[Federal Register Volume 79, Number 4 (Tuesday, January 7, 2014)]
[Proposed Rules]
[Pages 1282-1289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29649]
[[Page 1281]]
Vol. 79
Tuesday,
No. 4
January 7, 2014
Part XXIII
Federal Deposit Insurance Corporation
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Semiannual Regulatory Agenda
Federal Register / Vol. 79 , No. 4 / Tuesday, January 7, 2014 /
Unified Agenda
[[Page 1282]]
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FEDERAL DEPOSIT INSURANCE CORPORATION
12 CFR Ch. III
Semiannual Agenda of Regulations
AGENCY: Federal Deposit Insurance Corporation.
ACTION: Semiannual regulatory agenda.
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SUMMARY: The Federal Deposit Insurance Corporation (``FDIC'') is hereby
publishing items for the fall 2013 Unified Agenda of Federal Regulatory
and Deregulatory Actions. The agenda contains information about FDIC's
current and projected rulemakings, existing regulations under review,
and completed rulemakings.
FOR FURTHER INFORMATION CONTACT: Robert E. Feldman, Executive
Secretary, Federal Deposit Insurance Corporation, 550 17th Street NW.,
Washington, DC 20429.
SUPPLEMENTARY INFORMATION: Twice each year, the FDIC publishes an
agenda of regulations to inform the public of its regulatory actions
and to enhance public participation in the rulemaking process.
Publication of the agenda is in accordance with the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.). The FDIC amends its regulations
under the general rulemaking authority prescribed in section 9 of the
Federal Deposit Insurance Act (12 U.S.C. 1819) and under specific
authority granted by the Act and other statutes.
Proposed Rules
Regulatory Capital Rules: Regulatory Capital, Enhanced Supplementary
Leverage Ratio Standards for Certain Bank Holding Companies and their
Subsidiary Insured Depository Institutions (3064-AE01)
The Office of the Comptroller of the Currency, the Board of
Governors of the Federal Reserve System (``Board''), and the Federal
Deposit Insurance Corporation (``FDIC'') (collectively, ``the
agencies'') are seeking comment on a notice of proposed rulemaking
(``proposal'') that would strengthen the agencies' leverage ratio
standards for large, interconnected U.S. banking organizations. The
proposal would apply to any U.S. top-tier bank holding company
(``BHC'') with at least $700 billion in total consolidated assets or at
least $10 trillion in assets under custody (``covered BHC'') and any
insured depository institution subsidiary of these BHCs. In the revised
capital regulations adopted by the agencies (``2013 rule''), the
agencies established a minimum supplementary leverage ratio of 3
percent (``supplementary leverage ratio''), consistent with the minimum
leverage ratio adopted by the Basel Committee on Banking Supervision,
for banking organizations subject to the advanced approaches risk-based
capital rules. In this proposal, the agencies are proposing to
establish a ``well capitalized'' threshold of 6 percent for the
supplementary leverage ratio for any insured depository institution
that is a subsidiary of a covered BHC, under the agencies' prompt
corrective action framework. The Board also proposes to establish a new
leverage buffer for covered BHCs above the minimum supplementary
leverage ratio requirement of 3 percent (leverage buffer). The leverage
buffer would function like the capital conservation buffer for the
risk-based capital ratios in the 2013 rule. A covered BHC that
maintains a leverage buffer of tier 1 capital in an amount greater than
2 percent of its total leverage exposure would not be subject to
limitations on distributions and discretionary bonus payments. The
proposal would take effect beginning on January 1, 2018. The agencies
are seeking comment on all aspects of this proposal.
Removal of Transferred OTS Regulations Regarding Prompt Corrective
Action and Modifications to Existing Federal Deposit Insurance
Regulations (3064-AE02)
The Federal Deposit Insurance Corporation (``FDIC'') will be
proposing to rescind and remove from the Code of Federal Regulations 12
CFR Part 390, Subpart Y, entitled Prompt Corrective Action (``PCA'').
