[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.
------------------------------------------------------------------------
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.
------------------------------------------------------------------------


        Federal Deposit Insurance Corporation--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
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.
------------------------------------------------------------------------


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  .......................
------------------------------------------------------------------------

    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  .......................
------------------------------------------------------------------------

    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:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/30/12  77 FR 52977
NPRM Comment Period End.............   10/22/12  .......................
Merged With 3064-AD95...............   08/26/13  .......................
------------------------------------------------------------------------

    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