[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Rules and Regulations]
[Pages 76841-76842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31267]
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DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
12 CFR Part 32
[Docket ID OCC-2012-0007]
RIN 1557-AD59
Lending Limits
AGENCY: Office of the Comptroller of the Currency, Treasury.
ACTION: Final rule.
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SUMMARY: The Office of the Comptroller of the Currency (OCC) is
amending its lending limits rule to extend the rule's temporary
exception for credit exposures arising from a derivative transaction or
securities financing transaction from January 1, 2013 to July 1, 2013.
DATES: This final rule is effective December 31, 2012. The effective
date of amendatory instruction 3a of the interim final rule published
on June 21, 2012, 77 FR 37277, is delayed from January 1, 2013 to July
1, 2013.
FOR FURTHER INFORMATION CONTACT: Jonathan Fink, Assistant Director,
Bank Activities and Structure Division, (202) 649-5593; Heidi M.
Thomas, Special Counsel, Legislative and Regulatory Activities
Division, (202) 649-5490; or Kurt Wilhelm, Director for Financial
Markets, (202) 649-6437, Office of the Comptroller of the Currency,
Washington, DC 20219.
SUPPLEMENTARY INFORMATION:
I. Description of Final Rule
Section 5200 of the Revised Statutes, 12 U.S.C. 84, provides that
the total loans and extensions of credit by a national bank to a person
outstanding at one time shall not exceed 15 percent of the unimpaired
capital and unimpaired surplus of the bank if the loan or extension of
credit is not fully secured, plus an additional 10 percent of
unimpaired capital and unimpaired surplus if the loan is fully secured.
Section 5(u)(1) of the Home Owners' Loan Act (HOLA), 12 U.S.C.
1464(u)(1), provides that section 5200 of the Revised Statutes ``shall
apply to savings associations in the same manner and to the same extent
as it applies to national banks.'' In addition, section 5(u)(2) of
HOLA, 12 U.S.C. 1464(u)(2), includes exceptions to the lending limits
for certain loans made by savings associations. These HOLA provisions
apply to both Federal and state-chartered savings associations.
Section 610 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act \1\ (Dodd-Frank Act) amended section 5200 of the Revised
Statutes to provide that the definition of ``loans and extensions of
credit'' includes any credit exposure to a person arising from a
derivative transaction, repurchase agreement, reverse repurchase
agreement, securities lending transaction, or securities borrowing
transaction between a national bank and that person. This amendment was
effective July 21, 2012. By virtue of section 5(u)(1) of the HOLA, this
new definition of ``loans and extensions of credit'' applies to all
savings associations as well as to national banks.
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\1\ Public Law 111-203, 124 Stat. 1376 (2010).
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On June 21, 2012, the OCC published in the Federal Register an
interim final rule that, among other things, amended the OCC's lending
limits regulation, 12 CFR part 32, by implementing section 610 of the
Dodd-Frank Act.\2\ Specifically, the interim final rule amended part 32
to provide national banks and savings associations with different
options for measuring the appropriate credit exposures of derivatives
transactions and securities financing transactions, including an
internal model option. The interim final rule was effective on July 21,
2012. Because the OCC recognized that national banks and savings
associations would need additional time to comply with these new
provisions, the interim final rule provided at 12 CFR 32.1(d) that the
requirements of part 32 only apply to a credit exposure arising from a
derivative transaction or securities financing transaction on or after
January 1, 2013.\3\
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\2\ 77 FR 37265 (June 21, 2012).
\3\ The interim final rule also removed from the lending limits
rule the securities reverse repurchase provision, redesignated as
Sec. 32.2(q)(1)(vii), on January 1, 2013 to correspond to the
expiration of the exception for the section 610-related provisions.
This final rule changes the date of this removal to July 1, 2013 as
a conforming change.
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Based on the public comments received on the interim final rule,
the OCC concludes that institutions that wish to use an internal model
method to determine credit exposure for derivative transactions and
securities financing transactions may not have sufficient time to
develop a model, receive approval for its use, and implement the model
before the January 1, 2013 expiration of the temporary exception.
Moreover, for many institutions with large portfolios, the other non-
model methods to measure credit exposure provided by the rule often
would not be optimal. For the foregoing reasons, the OCC is extending
this exception to July 1, 2013,\4\ in advance of finalizing the interim
final rule. As indicated in the preamble to the interim final rule,
notwithstanding this extension, the OCC retains full authority to
address credit exposures that present undue concentrations on a case-
by-case basis through our existing safety and soundness authorities.
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\4\ The OCC issued OCC Bulletin 2012-36 on November 16, 2012, to
provide notice prior to finalizing the interim final rule of its
intention to extend the exception to April 1, 2013 so that national
banks and savings associations could adjust their preparations for
compliance accordingly. Since then, the OCC has determined that it
is more appropriate to extend the exception to July 1, 2013.
