81 FR 90949 - Expanded Examination Cycle for Certain Small Insured Depository Institutions and U.S. Branches and Agencies of Foreign Banks
DEPARTMENT OF TREASURY
Office of the Comptroller of the Currency
FEDERAL RESERVE SYSTEM
FEDERAL DEPOSIT INSURANCE CORPORATION Federal Register Volume 81, Issue 242 (December 16, 2016)
Office of the Comptroller of the Currency
FEDERAL RESERVE SYSTEM
FEDERAL DEPOSIT INSURANCE CORPORATION
Federal Register Volume 81, Issue 242 (December 16, 2016)
| Page Range | 90949-90952 | |
| FR Document | 2016-30133 |
[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)] [Rules and Regulations] [Pages 90949-90952] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30133] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Rules and Regulations [[Page 90949]] DEPARTMENT OF TREASURY Office of the Comptroller of the Currency 12 CFR Part 4 [Docket ID OCC-2016-0001] RIN 1557-AE01 FEDERAL RESERVE SYSTEM 12 CFR Parts 208 and 211 [Docket No. R-1531] RIN 7100-AE45 FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Parts 337, 347, and 390 RIN 3064-AE42 Expanded Examination Cycle for Certain Small Insured Depository Institutions and U.S. Branches and Agencies of Foreign Banks AGENCY: Office of the Comptroller of the Currency (OCC), Treasury; Board of Governors of the Federal Reserve System (Board); and Federal Deposit Insurance Corporation (FDIC). ACTION: Joint final rules. ----------------------------------------------------------------------- SUMMARY: The OCC, Board, and FDIC (collectively, the agencies) are jointly adopting as final and without change the agencies' interim final rules published in the Federal Register on February 29, 2016, that implemented section 83001 of the Fixing America's Surface Transportation Act (FAST Act). Section 83001 of the FAST Act permits the agencies to conduct a full-scope, on-site examination of qualifying insured depository institutions with less than $1 billion in total assets no less than once during each 18-month period. Prior to enactment of the FAST Act, only qualifying insured depository institutions with less than $500 million in total assets were eligible for an 18-month on-site examination cycle. The final rules, like the interim final rules, generally allow well capitalized and well managed institutions with less than $1 billion in total assets to benefit from the extended 18-month examination schedule. In addition, the final rules adopt as final parallel changes to the agencies' regulations governing the on-site examination cycle for U.S. branches and agencies of foreign banks, consistent with the International Banking Act of 1978. Finally, through this rulemaking, the FDIC has integrated its regulations regarding the frequency of safety and soundness examinations for State nonmember banks and State savings associations. DATES: Effective on January 17, 2017. FOR FURTHER INFORMATION CONTACT: OCC: Deborah Katz, Assistant Director, or Melissa J. Lisenbee, Attorney, Legislative and Regulatory Activities Division, (202) 649- 5490; Scott Schainost, Midsize and Community Bank Supervision Liaison, Midsize and Community Bank Supervision, (202) 649-8173. Board: Division of Banking Supervision and Regulation--Richard Naylor, Associate Director, (202) 728-5854; Richard Watkins, Deputy Associate Director, (202) 452-3421; Virginia Gibbs, Manager, (202) 452- 2521; or Alexander Kobulsky, Supervisory Financial Analyst, (202) 452- 2031; and Legal Division--Laurie Schaffer, Associate General Counsel, (202) 452-2277; Brian Chernoff, Senior Attorney, (202) 452-2952; or Mary Watkins, Attorney, (202) 452-3722. FDIC: Thomas F. Lyons, Chief, Policy and Program Development, (202) 898-6850, Karen Jones Currie, Senior Examination Specialist, (202) 898- 3981 for the Division of Risk Management Supervision; Mark A. Mellon, Counsel, (202) 898-3884 for revisions to 12 CFR part 337; Rodney D. Ray, Counsel, (202) 898-3556 for revisions to 12 CFR part 347; Suzanne J. Dawley, Senior Attorney, (202) 898-6509 for revisions to 12 CFR part 390 for the Legal Division. SUPPLEMENTARY INFORMATION: I. Background Section 10(d) of the Federal Deposit Insurance Act (FDI Act) \1\ generally requires the appropriate Federal banking agency for an insured depository institution (IDI) to conduct a full-scope, on-site examination of the institution at least once during each 12-month period. Prior to enactment of section 83001 of the FAST Act,\2\ section 10(d)(4) of the FDI Act authorized the appropriate Federal banking agency to extend the on-site examination cycle for an IDI to at least once during an 18-month period if the IDI (1) had total assets of less than $500 million; (2) was well capitalized (as defined in 12 U.S.C. 1831o); (3) was found, at its most recent examination, to be well managed \3\ and to have a composite condition of ``outstanding'' or, in the case of an institution that has total assets of not more than $100 million, ``outstanding'' or ``good;'' (4) was not subject to a formal enforcement proceeding or order by the FDIC or its appropriate Federal banking agency; and (5) had not undergone a change in control during the previous 12-month period in which a full-scope, on-site examination otherwise would have been required. Section 10(d)(10) of the FDI Act, prior to the enactment of section 83001 of the FAST Act, also gave the agencies discretionary authority to raise the eligibility size limit for the 18-month examination cycle for otherwise qualifying IDIs with an ``outstanding'' or ``good'' composite rating from $100 million to an amount not to exceed $500 million in total assets if the agencies determined that the higher limit would be consistent with the principles of [[Page 90950]] safety and soundness.