This subpart was included in the regulations that were transferred to
the FDIC from the Office of Thrift Supervision (``OTS'') on July 21,
2011, in connection with the implementation of applicable provisions of
Title III of the Dodd-Frank Wall Street Reform and Consumer Protection
Act. Upon removal of 12 CFR Part 390, Subpart Y, the PCA regulations
applicable for all insured depository institutions for which the FDIC
has been designated the appropriate federal banking agency will be
found at 12 CFR Part 325, Subpart B, entitled Prompt Corrective Action,
12 CFR 325.2, entitled Definitions, and 12 CFR Part 308, Subpart Q,
entitled Issuance and Review of Orders Pursuant to the Prompt
Corrective Action Provisions of the Federal Deposit Insurance Act Rules
(``FDIC PCA Rules'').
Loans in Areas Having Special Flood Hazards (3064-AE03)
The Office of the Comptroller of the Currency (``OCC''), Board of
Governors of the Federal Reserve System, Federal Deposit Insurance
Corporation (``FDIC''), the Farm Credit Administration, and the
National Credit Union Administration (collectively, ``the Agencies'')
will be proposing to amend their regulations regarding loans in areas
having special flood hazards to implement provisions of the Biggert-
Waters Flood Insurance Reform Act of 2012. Specifically, the proposal
would establish requirements with respect to the escrow of flood
insurance payments, the acceptance of private flood insurance coverage,
and the force-placement of flood insurance. The proposal also would
clarify the Agencies' flood insurance regulations with respect to other
amendments made by the Act and make technical corrections. Furthermore,
the OCC and the FDIC are proposing to integrate their flood insurance
regulations for national banks and Federal savings associations and for
State non-member banks and State savings associations, respectively.
Liquidity Coverage Ratio: Liquidity Risk Standards, Minimums,
Monitoring, and Transition Provisions (3064-AE04)
The Office of the Comptroller of the Currency, the Board of
Governors of the Federal Reserve System, and the Federal Deposit
Insurance Corporation will be requesting comment on proposed rules that
would implement a quantitative liquidity requirement consistent with
the liquidity coverage ratio standard established by the Basel
Committee on Banking Supervision. The proposed rule would apply to all
banking organizations that are subject to, or have elected to use, the
agencies' advanced approaches risk-based capital rules (advanced
approaches banking organizations) and subsidiary depository
institutions of advanced approaches banking organizations with $10
billion or more in total consolidated assets. The requirement is
designed to promote improvements in the measurement and management of
asset- and funding-liquidity risk.
Restrictions on Sales of Assets by the Federal Deposit Insurance
Corporation as Receiver for a Covered Financial Company (3064-AE05)
The Federal Deposit Insurance Corporation (``FDIC'' or the
``Corporation'') is proposing to issue a rule (``proposed rule'')
implementing section 210(r) of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (``Section 210(r)'' of the ``Dodd-Frank Act''),
12 U.S.C 5390(r). Under Section 210(r), individuals or entities that
have, or may have contributed to the failure of a ``covered financial
[[Page 1283]]
company'' (as defined in section 201(a)(8) of the Dodd-Frank Act, 12
U.S.C. 5381(a)(8) and in 12 CFR 380.1) cannot buy a covered financial
company's assets from the FDIC. This proposed rule establishes a self-
certification process that is a prerequisite to the purchase of assets
from the FDIC as receiver for a covered financial company.
Final Rules
Margin and Capital Requirements for Covered Swap Entities (3064-AD79)
The Office of the Comptroller of the Currency, the Board of
Governors of the Federal Reserve System, the Federal Deposit Insurance
Corporation, the Farm Credit Administration and the Federal Housing
Finance Agency (collectively the ``agencies'') reopened the comment
period on the proposed rule published in the Federal Register on May
11, 2011, (76 FR 27564), to establish minimum margin and capital
requirements for uncleared swaps and security-based swaps entered into
by swap dealers, major swap participants, security based swap dealers,
and major security-based swap participants for which one of the
Agencies is the prudential regulator (Proposed Margin Rule). Reopening
the comment period that expired on July 11, 2011, allowed interested
persons additional time to analyze and comment on the Proposed Margin
Rule in light of the consultative document on margin requirements for
non-centrally-cleared derivatives recently published for comment by the
Basel Committee on Banking Supervision and the International
Organization of Securities Commissions.