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II. Notice and Comment
This final rule is effective on December 31, 2012. Pursuant to the
Administrative Procedure Act (APA), at 5 U.S.C. 553(b)(B), notice and
comment are not required prior to the issuance of a final rule if an
agency, for good cause, finds that ``notice and public procedure
thereon are impracticable, unnecessary, or contrary to the public
interest.''
This final rule extends the temporary exception from the lending
limits rules for extensions of credit arising from derivative
transactions or securities financing transactions from January 1, 2013
to July 1, 2013 in order to provide national banks and savings
associations with additional time to comply with these provisions. The
rule makes no substantive changes to the lending limits rule.
Furthermore, on November 16, 2012, the OCC announced its intention to
extend this temporary exception,\5\ thereby giving notice to
[[Page 76842]]
interested parties that the January 1, 2013 date would likely be
extended. For these reasons, the OCC finds that prior notice and
comment are unnecessary.
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\5\ See OCC Bulletin 2012-36.
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III. Effective Date
This interim final rule is effective on December 31, 2012. A final
rule may be effective without 30 days advance publication in the
Federal Register if an agency finds good cause and publishes such with
the final rule.\6\ The purpose of a delayed effective date is to permit
regulated entities to adjust their behavior before the final rule takes
effect. As described above, national banks and savings associations are
currently excepted from the lending limits rules for extensions of
credit arising from derivative transactions or securities financing
transactions until January 1, 2013. This final rule extends this
exception through July 1, 2013 in order to provide national banks and
savings associations with additional time to comply with these
provisions. The rule makes no substantive changes to the lending limits
rule. Because the current exception will expire less than 30 days from
the date of this rule's publication, it is necessary to make this rule
effective immediately. Not doing so would result in national banks and
savings associations having to comply with these provisions for a
limited amount of time before the July 1, 2013 exception is effective.
For these reasons, the OCC finds good cause to dispense with a delayed
effective date.
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\6\ 5 U.S.C. 553(d)(3).
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IV. Regulatory Analysis
Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (RFA),\7\ 5 U.S.C. 603,
an agency must prepare a regulatory flexibility analysis for all
proposed and final rules that describe the impact of the rule on small
entities, unless the head of an agency certifies that the rule will not
have ``a significant economic impact on a substantial number of small
entities.'' However, 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).\8\ Pursuant to the APA at 5 U.S.C. 553(b)(B), general notice
and an opportunity for public comment are not required prior to the
issuance of a final rule when an agency, for good cause, finds that
``notice and public procedure thereon are impracticable, unnecessary,
or contrary to the public interest.'' For the reasons discussed above,
the OCC did not publish a notice of proposed rulemaking. Therefore, the
RFA does not apply to this final rule.
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\7\ Public Law 96-354, Sept. 19, 1980.
\8\ 5 U.S.C. 603(a), 604(a).
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Unfunded Mandates Reform Act
Section 202 of the Unfunded Mandates Reform Act of 1995, Public Law
104-4 (2 U.S.C. 1532) (Unfunded Mandates Act), requires that an agency
prepare a budgetary impact statement before promulgating any rule
likely to result in a Federal mandate that may result in the
expenditure by state, local, and tribal governments, in the aggregate,
or by the private sector, of $100 million or more in any one year. If a
budgetary impact statement is required, Sec. 205 of the Unfunded
Mandates Act also requires an agency to identify and consider a
reasonable number of regulatory alternatives before promulgating a
rule. The OCC has determined that there is no Federal mandate imposed
by this rulemaking that may result in the expenditure by state, local,
and tribal governments, in the aggregate, or by the private sector, of
$100 million or more in any one year. Accordingly, final rule is not
subject to Sec. 202 of the Unfunded Mandates Act.
Paperwork Reduction Act
In accordance with the requirements of the Paperwork Reduction Act
(PRA) of 1995 (44 U.S.C. 3501-3521), the OCC may not conduct or
sponsor, and a respondent is not required to respond to, an information
collection unless it displays a currently valid Office of Management
and Budget (OMB) control number. This rule amends rules, which contain
information collection requirements under the PRA, that have been
previously approved by OMB under OMB Control No. 1557-0221. The
amendments in this final rule do not introduce any new collections of
information into the rules, nor do they amend the rules in a way that
modifies the collection of information that OMB has previously approved
for part 32. Therefore, no Paperwork Reduction Act submission to OMB is
required.
List of Subjects in 12 CFR Part 32
National banks, Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, 12 CFR part 32 is
amended as follows:
PART 32--LENDING LIMITS
0
1. The authority citation for part 32 continues to read as follows:
Authority: 12 U.S.C. 1 et seq., 84, 93a, 1462a, 1463, 1464(u),
and 5412(b)(2)(B).
Sec. 32.1 [Amended]
0
2. Section 32.1(d) is amended by removing ``January 1, 2013'' and
adding in its place ``July 1, 2013''.
Dated: December 21, 2012.
Thomas J. Curry,
Comptroller of the Currency.
[FR Doc. 2012-31267 Filed 12-26-12; 11:15 am]
BILLING CODE 4810-33-P