\4\ Under section 10(d)(3), the Board and the FDIC, as the appropriate Federal banking agencies for State-chartered insured banks and savings associations, are permitted to conduct on- site examinations of such IDIs on alternating 12-month or 18-month periods with the institution's State supervisor, if the Board or FDIC, as appropriate, determines that the alternating examination conducted by the State carries out the purposes of section 10(d) of the FDI Act.\5\ --------------------------------------------------------------------------- \1\ 12 U.S.C. 1820(d). Section 10(d) of the FDI Act was added by section 111 of the Federal Deposit Insurance Corporation Improvement Act of 1991. \2\ Public Law 114-94, 129 Stat. 1312 (2015). \3\ Depository institutions are evaluated under the Uniform Financial Institutions Rating System (commonly referred to as ``CAMELS''). CAMELS is an acronym that is drawn from the first letters of the individual components of the rating system: Capital adequacy, Asset quality, Management, Earnings, Liquidity, and Sensitivity to market risk. CAMELS ratings of ``1'' and ``2'' correspond with ratings of ``outstanding'' and ``good.'' In addition to having a CAMELS composite rating of ``1'' or ``2,'' an IDI is considered to be ``well managed'' for the purposes of section 10(d) of the FDI Act only if the IDI also received a rating of ``1'' or ``2'' for the management component of the CAMELS rating at its most recent examination. See 72 FR 17798 (Apr. 10, 2007). \4\ 12 U.S.C. 1820(d)(10). \5\ 12 U.S.C. 1820(d)(3). --------------------------------------------------------------------------- Section 7(c)(1)(C) of the International Banking Act (IBA) provides that a Federal or a State branch or agency of a foreign bank shall be subject to on-site examination by its appropriate Federal banking agency or State bank supervisor as frequently as a national or State bank would be subject to such an examination by the agency.\6\ The agencies previously adopted regulations to implement the examination cycle requirements of section 10(d) of the FDI Act and section 7(c)(1)(C) of the IBA, including the extended 18-month examination cycle available to qualifying small institutions and U.S. branches and agencies of foreign banks.\7\ The agencies have also exercised their discretion, under section 10(d)(10) of the FDI Act, to extend the 18- month examination cycle for otherwise qualifying institutions with ``good'' composite ratings,\8\ first, in 1997, for such institutions with total assets of $250 million or less, and, again, in 2007, for such institutions with total assets of $500 million or less.\9\ --------------------------------------------------------------------------- \6\ 12 U.S.C. 3105(c)(1)(C). \7\ See 12 CFR 4.6 and 4.7 (OCC), 12 CFR 208.64 and 211.26 (Board), 12 CFR 337.12, 347.211, and 390.351 (FDIC). \8\ Corresponding to a CAMELS or Risk management, Operational controls, Compliance, and Asset quality (ROCA) rating of ``2.'' \9\ See 62 FR 6449 (Feb. 12, 1997) (interim final rule); see also 63 FR 16377 (Apr. 2, 1998) (final rule); see also 72 FR 17798 (Apr. 10, 2007) (interim final rule); see also 72 FR 54347 (Sept. 25, 2007) (final rule). --------------------------------------------------------------------------- Section 83001 of the FAST Act, effective on December 4, 2015, amended section 10(d) of the FDI Act to raise, from $500 million to $1 billion, the total asset threshold below which an agency may apply an 18-month (rather than a 12-month) on-site examination cycle for IDIs with ``outstanding'' composite ratings, and to raise, from not more than $100 million to not more than $200 million, the total asset threshold below which an agency may apply an 18-month examination cycle to an institution with an ``outstanding'' or ``good'' composite rating.\10\ Section 83001 also amended section 10(d)(10) of the FDI Act to authorize the appropriate Federal banking agency to increase, by regulation, the maximum amount limitation for IDIs with ``outstanding'' or ``good'' composite ratings from not more than $200 million to not more than $1 billion if the appropriate Federal banking agency determines that the higher amount would be consistent with the principles of safety and soundness for IDIs.\11\ --------------------------------------------------------------------------- \10\ Public Law 114-94, 129 Stat. 1312 (2015). \11\ Id. --------------------------------------------------------------------------- These FAST Act amendments reduce regulatory burdens on small, well capitalized, and well managed institutions and allow the agencies to better focus their supervisory resources on those IDIs and U.S. branches and agencies of foreign banks that may present capital, managerial, or other issues of supervisory concern. II. Discussion of the Final Rules On February 29, 2016, the agencies published and requested comment on interim final rules to implement the amendments to section 10(d) made by section 83001 of the FAST Act.