Prohibitions and Restrictions on Proprietary Trading and Certain
Interests in, and Relationships With, Hedge Funds and Private Equity
Funds (3064-AD85)
On November 7, 2011, the Office of the Comptroller of the Currency,
the Board of Governors of the Federal Reserve System, the Federal
Deposit Insurance Corporation and U.S. Securities and Exchange
Commission (collectively, the ``Agencies'') published in the Federal
Register a joint notice of proposed rulemaking for public comment to
implement section 619 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (``Dodd-Frank Act'') which contains certain prohibitions
and restrictions on the ability of a banking entity and nonbank
financial company supervised by the Board to engage in proprietary
trading and have certain interests in, or relationships with, a hedge
fund or private equity fund. Due to the complexity of the issues
involved and to facilitate coordination of the rulemaking among the
responsible agencies as provided in section 619 of the Dodd-Frank Act,
the Agencies have determined that an extension of the comment period
was appropriate. This action allowed interested persons additional time
to analyze the proposed rules and prepare their comments.
Incentive-Based Compensation Arrangements (3064-AD86)
The Office of the Comptroller of the Currency, the Board of
Governors of the Federal Reserve System, the Federal Deposit Insurance
Corporation, the National Credit Union Administration, the U.S.
Securities Exchange Commission, and the Fair Housing Finance Agency
proposed a rule to implement section 956 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act. The rule would require the
reporting of incentive-based compensation arrangements by a covered
financial institution and prohibit incentive-based compensation
arrangements at a covered financial institution that provide excessive
compensation or that could expose the institution to inappropriate
risks that could lead to material financial loss.
Regulatory Capital Rules: Regulatory Capital, Implementation of Basel
III Capital Adequacy, Transition Provisions, Prompt Corrective Action,
Standardize Approach for Risk-Weighted Assets, Market Discipline and
Disclosure Requirements, Advanced Approaches Risk-Based Capital Rule,
and Market Risk Capital Rule (3064-AD95)
The Federal Deposit Insurance Corporation (``FDIC'') is adopting an
interim final rule that revises its risk-based and leverage capital
requirements for FDIC-supervised institutions. This interim final rule
is substantially identical to a joint final rule issued by the Office
of the Comptroller of the Currency and the Board of Governors of the
Federal Reserve System (together, with the FDIC, ``the agencies''). The
interim final rule consolidates three separate notices of proposed
rulemaking that the agencies jointly published in the Federal Register
on August 30, 2012, with selected changes. The interim final rule
implements a revised definition of regulatory capital, a new common
equity tier 1 minimum capital requirement, higher minimum tier 1
capital requirement, and, for FDIC-supervised institutions subject to
the advanced approaches risk-based capital rules, a supplementary
leverage ratio that incorporates a broader set of exposures in the
denominator. The interim final rule incorporates these new requirements
into the FDIC's prompt corrective action framework. In addition, the
interim final rule establishes limits on FDIC-supervised institutions'
capital distributions and certain discretionary bonus payments if the
FDIC-supervised institution does not hold a specified amount of common
equity tier 1 capital in addition to the amount necessary to meet its
minimum risk-based capital requirements. The interim final rule amends
the methodologies for determining risk-weighted assets for all FDIC-
supervised institutions. The interim final rule also adopts changes to
the FDIC's regulatory capital requirements that meet the requirements
of section 171 and section 939A of the Dodd-Frank Wall Street Reform
and Consumer Protection Act. The interim final rule also codifies the
FDIC's regulatory capital rules, which have previously resided in
various appendices to their respective regulations, into a harmonized
integrated regulatory framework.
Restrictions on Post-Employment Activities of Senior Examiners (3064-
AD98)
The Federal Deposit Insurance Corporation (``FDIC'') proposed to
rescind and remove from the Code of Federal Regulations 12 CFR Part
390, Subpart A, entitled Restrictions on Post-Employment Activities of
Senior Examiners. This subpart was included in the regulations that
were transferred to the FDIC from the Office of Thrift Supervision on
July 21, 2011, in connection with the implementation of applicable
provisions of Title III of the Dodd-Frank Wall Street Reform and
Consumer Protection Act. Upon removal of 12 CFR Part 390 Subpart A, the
restrictions for post-employment activities of senior examiners of all
insured depository institutions for which the FDIC has been designated
the appropriate federal banking agency will be found at 12 CFR Part
336, Subpart C, entitled One-Year Restriction on Post-Employment
Activities of Senior Examiners. The rule would not change 12 CFR Part
336, Subpart C. This rule also proposed to revise 12 CFR Part 336,
Subpart B by deleting a reference to the ``Office of Thrift
Supervision'' in the definition of ``Federal banking agency'' described
in Part 336.3(e) and adding the words ``predecessors or'' in front of
the word ``successors''.
