda will be
                                                                                                                                                                         Margaret McCloskey Shanks,
                                                      content of the agenda may be submitted                      available to the public at the following
                                                      anytime during the next 6 months.                           Web site: www.reginfo.gov. Participation               Deputy Secretary of the Board.

                                                                                                       FEDERAL RESERVE SYSTEM—PROPOSED RULE STAGE
                                                                                                                                                                                                           Regulation
                                                        Sequence No.                                                                      Title                                                           Identifier No.

                                                      535 ....................   Regulation Q—Regulatory Capital Rules: Regulatory Capital, Proposed Rule Demonstrating Application of                       7100–AE27
                                                                                   Common Equity Tier 1 Capital Qualification Criteria (Docket No: R–1506).
                                                      536 ....................   Regulation CC—Availability of Funds and Collection of Checks (Docket No: R–1409) .................................          7100–AD68
                                                      537 ....................   Regulation LL—Savings and Loan Holding Companies and Regulation MM—Mutual Holding Companies                                 7100–AD80
                                                                                   (Docket No: R–1429).



                                                      FEDERAL RESERVE SYSTEM (FRS)                                companies that are employee stock                      ongoing transition to fully electronic
                                                                                                                  ownership plans.                                       interbank check collection and return,
                                                      Proposed Rule Stage
                                                                                                                    Timetable:                                           including proposed amendments to
                                                      535. Regulation Q—Regulatory Capital                                                                               subpart C to condition a depositary
                                                      Rules: Regulatory Capital, Proposed                                Action                Date         FR Cite      bank’s right of expeditious return on the
                                                      Rule Demonstrating Application of                                                                                  depositary bank agreeing to accept
                                                      Common Equity Tier 1 Capital                                Board Requested          12/19/14     79 FR 75759
                                                                                                                    Comments.                                            returned checks electronically, either
                                                      Qualification Criteria (Docket No: R–                                                                              directly or indirectly, from the paying
                                                                                                                  Board Expects            01/00/16
                                                      1506)                                                         Further Action.                                      bank. The Board also proposed
                                                         Legal Authority: 12 U.S.C. 1844(b); 12                                                                          amendments to subpart B, the funds
                                                      U.S.C. 1851; 12 U.S.C. 1467a; 12 U.S.C.                       Regulatory Flexibility Analysis                      availability schedule provisions to
                                                      1818; 12 U.S.C. 3904; . . .                                 Required: Yes.                                         reflect the fact that there are no longer
                                                         Abstract: Notice of proposed                               Agency Contact: Christine Graham,                    any non-local checks. The Board
                                                      rulemaking that would illustrate how                        Counsel, Federal Reserve System, Legal                 proposed to revise the model forms in
                                                      the Board of Governors of the Federal                       Division, Phone: 202 452–3005.                         appendix C that banks may use in
                                                      Reserve System (Board) would apply the                        Mark Buresh, Attorney, Federal                       disclosing their funds availability
                                                      common equity tier 1 capital                                Reserve System, Legal Division, Phone:
                                                      qualification criteria to depository                                                                               policies to their customers and to
                                                                                                                  202 452–5270.
                                                      institution holding companies that are                                                                             update the preemption determinations
                                                                                                                    Thomas R. Boemio, Manager, Federal
                                                      organized in forms other than as stock                                                                             in appendix F. Finally, the Board
                                                                                                                  Reserve System, Division of Banking
                                                      corporations (‘‘proposed rule’’). The                       Supervision and Regulation, Phone: 202                 requested comment on whether it
                                                      proposed rule discusses some of the                         452–2982.                                              should consider future changes to the
                                                      qualification criteria for common equity                      RIN: 7100–AE27                                       regulation to improve the check
                                                      tier 1 capital under Regulation Q and                                                                              collection system, such as decreasing
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      provides examples of how the Board                          536. Regulation CC—Availability of                     the time afforded to a paying bank to
                                                      would apply the criteria in specific                        Funds and Collection of Checks (Docket                 decide whether to pay a check in order
                                                      situations involving partnerships and                       No: R–1409)                                            to reduce the risk to a depositary bank
                                                      limited liability companies. In addition,                     Legal Authority: 12 U.S.C. 4001 to                   of needing to make funds available for
                                                      the proposed rule would amend                               4010; 12 U.S.C. 5001 to 5018                           withdrawal before learning whether a
                                                      Regulation Q to address unique issues                         Abstract: The Board of Governors of                  deposited check has been returned
                                                      presented by certain savings and loan                       the Federal Reserve System (the Board)                 unpaid.
                                                      holding companies that are trusts and                       proposed amendments to Regulation CC
                                                                                                                                                                           Timetable:
                                                      by depository institution holding                           to facilitate the banking industry’s


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                                                                          Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Unified Agenda                                                 78105