\12\ The agencies are adopting the interim final rules as final without change. In particular, the agencies are adopting as final the increase, from $500 million to $1 billion, in the total asset threshold below which an IDI that meets the criteria in section 10(d) and the agencies' rules may qualify for an 18-month, full-scope, on-site examination cycle. In addition, as authorized by section 83001 of the FAST Act, the agencies have determined that it is consistent with principles of safety and soundness to permit institutions with total assets of $200 million or greater and not exceeding $1 billion that received a composite CAMELS rating of ``1'' or ``2,'' and that meet other qualifying criteria set forth in section 10(d) and the agencies' rules, to qualify for an 18- month examination cycle. Consistent with section 7(c)(1)(C) of the IBA, the agencies also are adopting as final conforming changes to the regulations that govern the on-site examination cycle of a U.S. branch or agency of a foreign bank. These changes permit a U.S. branch or agency of a foreign bank with total assets of less than $1 billion to qualify for an 18-month examination cycle if the U.S. branch or agency of a foreign bank received a composite ROCA rating of ``1'' or ``2'' at its most recent examination and meets the other applicable criteria. --------------------------------------------------------------------------- \12\ 81 FR 10063 (Feb. 29, 2016). --------------------------------------------------------------------------- The FDIC analyzed the frequency with which institutions rated a composite CAMELS rating of ``1'' or ``2'' failed within five years, versus the frequency with which institutions rated a composite CAMELS rating of ``3,'' ``4,'' or ``5'' failed within five years. FDIC analysis indicates that between 1985 and 2011,\13\ FDIC-insured depository institutions with assets less than $1 billion and a composite CAMELS rating of ``1'' or ``2'' had a five-year failure rate that was one-seventh as high as institutions with a CAMELS rating of ``3,'' ``4,'' or ``5.'' Moreover, the relationship between failure rates in the two ratings groups did not meaningfully change when the analysis was restricted to institutions with assets between $200 million and $500 million compared to institutions with assets between $500 million to $1 billion. This analysis suggests that extending the examination cycle for well-rated institutions with $500 million to $1 billion in assets by an additional six months, combined with the agencies' off-site monitoring activities and ability to examine an institution more frequently as necessary or appropriate, is unlikely to negatively affect the safe and sound operations of qualifying institutions or the ability of the agencies to effectively supervise and protect the safety and soundness of institutions with total assets of less than $1 billion.\14\ Furthermore, the agencies note that, in order to qualify for an 18-month examination cycle, any institution with total assets of less than $1 billion--including one with a CAMELS composite rating of ``2''--must meet the other capital, managerial, and supervisory criteria set forth in section 10(d). The agencies estimate that the changes adopted by the final rules will increase the number of institutions that may qualify for an extended 18-month examination cycle by approximately 611 institutions (372 of which are supervised by the FDIC, 142 by the OCC, and 97 by the Board), bringing the total number of institutions that may qualify for an extended 18-month examination cycle to 4,793 IDIs.\15\ Approximately 89 U.S. branches and agencies of foreign banks would be eligible for the extended examination cycle based on the final rules, an increase of 30 (one of which is [[Page 90951]] supervised by the FDIC, four by the OCC, and 25 by the Board).\16\ --------------------------------------------------------------------------- \13\ A list of failed institutions can be found on the FDIC's Web site at https://www.fdic.gov/bank/individual/failed/banklist.html. \14\ The agencies continue to reserve the right in their regulations to examine an IDI or U.S. branch or agency of a foreign bank more frequently than is required by the FDI Act or IBA. See 12 CFR 4.6(c) and 4.7(c) (OCC), 12 CFR 208.64(c) and 211.26(c)(3) (Board), 12 CFR 337.12(c), 347.211(c) (FDIC), and 390.351(c). \15\ Call report data, March 31, 2016. \16\ Id. --------------------------------------------------------------------------- Finally, the FDIC is adopting as final changes made in the interim final rules to integrate its regulations regarding the frequency of safety and soundness examinations for State nonmember banks and State savings associations. Twelve CFR 390.351 was rescinded and removed because it was substantively identical to 12 CFR 337.12 and, therefore, redundant to section 12 CFR 337.12. Twelve CFR 337.12 was amended to reflect the authority of the FDIC under section 4(a) of the Home Owners' Loan Act to provide for the examination and safe and sound operation of State savings associations. State savings associations now are within the scope of 12 CFR 337.12, and, all FDIC-supervised institutions, including State savings associations, are subject to the requirements of 12 CFR 337.12. The agencies received three comment letters in response to the interim final rules. Two commenters, both industry trade groups, supported the interim final rules. Both commenters agreed that extending the examination cycle for IDIs that meet the interim final rules' criteria would not negatively affect the safe and sound operations of the institutions or the ability of the agencies to supervise them. The third commenter, an individual, did not support the interim final rules, but offered no specific reasons for that opposition. For the reasons described in this section, the agencies are adopting these rules as final without change. Effective Date The Administrative Procedure Act (APA) generally requires that a final rule be published in the Federal Register no less than 30 days before its effective date.