[Federal Register Volume 79, Number 83 (Wednesday, April 30, 2014)]
[Rules and Regulations]
[Pages 24311-24317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09814]



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  Federal Register / Vol. 79, No. 83 / Wednesday, April 30, 2014 / 
Rules and Regulations  

[[Page 24311]]



NATIONAL CREDIT UNION ADMINISTRATION

12 CFR Part 702

RIN 3133-AE27


Capital Planning and Stress Testing

AGENCY: National Credit Union Administration (NCUA).

ACTION: Final rule.

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SUMMARY: NCUA is issuing a rule requiring federally insured credit 
unions (FICUs) with assets of $10 billion or more to develop and 
maintain capital plans. The rule also provides for annual stress tests 
of those credit unions.

DATES: This rule is effective May 30, 2014.

FOR FURTHER INFORMATION CONTACT: Jeremy Taylor, Senior Capital Markets 
Specialist, Office of National Examinations and Supervision, (703) 518-
6640; Dale Klein, Senior Capital Markets Specialist, Office of 
Examination and Insurance, (703) 518-6360; or Lisa Henderson, Staff 
Attorney, Office of General Counsel, (703) 518-6540.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
    A. Why is NCUA adopting this final rule?
    B. What did the proposed rule say?
    C. How did the commenters respond to the proposed rule?
II. Final Rule
    A. Capital Planning
    B. Stress Testing
    C. State Coordination
    D. Public Disclosure
    E. Process Overview
    F. Effective Date
III. Regulatory Procedures
    A. Regulatory Flexibility Act
    B. Paperwork Reduction Act
    C. Executive Order 13132
    D. Assessment of Federal Regulations and Policies on Families
    E. Small Business Regulatory Enforcement Fairness Act

I. Background

A. Why is NCUA adopting this final rule?

    The NCUA Board (Board) believes that in order to ensure the safety 
and soundness of the credit union system and to protect the National 
Credit Union Share Insurance Fund (Share Insurance Fund), the largest 
FICUs should have in place systems and processes to monitor and 
maintain their capital adequacy. This rule achieves that by requiring 
FICUs with assets of at least $10 billion (covered credit unions) to 
submit capital plans annually to NCUA. The rule establishes a 
supervisory tool for assessing covered credit union capital adequacy by 
also providing for annual stress tests of their balance sheets using 
baseline, adverse, and severely adverse scenarios.

B. What did the proposed rule say?

    The proposed rule required covered credit unions to develop and 
maintain a capital plan and submit the plan to NCUA annually.\1\ It 
applied to all FICUs that reported $10 billion or more in assets on 
their March 31 Call Report. The proposed rule also provided for NCUA to 
conduct independent stress tests on all covered credit unions based on 
September 30 financial data.
---------------------------------------------------------------------------

    \1\ 78 FR 65583 (Nov. 1, 2013).
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C. How did the commenters respond to the proposed rule?

    NCUA received 22 comments on the proposed rule. All of the 
commenters supported the concept of stress testing and capital planning 
for covered credit unions. However, eight were opposed to the issuance 
of a new regulation, urging that NCUA issue non-binding supervisory 
guidance instead. The remaining 14 commenters, including the four 
credit unions that are currently over $10 billion in assets, did not 
object to a new regulation but suggested significant changes to the 
proposal.
    The Board has determined that issuing guidance would not achieve 
the goals intended by this rule. The Board views stress tests and 
capital planning as common safety and soundness requirements for 
financial institutions, including credit unions, with $10 billion or 
more in assets. This element of safety and soundness is broadly 
outlined in federal banking agency guidance, and NCUA intends to do the 
same. Also, in a manner similar to bank regulatory agencies, NCUA will 
issue guidance with greater details describing how covered credit 
unions can comply with the requirements for stress testing and capital 
planning.
    Two commenters said that the proposal does not comply with the 
Administrative Procedure Act (APA). With respect to this type of 
rulemaking, the APA requires federal agencies to give the public 
advance notice of the contents of a proposed rule and to offer the 
public an opportunity to express their views of the proposed rule 
before the agency.\2\ The requirement to provide the public with 
adequate notice of a proposed rule is generally achieved through the 
publication of a notice of proposed rulemaking in the Federal 
Register.\3\ NCUA issued a proposed rule regarding capital planning and 
stress testing on October 24, 2013, which was published in the Federal 
Register on November 1, 2013.\4\ The public was given 60 days from that 
date to submit comments. The Board believes that the rulemaking 
procedures comply with APA requirements.
---------------------------------------------------------------------------

    \2\ 5 U.S.C. 553(b) and (c).
    \3\ 5 U.S.C. 553(b).
    \4\ 78 FR 65583 (Nov. 1, 2013).
---------------------------------------------------------------------------

    These commenters also stated that the legal authority cited for the 
proposed regulation, Sections 120(a) and 216 of the Federal Credit 
Union Act (the Act) \5\ do not specifically address capital planning 
and stress testing. This is correct, but the Act does not limit NCUA to 
issuing regulations only explicitly authorized by statute. Instead, it 
grants NCUA a broad mandate to ``prescribe rules and regulations for 
the administration of this chapter.'' ``This chapter'' means Chapter 14 
of Title 12 of the United States Code, which is the Act itself.
---------------------------------------------------------------------------

    \5\ 12 U.S.C. 1766a and 1790d.
---------------------------------------------------------------------------

    Seven commenters argued that credit unions should be treated like 
banks, that is, NCUA should apply the supervisory stress testing and 
capital planning requirements only to credit unions with at least $50 
billion in assets. The Board disagrees. As of December 2013, the assets 
in the Share Insurance Fund totaled $11.6 billion, and the assets of 
the four largest covered credit unions totaled $111.4 billion--nearly 
10 times the size of the Share Insurance Fund.