[[Page 1284]]
Removal of Transferred OTS Regulations Regarding Recordkeeping and
Confirmation Requirements for Securities Transactions Effected by State
Savings Associations (3064-AE06)
The Federal Deposit Insurance Corporation (``FDIC'') is proposing
to rescind and remove from the Code of Federal Regulations 12 CFR part
390, subpart K (``Part 390, Subpart K''), entitled ``Recordkeeping and
Confirmation Requirements for Securities Transactions.'' This subpart
was included in the regulations that were transferred to the FDIC from
the Office of Thrift Supervision on July 21, 2011, in connection with
the implementation of applicable provisions of Title III of the Dodd-
Frank Wall Street Reform and Consumer Protection Act. With few
exceptions, the requirements for State savings associations in Part
390, Subpart K are substantively similar to those in FDIC's 12 CFR part
344 (``Part 344''), which also is entitled ``Recordkeeping and
Confirmation Requirements for Securities Transactions'' and is
applicable to State nonmember insured banks and foreign banks having an
insured branch. The FDIC proposed to amend section 344.3 of Part 344 to
remove the definition of ``bank,'' and add the definition of ``FDIC-
supervised institution'' for purposes of clarifying that Part 344
applies to all insured depository institutions, including State savings
associations, for which the FDIC is the appropriate Federal banking
agency. This defined word and its plural form would replace ``bank,''
``banks,'' ``state nonmember insured bank (except a District bank),''
and ``foreign bank having an insured branch'' throughout Part 344. The
FDIC also proposed to amend section 344.2(a)(1) of Part 344 to increase
the number of transactions, from 200 to 500, that all FDIC-supervised
institutions may effect on behalf of customers under the small
transaction exception from certain of the recordkeeping requirements
(``Small Transaction Exception'').
Long Term Actions
Credit Risk Retention (3064-AD74)
The Office of the Comptroller of the Currency, the Board of
Governors of the Federal Reserve System, the Federal Deposit Insurance
Corporation, the Federal Housing Finance Agency and the Department of
Housing and Urban Development (collectively the ``agencies'') are
seeking comment on a joint proposed rule to revise the proposed rule
the agencies published in the Federal Register on April 29, 2011, and
to implement the credit risk retention requirements of section 15G of
the Securities Exchange Act of 1934 (15 U.S.C. 78o-11), as added by
section 941 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act. Section 15G generally requires the securitizer of
asset-backed securities to retain not less than 5 percent of the credit
risk of the assets collateralizing the asset-backed securities. Section
15G includes a variety of exemptions from these requirements, including
an exemption for asset-backed securities that are collateralized
exclusively by residential mortgages that qualify as ``qualified
residential mortgages,'' as such term is defined by the agencies by
rule.
Completed Actions
Regulatory Capital Rules (Part III): Standardized Approach for Risk-
Weighted Assets; Market Discipline and Disclosure Requirements (3064-
AD96)
On August 30, 2012, the FDIC, together with the Board of Governors
of the Federal Reserve System and Office of the Comptroller of the
Currency (together, ``the agencies'') published in the Federal Register
a joint notice of proposed rulemaking, titled, Regulatory Capital
Rules: Standardized Approach for Risk-Weighted Assets; Market
Discipline and Disclosure Requirements'' (Standardized Approach NPR or
Proposed Rule). The Rule revised and harmonized the agencies' rules for
calculating risk weighted assets to enhance risk sensitivity and
address weaknesses identified over recent years, including by
incorporating certain international capital standards of the Basel
Committee on Banking Supervision (``BCBS'') set forth in the
standardized approach of the international accord titled,
``International Convergency of Capital Measurement and Capital
Standards: A Revised Framework'', as revised by the BCBS in 2006 and
2009, as well as other proposals set forth in consultative papers of
the BCBS. Section 3(a) of the Regulatory Flexibility Act directs all
federal agencies to publish an initial regulatory flexibility analysis,
or a summary thereof, describing the impact of a proposed rule on small
entities anytime an agency is required to publish a notice of proposed
rulemaking in the Federal Register. This Rule has now been merged into
3064-AD95: Regulatory Capital Rules: Regulatory Capital, Implementation
of Basel III Capital Adequacy, Transition Provisions, Prompt Corrective
Action, Standardize Approach for Risk-Weighted Assets, Market
Discipline and Disclosure Requirements, Advanced Approaches Risk-Based
Capital Rule, and Market Risk Capital Rule.