\17\ Therefore, the final rules will become effective on January 17, 2017. The interim final rules will continue to be in effect until the final rules become effective. --------------------------------------------------------------------------- \17\ 5 U.S.C. 553(d). --------------------------------------------------------------------------- Section 302 of the Riegle Community Development and Regulatory Improvement Act of 1994 (RCDRIA) requires that each Federal banking agency, in determining the effective date and administrative compliance requirements for new regulations that impose additional reporting, disclosures, or other requirements on IDIs, consider, consistent with principles of safety and soundness and the public interest, any administrative burdens that such regulations would place on depository institutions, including small depository institutions, and customers of depository institutions, as well as the benefits of such regulations.\18\ Further, new regulations that impose additional reporting, disclosures, or other new requirements on IDIs generally must take effect on the first day of a calendar quarter that begins on or after the date on which the regulations are published in final form.\19\ The final rules adopt the interim final rules without change. The RCDRIA does not apply to the final rules because the rules do not impose any additional reporting, disclosures, or other new requirements on IDIs. --------------------------------------------------------------------------- \18\ 12 U.S.C. 4802(a). \19\ 12 U.S.C. 4802(b). --------------------------------------------------------------------------- III. Regulatory Analysis A. Plain Language Section 722 of the Gramm-Leach-Bliley Act \20\ requires the Federal banking agencies to use plain language in all proposed and final rules published after January 1, 2000. The agencies' staff believe the final rules are presented in a clear and straightforward manner and having received no comments on how to make the interim final rules easier to understand, the agencies adopt the final rules without change. --------------------------------------------------------------------------- \20\ Pub. L. 106-102, section 722, 113 Stat. 1338, 1471 (1999). --------------------------------------------------------------------------- B. Regulatory Flexibility Act Board: Regulatory Flexibility Act \21\ (RFA) requires an agency to prepare a final regulatory flexibility analysis (FRFA) when an agency promulgates a final rule, unless pursuant to section 605(b) of the RFA, the agency certifies that the final rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. In this context, small entities include banking entities with total assets less than or equal to $550 million. --------------------------------------------------------------------------- \21\ 5 U.S.C. 601 et seq. --------------------------------------------------------------------------- The final rules do not have a significant impact on a substantial number of small entities. Like the interim final rules, the final rules expand the number of institutions eligible for an extended examination cycle, thus reducing the regulatory burden associated with on-site examinations for these institutions. Further, only 22 of the 122 Board- regulated institutions affected by the final rules have assets between $500 million and $550 million and thus would be considered small entities. These 22 institutions represent a small percentage (3.3 percent) of the 657 Board-supervised institutions with total assets less than $550 million.\22\ For these reasons, the Board certifies that the final rules will not have a significant impact on a substantial number of small entities as defined in the RFA,\23\ and therefore, a regulatory flexibility analysis is not required. --------------------------------------------------------------------------- \22\ Call report data, March 31, 2016. \23\ 5 U.S.C. 601 et seq. --------------------------------------------------------------------------- FDIC: The RFA\24\ requires an agency, in connection with a notice of final rulemaking, to prepare a FRFA analysis describing the impact of the rule on small entities (defined by the Small Business Administration for the purposes of the RFA to include banking entities with total assets of $550 million or less) or to certify that the final rule will not have a significant economic impact on a substantial number of small entities. --------------------------------------------------------------------------- \24\ Id. --------------------------------------------------------------------------- The final rule does not impose any significant economic impact on a substantial number of small entities. The final rule raises the asset eligibility threshold for extended examination cycles from $500 million to $1 billion, expanding the number of qualifying institutions and U.S. branches and agencies of foreign banks, and reduces the regulatory burden associated with on-site examinations. Of the 372 FDIC-supervised institutions that could be impacted by the rule, only 71 of the FDIC- supervised institutions have total assets between $500 million and $550 million which is a very small share (2.5 percent) of the 2,817 FDIC- supervised institutions with total assets less than $550 million.