                                                             Action             Date           FR Cite        interim final rule for SLHCs, including               responsibility from the OTS to the
                                                                                                              a request for public comment. The                     Board. Interim final Regulation MM also
                                                      Board Requested         03/25/11      76 FR 16862       interim final rule transferred from the               reflects statutory changes made by the
                                                        Comments.                                             OTS to the Board the regulations                      Dodd-Frank Act with respect to MHCs.
                                                      Board Requested         02/04/14      79 FR 6673        necessary for the Board to supervise                  The interim final rule also made
                                                        Comments on
                                                                                                              SLHCs, with certain technical and                     technical amendments to Board rules to
                                                        Revised Pro-
                                                        posal.                                                substantive modifications. The interim                facilitate supervision of SLHCs,
                                                      Board Expects           12/00/15                        final rule has three components: (1)                  including to rules implementing
                                                        Further Action                                        New Regulation LL (part 238), which                   Community Reinvestment Act
                                                        on Subpart C.                                         sets forth regulations generally                      requirements and to Board procedural
                                                      Board Expects           09/00/16                        governing SLHCs; (2) new Regulation                   and administrative rules. In addition,
                                                        Further Action                                        MM (part 239), which sets forth                       the Board made technical amendments
                                                        on Subpart B.                                         regulations governing SLHCs in mutual                 to implement section 312(b)(2)(A) of the
                                                                                                              form; and (3) technical amendments to                 Act, which transfers to the Board all
                                                        Regulatory Flexibility Analysis                       existing Board regulations necessary to               rulemaking authority under section 11
                                                      Required: Yes.                                                                                                of the Home Owner’s Loan Act relating
                                                                                                              accommodate the transfer of supervisory
                                                        Agency Contact: Clinton Chen,
                                                                                                              authority for SLHCs from the OTS to the               to transactions with affiliates and
                                                      Attorney, Federal Reserve System, Legal
                                                                                                              Board. The structure of interim final                 extensions of credit to executive
                                                      Division, Phone: 202 452–3952.
                                                        RIN: 7100–AD68                                        Regulation LL closely follows that of the             officers, directors, and principal
                                                                                                              Board’s Regulation Y, which governs                   shareholders. These amendments
                                                      537. Regulation LL—Savings and Loan                     bank holding companies, in order to                   include revisions to parts 215 (Insider
                                                      Holding Companies and Regulation                        provide an overall structure to rules that            Transactions) and part 223
                                                      MM—Mutual Holding Companies                             were previously found in disparate                    (Transactions with Affiliates) of Board
                                                      (Docket No: R–1429)                                     locations. In many instances, interim                 regulations.
                                                        Legal Authority: 5 U.S.C. 552; 5 U.S.C.               final Regulation LL incorporated OTS                    Timetable:
                                                      559; 5 U.S.C. 1813; 5 U.S.C. 1817; 5                    regulations with only technical
                                                      U.S.C. 1828; . . .                                      modifications to account for the shift in                   Action              Date        FR Cite
                                                        Abstract: The Dodd-Frank Act Wall                     supervisory responsibility from the OTS
                                                      Street Reform and Consumer Protection                   to the Board. Interim final Regulation LL             Board Requested          09/13/11   76 FR 56508
                                                                                                                                                                      Comments.
                                                      Act (the Act) transferred responsibility                also reflects statutory changes made by               Board Expects            12/00/15
                                                      for supervision of Savings and Loan                     the Dodd-Frank Act with respect to                      Further Action.
                                                      Holding Companies (SLHCs) and their                     SLHCs, and incorporates Board
                                                      non-depository subsidiaries from the                    precedent and practices with respect to                 Regulatory Flexibility Analysis
                                                      Office of Thrift Supervision (OTS) to the               applications processing procedures and                Required: Yes.
                                                      Board of Governors of the Federal                       control issues, among other matters.
                                                                                                                                                                      Agency Contact: C. Tate Wilson,
                                                      Reserve System (Board), on July 21,                     Interim final Regulation MM organized
                                                                                                                                                                    Counsel, Federal Reserve System, Legal
                                                      2011. The Act also transferred                          existing OTS regulations governing
                                                                                                                                                                    Division, Phone: 202 452–3696.
                                                      supervisory functions related to Federal                SLHCs in mutual form (MHCs) and their
                                                      savings associations and State savings                  subsidiary holding companies into a                     Claudia Von Pervieux, Counsel,
                                                      associations to the Office of the                       single part of the Board’s regulations. In            Federal Reserve System, Legal Division,
                                                      Comptroller of the Currency (OCC) and                   many instances, interim final Regulation              Phone: 202 452–2552.
                                                      the Federal Deposit Insurance                           MM incorporated OTS regulations with                    RIN: 7100–AD80
                                                      Corporation (FDIC), respectively. The                   only technical modifications to account               [FR Doc. 2015–30675 Filed 12–14–15; 8:45 am]
                                                      Board on August 12, 2011, approved an                   for the shift in supervisory                          BILLING CODE 6210–01–P
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Document Created: 2018-03-02 09:15:10
Document Modified: 2018-03-02 09:15:10
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionUnknown Section
ActionSemiannual regulatory agenda.
DatesComments about the form or content of the agenda may be submitted anytime during the next 6 months.
ContactA staff contact for each item is indicated with the regulatory description below.
FR Citation80 FR 78104 

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