Regulatory Capital Rules: Advanced Approaches Risk-Based Capital Rules;
Market Risk Capital Rule (3064-AD97)
The Office of the Comptroller of the Currency, the Board of
Governors of the Federal Reserve System, and the Federal Deposit
Insurance Corporation (collectively, the ``Agencies'') are seeking
comment on three notices of proposed rulemaking (``NPRMs'') that would
revise and replace the Agencies' current capital rules. In the NPRM
(Advanced Approaches and Market Risk NPR) the Agencies are proposing to
revise the advanced approaches risk-based capital rule to incorporate
certain aspects of ``Basel III: A Global Regulatory Framework for More
Resilient Banks and Banking Systems'' that the agencies would apply
only to advanced approach banking organizations. The NPRM also proposes
other changes to the advanced approaches rule that the agencies believe
are consistent with changes by the Basel Committee on Banking
Supervision (``BCBS'') to its ``International Convergence of Capital
Measurement and Capital Standards: A Revised Framework'' (Basel II), as
revised by the BCBS between 2006 and 2009, and recent consultative
papers published by the BCBS. The Agencies also propose to revise the
advanced approaches risk-based capital rule to be consistent with Dodd-
Frank Wall Street Reform and Consumer Protection Act of 2010 (the
``Dodd-Frank Act''). These revisions include replacing reference to
credit ratings with alternative standards of creditworthiness
consistent with section 939A of the Dodd-Frank Act. This Rule has now
been merged into 3064-AD95: Regulatory Capital Rules: Regulatory
Capital, Implementation of Basel III Capital Adequacy, Transition
Provisions, Prompt Corrective Action, Standardize Approach for Risk-
Weighted Assets, Market Discipline and Disclosure Requirements,
Advanced Approaches Risk-Based Capital Rule, and Market Risk Capital
Rule.
Records of Failed Insured Depository Institutions (3064-AD99)
The Federal Deposit Insurance Corporation adopted a final rule that
implements section 11(d)(15)(D) of the Federal Deposit Insurance Act
(12 U.S.C. 1821(d)(15)(D)). This statutory provision provides time
frames for the retention of records of a failed insured depository
institution. The final rule incorporates the statutory time frames and
defines the term ``records.''
[[Page 1285]]
Deposit Insurance Regulations; Definition of Insured Deposit (3064-
AE00)
The Federal Deposit Insurance Corporation (``FDIC'') adopted a
final rule that amends its deposit insurance regulations, with respect
to deposits in foreign branches of United States insured depository
institutions (``United States bank'' or ``bank'') outside of the United
States. The final rule clarifies that deposits in branches of U.S.
banks located outside the United States banks are not FDIC insured
deposits. This would be the case even if they are also payable at an
office within the United States (``dual payability''). As discussed
further, a pending proposal by the United Kingdom's Prudential
Regulation Authority (``U.K. PRA''), formerly known as the Financial
Services Authority, has made it more likely that large United States
will change their United Kingdom foreign branch deposit agreements to
make their U.K. deposits payable both in the United Kingdom and the
United States. This action has the potential to expose the Deposit
Insurance Fund (``DIF'') to expanded deposit insurance liability and
create operational complexities if these types of deposits were treated
as insured. The purpose of the final rule is to protect the DIF against
the liability that it would otherwise face as a potential global
deposit insurer, preserve confidence in the FDIC deposit insurance
system, and ensure that the FDIC can effectively carry out its critical
deposit insurance functions.
Federal Deposit Insurance Corporation.
Valerie Best,
Assistant Executive Secretary.
Federal Deposit Insurance Corporation--Final Rule Stage
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Regulation
Sequence No. Title Identifier No.