\25\ For this reason, the FDIC certifies that the final rule will not have a significant economic impact on a substantial number of small entities as defined in the RFA, and therefore, a regulatory flexibility analysis is not required. --------------------------------------------------------------------------- \25\ Call report data, March 31, 2016. --------------------------------------------------------------------------- OCC: The RFA applies only to rules for which an agency publishes a general notice of proposed rulemaking pursuant to 5 U.S.C. 553(b). Consistent with section 553(b)(B) of the APA, the agencies determined for good cause that general notice and opportunity for public comment were not necessary and issued an interim final rule rather than a proposed rule. Accordingly, the RFA's requirements relating to initial and final regulatory flexibility analyses do not apply. C. Paperwork Reduction Act The Paperwork Reduction Act of 1995 \26\ states that no agency may conduct or sponsor, nor is the respondent required to respond to, an [[Page 90952]] information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. Because the final rules do not create a new, or revise an existing collection of information, no information collection submission needs to be made to OMB. --------------------------------------------------------------------------- \26\ 44 U.S.C. 3501-3521. --------------------------------------------------------------------------- D. The Economic Growth and Regulatory Paperwork Reduction Act Under section 2222 of the Economic Growth and Regulatory Paperwork Reduction Act of 1996 (EGRPRA),\27\ the agencies are required to conduct a review at least once every 10 years to identify any outdated or otherwise unnecessary regulations. The agencies completed the last comprehensive review of their regulations under EGRPRA in 2006 and are currently conducting the next decennial review. The burden reduction evidenced in these final rules is consistent with the objectives of the EGRPRA review process. --------------------------------------------------------------------------- \27\ Public Law 104-208, 110 Stat. 3309 (1996). --------------------------------------------------------------------------- Authority and Issuance 0 For the reasons set forth in the joint preamble, the interim rule published on February 29, 2016 at 81 FR 10063, is adopted as final without change. Dated: October 19, 2016. Thomas J. Curry, Comptroller of the Currency. Board of Governors of the Federal Reserve System, December 6, 2016. Robert deV. Frierson, Secretary of the Board. Dated at Washington, DC, this 19th day of October 2016. By order of the Board of Directors. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary. [FR Doc. 2016-30133 Filed 12-15-16; 8:45 am] BILLING CODE 4810-33-P 6210-01-P 6714-01-P
![90949
Rules and Regulations Federal Register
Vol. 81, No. 242
Friday, December 16, 2016
This section of the FEDERAL REGISTER institutions with less than $500 million I. Background
contains regulatory documents having general in total assets were eligible for an 18-
applicability and legal effect, most of which month on-site examination cycle. The Section 10(d) of the Federal Deposit
are keyed to and codified in the Code of
final rules, like the interim final rules, Insurance Act (FDI Act) 1 generally
Federal Regulations, which is published under requires the appropriate Federal
50 titles pursuant to 44 U.S.C. 1510. generally allow well capitalized and
well managed institutions with less than banking agency for an insured
The Code of Federal Regulations is sold by $1 billion in total assets to benefit from depository institution (IDI) to conduct a
the Superintendent of Documents. Prices of full-scope, on-site examination of the
the extended 18-month examination
new books are listed in the first FEDERAL institution at least once during each 12-
schedule. In addition, the final rules
REGISTER issue of each week. month period. Prior to enactment of
adopt as final parallel changes to the
section 83001 of the FAST Act,2 section
agencies’ regulations governing the on-
10(d)(4) of the FDI Act authorized the
DEPARTMENT OF TREASURY site examination cycle for U.S. branches
appropriate Federal banking agency to
and agencies of foreign banks,
extend the on-site examination cycle for
Office of the Comptroller of the consistent with the International an IDI to at least once during an 18-
Currency Banking Act of 1978. Finally, through month period if the IDI (1) had total
this rulemaking, the FDIC has integrated assets of less than $500 million; (2) was
12 CFR Part 4 its regulations regarding the frequency well capitalized (as defined in 12 U.S.C.
[Docket ID OCC–2016–0001]
of safety and soundness examinations 1831o); (3) was found, at its most recent
for State nonmember banks and State examination, to be well managed 3 and
RIN 1557–AE01 savings associations. to have a composite condition of
FEDERAL RESERVE SYSTEM DATES: Effective on January 17, 2017. ‘‘outstanding’’ or, in the case of an
institution that has total assets of not
FOR FURTHER INFORMATION CONTACT: more than $100 million, ‘‘outstanding’’
12 CFR Parts 208 and 211
OCC: Deborah Katz, Assistant or ‘‘good;’’ (4) was not subject to a
[Docket No. R–1531] Director, or Melissa J. Lisenbee, formal enforcement proceeding or order
RIN 7100–AE45 Attorney, Legislative and Regulatory by the FDIC or its appropriate Federal
Activities Division, (202) 649–5490; banking agency; and (5) had not
FEDERAL DEPOSIT INSURANCE Scott Schainost, Midsize and undergone a change in control during
CORPORATION Community Bank Supervision Liaison, the previous 12-month period in which
Midsize and Community Bank a full-scope, on-site examination
12 CFR Parts 337, 347, and 390 Supervision, (202) 649–8173. otherwise would have been required.
RIN 3064–AE42 Board: Division of Banking Section 10(d)(10) of the FDI Act, prior
Supervision and Regulation—Richard to the enactment of section 83001 of the
Expanded Examination Cycle for Naylor, Associate Director, (202) 728– FAST Act, also gave the agencies
Certain Small Insured Depository discretionary authority to raise the
5854; Richard Watkins, Deputy
Institutions and U.S. Branches and eligibility size limit for the 18-month
Associate Director, (202) 452–3421;
Agencies of Foreign Banks examination cycle for otherwise
Virginia Gibbs, Manager, (202) 452–
qualifying IDIs with an ‘‘outstanding’’ or
AGENCY: Office of the Comptroller of the 2521; or Alexander Kobulsky,
‘‘good’’ composite rating from $100
Currency (OCC), Treasury; Board of Supervisory Financial Analyst, (202)
million to an amount not to exceed $500
Governors of the Federal Reserve 452–2031; and Legal Division—Laurie million in total assets if the agencies
System (Board); and Federal Deposit Schaffer, Associate General Counsel, determined that the higher limit would
Insurance Corporation (FDIC). (202) 452–2277; Brian Chernoff, Senior be consistent with the principles of
ACTION: Joint final rules. Attorney, (202) 452–2952; or Mary
Watkins, Attorney, (202) 452–3722. 1 12 U.S.C. 1820(d). Section 10(d) of the FDI Act
SUMMARY: The OCC, Board, and FDIC
FDIC: Thomas F. Lyons, Chief, Policy was added by section 111 of the Federal Deposit
(collectively, the agencies) are jointly Insurance Corporation Improvement Act of 1991.
adopting as final and without change and Program Development, (202) 898– 2 Public Law 114–94, 129 Stat. 1312 (2015).
the agencies’ interim final rules 6850, Karen Jones Currie, Senior 3 Depository institutions are evaluated under the
published in the Federal Register on Examination Specialist, (202) 898–3981 Uniform Financial Institutions Rating System
February 29, 2016, that implemented for the Division of Risk Management (commonly referred to as ‘‘CAMELS’’). CAMELS is
Supervision; Mark A. Mellon, Counsel, an acronym that is drawn from the first letters of
section 83001 of the Fixing America’s the individual components of the rating system:
Surface Transportation Act (FAST Act). (202) 898–3884 for revisions to 12 CFR Capital adequacy, Asset quality, Management,
asabaliauskas on DSK3SPTVN1PROD with RULES
Section 83001 of the FAST Act permits part 337; Rodney D. Ray, Counsel, (202) Earnings, Liquidity, and Sensitivity to market risk.