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541....................... 12 CFR 324 Regulatory 3064-AD95
Capital Rules: Regulatory
Capital, Implementation
of Basel III Capital
Adequacy, Transition
Provisions, Prompt
Corrective Action,
Standardize Approach for
Risk-Weighted Assets.
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Federal Deposit Insurance Corporation--Completed Actions
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Regulation
Sequence No. Title Identifier No.
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542....................... 12 CFR 342 Recordkeeping 3064-AD80
Rules for Institutions
Operating Under the
Exceptions or Exemptions
for Banks From the
Definitions of ``Broker''
or ``Dealer'' in the
Securities Exchange Act
of 1934.
543....................... 12 CFR 324 Regulatory 3064-AD96
Capital Rules:
Standardized Approach for
Risk-Weighted Assets;
Market Discipline and
Disclosure Requirements.
544....................... 12 CFR 324 Regulatory 3064-AD97
Capital Rules: Advanced
Approaches Risk-Based
Capital Rules; Market
Risk Capital Rule.
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FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC)
Final Rule Stage
541. Regulatory Capital Rules: Regulatory Capital, Implementation of
Basel III Capital Adequacy, Transition Provisions, Prompt Corrective
Action, Standardize Approach for Risk-Weighted Assets
Legal Authority: 12 U.S.C. 378; 12 U.S.C. 1813; 12 U.S.C. 1815; 12
U.S.C. 1817 to 1820
Abstract: The Federal Deposit Insurance Corporation (``FDIC'') is
adopting an interim final rule that revises its risk-based and leverage
capital requirements for FDIC-supervised institutions. This interim
final rule is substantially identical to a joint final rule issued by
the Office of the Comptroller of the Currency (``OCC'') and the Board
of Governors of the Federal Reserve System (``Federal Reserve'')
(together, with the FDIC, ``the agencies''). The interim final rule
consolidates three separate notices of proposed rulemaking that the
agencies jointly published in the Federal Register on August 30, 2012,
with selected changes. The interim final rule implements a revised
definition of regulatory capital, a new common equity tier 1 minimum
capital requirement, higher minimum tier 1 capital requirement, and,
for FDIC-supervised institutions subject to the advanced approaches
risk-based capital rules, a supplementary leverage ratio that
incorporates a broader set of exposures in the denominator. The interim
final rule incorporates these new requirements into the FDIC's prompt
corrective action (``PCA'') framework. In addition, the interim final
rule establishes limits on FDIC-supervised institutions' capital
distributions on certain discretionary bonus payments if the FDIC-
supervised institution does not hold a specified amount of common
equity tier 1 capital in addition to the amount necessary to meet its
minimum risk-based capital requirements. The interim final rule amends
the methodologies for determining risk-weighted assets for all FDIC-
supervised institutions. The interim final rule also adopts changes to
the FDIC's regulatory capital requirements that meet the requirements
of section 171 and section 939A of the Dodd-Frank Wall Street Reform
and Consumer Protection Act. The interim final rule also codifies the
FDIC's regulatory capital rules, which have previously resided in
various appendices to their respective regulations, into a harmonized
integrated regulatory framework. In addition, the FDIC is amending the
market risk capital rule (market risk rule) to apply to state savings
associations. The FDIC is issuing these revisions to its capital
regulations as an interim final rule. The FDIC invites comments on the
interaction of this rule with other proposed leverage ratio
requirements applicable to large, systemically important banking
organizations. This interim final rule otherwise contains regulatory
text that is identical to the common rule text adopted as final rule by
the Federal Reserve and the OCC. This interim final rule enables the
FDIC to proceed on a unified, expedited basis with the other Federal
banking agencies pending consideration of other issues. Specifically,
the FDIC intends to evaluate this interim final rule in the context of
the proposed well-capitalized and buffer levels of the supplementary
leverage ratio applicable to large, systemically important banking
organizations, as described in a separate Notice of Proposed Rulemaking
[[Page 1286]]
(``NPRM''), titled, Regulatory Capital Rules: Regulatory Capital,
Enhanced Supplementary Leverage Ratio Standards for Certain Bank
Holding Companies and the Insured Depository Institutions They Control.