898–3556 for revisions to 12 CFR part CAMELS ratings of ‘‘1’’ and ‘‘2’’ correspond with
the agencies to conduct a full-scope, on- ratings of ‘‘outstanding’’ and ‘‘good.’’ In addition to
site examination of qualifying insured 347; Suzanne J. Dawley, Senior having a CAMELS composite rating of ‘‘1’’ or ‘‘2,’’
depository institutions with less than $1 Attorney, (202) 898–6509 for revisions an IDI is considered to be ‘‘well managed’’ for the
billion in total assets no less than once to 12 CFR part 390 for the Legal purposes of section 10(d) of the FDI Act only if the
IDI also received a rating of ‘‘1’’ or ‘‘2’’ for the
during each 18-month period. Prior to Division. management component of the CAMELS rating at
enactment of the FAST Act, only its most recent examination. See 72 FR 17798 (Apr.
qualifying insured depository SUPPLEMENTARY INFORMATION: 10, 2007).
VerDate Sep<11>2014 17:15 Dec 15, 2016 Jkt 241001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1](https://thefederalregister.org/doc/81_FR_91191/page/1.svg)
![90952 Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / Rules and Regulations
information collection unless it displays capital surcharges for U.S.-based global Board.1 These standards must include
a currently valid Office of Management systemically important bank holding risk-based capital requirements as well
and Budget (OMB) control number. companies (GSIB surcharge rule). The as other enumerated standards.
Because the final rules do not create a final rule modifies the GSIB surcharge Pursuant to section 165 of the Dodd-
new, or revise an existing collection of rule to provide that a bank holding Frank Act, the Board adopted a rule
information, no information collection company subject to the rule should regarding risk-based capital surcharges
submission needs to be made to OMB. continue to calculate its method 1 score for U.S.-based global systemically
D. The Economic Growth and and method 2 score under the rule important bank holding companies
Regulatory Paperwork Reduction Act annually using data reported on the (GSIB surcharge rule) in July 2015 to
firm’s Banking Organization Systemic impose a risk-based-capital surcharge on
Under section 2222 of the Economic Risk Report (FR Y–15) as of December bank holding companies identified
Growth and Regulatory Paperwork 31 of the previous calendar year. In under the rule as global systemically
Reduction Act of 1996 (EGRPRA),27 the addition, the final rule clarifies that a important bank holding companies
agencies are required to conduct a bank holding company subject to the (GSIBs).2 In April 2016, the Board
review at least once every 10 years to GSIB surcharge rule must calculate its invited public comment on a notice of
identify any outdated or otherwise method 2 score using systemic indicator proposed rulemaking (proposal or
unnecessary regulations. The agencies amounts expressed in billions of dollars.
completed the last comprehensive proposed rule) to make clarifying
DATES: The final rule is effective January revisions to the Board’s GSIB surcharge
review of their regulations under
17, 2017. rule.3 The Board now is issuing a final
EGRPRA in 2006 and are currently
conducting the next decennial review. FOR FURTHER INFORMATION CONTACT: rule implementing the proposal without
The burden reduction evidenced in Anna Lee Hewko, Associate Director, change (final rule).
these final rules is consistent with the (202) 530–6260, Constance M. Horsley,
Assistant Director, (202) 452–5239, II. Background
objectives of the EGRPRA review
process. Elizabeth MacDonald, Manager, (202) The GSIB surcharge rule works to
475–6316, or Sean Healey, Supervisory mitigate the potential risk that the
Authority and Issuance Financial Analyst, (202) 912–4611, material financial distress or failure of a
■ For the reasons set forth in the joint Division of Banking Supervision and GSIB could pose to U.S. financial
preamble, the interim rule published on Regulation; or Benjamin McDonough, stability by increasing the stringency of
February 29, 2016 at 81 FR 10063, is Special Counsel, (202) 452–2036, Mark capital standards for GSIBs, thereby
adopted as final without change. Buresh, Senior Attorney, (202) 452– increasing the resiliency of these firms.
5270, or Mary Watkins, Attorney, (202) The GSIB surcharge rule establishes a
Dated: October 19, 2016. 452–3722, Legal Division. Board of
Thomas J. Curry, methodology to identify whether a U.S.
Governors of the Federal Reserve
Comptroller of the Currency. top-tier bank holding company is a GSIB
System, 20th and C Streets NW.,
and imposes a risk-based capital
Board of Governors of the Federal Reserve Washington, DC 20551. For the hearing
surcharge on such an institution. The
System, December 6, 2016. impaired only, Telecommunications
GSIB surcharge rule takes into
Robert deV. Frierson, Device for the Deaf (TDD) users may
contact (202) 263–4869. consideration the nature, scope, size,
Secretary of the Board. scale, concentration,
Dated at Washington, DC, this 19th day of SUPPLEMENTARY INFORMATION:
interconnectedness, and mix of
October 2016. activities of each company subject to the
Table of Contents
By order of the Board of Directors. rule in its methodology for determining
Federal Deposit Insurance Corporation. I. Introduction
II. Background whether the company is a GSIB and the
Robert E. Feldman, III. Description of the Final Rule size of the surcharge. These factors are
Executive Secretary. A. Revisions Related to FR Y–15 Reporting captured in the GSIB surcharge rule’s
[FR Doc. 2016–30133 Filed 12–15–16; 8:45 am] Frequency method 1 and method 2 scores, which
BILLING CODE 4810–33–P 6210–01–P 6714–01–P B. Revision To Clarify the Method 2 Score use quantitative metrics reported on the
Calculation FR Y–15 reporting form to measure a
C. Comment Received on the Proposed firm’s systemic footprint.
FEDERAL RESERVE SYSTEM Rule
V. Regulatory Analysis Specifically, the GSIB surcharge rule
12 CFR Part 217 Regulation Q A. Paperwork Reduction Act requires each U.S. bank holding
B. Regulatory Flexibility Analysis company that qualifies as an advanced
[Docket No. R–1535; RIN 7100 AE–49] C. Riegle Community Development and approaches institution under the
Regulatory Improvement Act of 1994 Board’s capital rules to calculate an
Regulatory Capital Rules: D. Plain Language
aggregate systemic indicator score based
Implementation of Capital
Requirements for Global Systemically I. Introduction on five indicators of systemic
importance (method 1 score).4 A bank
Important Bank Holding Companies Section 165 of the Dodd-Frank Wall
Street Reform and Consumer Protection holding company whose method 1 score
AGENCY: Board of Governors of the exceeds a defined threshold is identified
Act (Dodd-Frank Act) authorizes the
Federal Reserve System. as a GSIB. Advanced approaches
asabaliauskas on DSK3SPTVN1PROD with RULES
Board of Governors of the Federal
ACTION: Final rule.
Reserve System (Board) to establish institutions must calculate their method
enhanced prudential standards for bank 1 scores on an annual basis using data
SUMMARY: The Board of Governors of the
Federal Reserve System (Board) is holding companies with $50 billion or
1 See, 12 U.S.C. 5365.
adopting a final rule to make several more in total consolidated assets and for 2 80 FR 49082 (August 14, 2015).
revisions to its rule regarding risk-based nonbank financial companies that the 3 81 FR 20579 (April 8, 2016).
Financial Stability Oversight Council 4 See, 12 CFR 217.100(b)(1); 12 CFR part 217,
27 Public Law 104–208, 110 Stat. 3309 (1996). has designated for supervision by the subpart H.
VerDate Sep<11>2014 17:15 Dec 15, 2016 Jkt 241001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\16DER1.SGM 16DER1](https://thefederalregister.org/doc/81_FR_91191/page/4.svg)
Document Created: 2018-02-14 09:07:45
Document Modified: 2018-02-14 09:07:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Joint final rules. | |
| Dates | Effective on January 17, 2017. | |
| Contact | OCC: Deborah Katz, Assistant Director, or Melissa J. Lisenbee, Attorney, Legislative and Regulatory Activities Division, (202) 649- 5490; Scott Schainost, Midsize and Community Bank Supervision Liaison, Midsize and Community Bank Supervision, (202) 649-8173. | |
| FR Citation | 81 FR 90949 | |
| RIN Number | 1557-AE01, 7100-AE45 and 3064-AE42 | |
| CFR Citation | 12
CFR
208 12 CFR 211 12 CFR 337 12 CFR 347 12 CFR 390 12 CFR 4 |
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