The FDIC is seeking commenters' views on the interaction of this
interim final rule with the proposed rule regarding the supplementary
leverage ratio for large, systemically important banking organizations.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/30/12 77 FR 169
NPRM Comment Period End............. 10/22/12 .......................
Interim Final Rule.................. 11/00/13 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Bobby R. Bean, Chief, Policy Section, Federal
Deposit Insurance Corporation, 550 17th Street NW., Washington, DC
20429, Phone: 202 898-3575, Email: [email protected].
Ryan Billingsley, Senior Policy Analyst, Federal Deposit Insurance
Corporation, 550 17th Street NW., Washington, DC 20429, Phone: 202 898-
3797, Email: [email protected].
Karl Reitz, Senior Capital Markets Specialist, Federal Deposit
Insurance Corporation, 550 17th Street NW., Washington, DC 20429,
Phone: 202 898-6775, Email: [email protected]
Mark Handzlik, Senior Attorney, Federal Deposit Insurance
Corporation, 550 17th Street NW., Washington, DC 20429, Phone: 202 898-
3900, Email: [email protected].
Michael Phillips, Counsel, Legal Division, Federal Deposit
Insurance Corporation, 550 17th Street NW., Washington, DC 20429,
Phone: 202 898-3581, Email: [email protected].
RIN: 3064-AD95
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC)
Completed Actions
542. Recordkeeping Rules for Institutions Operating Under the
Exceptions or Exemptions for Banks From the Definitions of ``Broker''
or ``Dealer'' in the Securities Exchange Act of 1934
Legal Authority: 12 U.S.C. 1818; 12 U.S.C. 1819 (Tenth); 12 U.S.C.
1828(t)
Abstract: The Office of the Comptroller of the Currency, the Board
of Governors of the Federal Reserve System, and the Federal Deposit
Insurance Corporation will be requesting comment on recordkeeping rules
for banks, savings associations, Federal and State-licensed branches
and agencies of foreign banks, and Edge and agreement corporations that
engage in securities-related activities under the statutory exceptions
or regulatory exemptions for ``banks'' from the definitions of
``broker'' or ``dealer'' in section 3(a)(4)(B) or section 3(a)(5) of
the Securities Exchange Act of 1934. The rule will be designed to
facilitate and promote compliance with these exceptions and exemptions.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Withdrawn........................... 10/18/13 .......................
------------------------------------------------------------------------
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Julia E. Paris, Senior Attorney, Federal Deposit
Insurance Corporation, 550 17th Street NW., MB-3064, Washington, DC
20429,Phone: 202 898-3821,Email: [email protected].
Anthony J. DiMilo, Examination Specialist, Federal Deposit
Insurance Corporation, 550 17th Street NW., MB-5100, Washington, DC
20429,Phone: 202 898-7496,Email: [email protected].
RIN: 3064-AD80
543. Regulatory Capital Rules: Standardized Approach for Risk-Weighted
Assets; Market Discipline and Disclosure Requirements
Legal Authority: Pub. L. 111-203
Abstract: On August 30, 2012, the FDIC, together with the Board of
Governors of the Federal Reserve System and Office of the Comptroller
of the Currency (together, ``the agencies'') published in the Federal
Register a joint notice of proposed rulemaking, titled, ``Regulatory
Capital Rules: Standardized Approach for Risk-Weighted Assets; Market
Discipline and Disclosure Requirements'' (Standardized Approach NPRM or
Proposed Rule). The Proposed Rule would revise and harmonize the
agencies' rules for calculating risk-weighted assets to enhance risk
sensitivity and address weaknesses identified over recent years,
including by incorporating certain international capital standards of
the Basel Committee on Banking Supervision (``BCBS'') set forth in the
standardized approach of the international accord titled,
``International Convergency of Capital Measurement and Capital
Standards: A Revised Framework'', as revised by the BCBS in 2006 and
2009, as well as other proposals set forth in consultative papers of
the BCBS. Section 3(a) of the Regulatory Flexibility Act (``RFA'')
directs all Federal agencies to publish an initial regulatory
flexibility analysis (``IRFA''), or a summary thereof, describing the
impact of a proposed rule on small entities anytime an agency is
required to publish a notice of proposed rulemaking in the Federal
Register. As provided in the Standardized Approach NPRM, the agencies
are separately publishing initial regulatory flexibility analyses for
the Proposed Rule. Accordingly, the FDIC sought comment on the IRFA
provided in this Federal Register document, which describes the
economic impact of the Standardized Approach NPRM, in accordance with
the requirements of the RFA.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 08/30/12 77 FR 52888
Initial Regulatory Flexibility 10/17/12 77 FR 63763
Analysis.
NPRM Comment Period End............. 10/22/12 .......................
Initial Regulatory Flexibility 11/16/12 .......................
Analysis Comment Period End.
Merged With 3064-AD95............... 08/26/13 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Bobby R. Bean, Chief, Policy Section, Federal
Deposit Insurance Corporation, 550 17th Street NW., Washington, DC
20429,Phone: 202 898-3575,Email: [email protected].
Karl Reitz, Senior Capital Markets Specialist, Federal Deposit
Insurance Corporation, 550 17th Street NW., Washington, DC 20429,Phone:
202 898-6775,Email: [email protected].
Mark Handzlik, Senior Attorney, Federal Deposit Insurance
Corporation, 550 17th Street NW., Washington, DC 20429,Phone: 202 898-
3900,Email: [email protected].
Michael Phillips, Counsel, Legal Division, Federal Deposit
Insurance Corporation, 550 17th Street NW., Washington, DC 20429,Phone:
202 898-3581,Email: [email protected].
RIN: 3064-AD96
544. Regulatory Capital Rules: Advanced Approaches Risk-Based Capital
Rules; Market Risk Capital Rule
Legal Authority: Pub. L. 111-203
Abstract: The Office of the Comptroller of the Currency (``OCC''),
the Board of Governors of the Federal Reserve System (``Board''), and
the FDIC (collectively, the ``Agencies'') are seeking comment on three
notices of proposed rulemaking (``NPRMs'') that
[[Page 1287]]
would revise and replace the Agencies' current capital rules. In this
NPRM (Advanced Approaches and Market Risk NPR) the Agencies are
proposing to revise the advanced approaches risk-based capital rule to
incorporate certain aspects of ``Basel III: A Global Regulatory
Framework for More Resilient Banks and Banking Systems'' that the
agencies would apply only to advanced approach banking organizations.
This NPRM also proposes other changes to the advanced approaches rule
that the agencies believe are consistent with changes by the Basel
Committee on Banking Supervision (``BCBS'') to its ``International
Convergence of Capital Measurement and Capital Standards: A Revised
Framework'' (Basel II), as revised by the BCBS between 2006 and 2009,
and recent consultative papers published by the BCBS. The Agencies also
propose to revise the advanced approaches risk-based capital rule to be
consistent with Dodd-Frank Wall Street Reform and Consumer Protection
Act of 2010 (the ``Dodd-Frank Act''). These revisions include replacing
reference to credit ratings with alternative standards of
creditworthiness consistent with section 939A of the Dodd-Frank Act.
Additionally, the OCC and FDIC are proposing that the market risk
capital rule be applicable to Federal and State savings associations,
and the Board is proposing that the advanced approaches and market risk
capital rules apply to top-tier savings and loan holding companies
domiciled in the United States that meet the applicable thresholds.
Timetable:
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Action Date FR Cite
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NPRM................................ 08/30/12 77 FR 52977
NPRM Comment Period End............. 10/22/12 .......................
Merged With 3064-AD95............... 08/26/13 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Bobby R. Bean, Chief, Policy Section, Federal
Deposit Insurance Corporation, 550 17th Street NW., Washington, DC
20429,Phone: 202 898-3575,Email: [email protected].
Ryan Billingsley, Senior Policy Analyst, Federal Deposit Insurance
Corporation, 550 17th Street NW., Washington, DC 20429,Phone: 202 898-
3797,Email: [email protected].
Mark Handzlik, Senior Attorney, Federal Deposit Insurance
Corporation, 550 17th Street NW., Washington, DC 20429,Phone: 202 898-
3900,Email: [email protected].
Michael Phillips, Counsel, Legal Division, Federal Deposit
Insurance Corporation, 550 17th Street NW., Washington, DC 20429,Phone:
202 898-3581,Email: [email protected].
RIN: 3064-AD97
[FR Doc. 2013-29649 Filed 1-6-14; 8:45 am]
BILLING CODE 6714-01-P