[[Page 24312]]

The net worth of these credit unions was $11.24 billion as a cushion 
against the risks of these assets. NCUA can expect the exposure of the 
Share Insurance Fund will increase further as additional credit unions 
cross this $10 billion threshold. The Board believes it is important to 
require capital planning and stress testing at the credit unions that, 
by virtue of their sheer size, could pose the greatest risk to the 
Share Insurance Fund, while limiting the regulatory burden.
    After careful consideration of all of the comments, the Board has 
determined to issue this final capital planning and stress testing 
rule. In response to comments, the Board has reorganized the rule and 
made other changes from the proposal, as discussed below.

II. Final Rule

A. Capital Planning

    The proposed rule contained mandatory elements of a capital plan. 
Some commenters objected that the requirements were too broad. Others 
said that the grounds for rejecting a capital plan should be 
specifically defined. The Board disagrees with these views. The risk 
exposure of a credit union depends on its marketplace, its individual 
business model, changes to its business plan, and the management of 
enterprise-wide risks specific to the credit union's strategies. The 
adequacy of capital planning must be commensurate with the risks and 
complexity of each credit union in the context of its own 
circumstances; these cannot be pre-defined.
    The proposed rule required a covered credit union to perform 
specific capital analyses, including a requirement to test the impact 
of interest rate shocks of at least +/- 300 basis points on the net 
economic value of the credit union, using final maturities of non-
maturity shares not exceeding two years. A number of commenters opposed 
this test as arbitrary and unrealistic. The purpose of the requirement 
in the proposed rule was to address the extent to which an assumption 
of long maturities on non-maturity shares can mask a credit union's 
interest rate risk. However, the specificity of the rule as proposed 
may detract from other interest rate risk factors. Accordingly, the 
Board has removed that test from the final rule and substituted a 
requirement that covered credit unions perform reverse stress testing 
as part of their capital planning.
    Reverse stress testing is a tool that allows a credit union to 
assume a known adverse outcome, such as suffering a credit loss that 
breaches regulatory capital ratios or suffering severe liquidity 
constraints that render it unable to meet its obligations, and then 
infer the types of events that could lead to such an outcome. This type 
of stress testing may help a credit union to consider scenarios beyond 
normal business expectations and see the impact of severe systemic 
effects on the credit union. It also allows a credit union to challenge 
common assumptions about its performance and expected mitigation 
strategies. NCUA expects that credit unions will address ranges of 
member behavior in regard to non-maturity share pricing in their 
sensitivity tests and reverse stress tests. The Board has added 
definitions of ``sensitivity testing'' and ``reverse stress test'' to 
the final rule.
    Commenters objected to the requirement that capital plans must 
contain ``at least'' the elements enumerated in the proposal. They 
expressed concern that the phrase might lead examiners to require 
additional elements not listed in the rule. However, the point of the 
capital planning exercise is for a covered credit union to consider its 
specific risk exposures and to establish capital goals and requirements 
to support these risks. Where a particular covered credit union's 
unique products, lines of business, and field of membership create a 
risk not captured by the enumerated elements, the credit union will be 
expected to conduct additional analyses.
    The proposed rule required covered credit unions to conduct certain 
capital plan assessments over each quarter of a 3-year planning 
horizon. Some commenters suggested that the capital planning horizon 
should be only 9 quarters, like the stress test horizon. The Board 
disagrees. A covered credit union's capital planning should be part of 
long-term strategic planning. A 3-year capital planning horizon is 
longer than the stress test period and therefore allows a credit union 
to incorporate any stress testing as it formulates its capital plans. 
NCUA also encourages covered credit unions to incorporate factors 
longer than 3 years into their capital planning process.

B. Stress Testing

    The proposed rule provided that NCUA would conduct independent 
stress tests on all covered credit unions. Many commenters suggested 
stress testing should be performed by the covered credit unions 
themselves and that it would be simpler and less costly for NCUA to 
validate the models and assumptions of the credit unions than to 
conduct the stress testing independently. The Board considered the 
reasons for relying on independently performed stress testing, taking 
into account the costs. The primary objective of stress testing is for 
the Board to assess the ability of the largest credit unions to absorb 
the impact of significant economic stresses and to determine with a 
high degree of confidence when a covered credit union does not have 
sufficient capital to protect the Share Insurance Fund from losses that 
may threaten the credit union system. The Board believes consistent 
processes and uniform application of stress test procedures and 
analysis are critical to achieving reliable results. As a result, the 
Board believes NCUA-run stress testing is necessary for the first three 
years of credit union stress testing.
    After NCUA conducts stress tests on a credit union for three years, 
the credit union may apply to NCUA to conduct its own stress test in 
such a manner as approved and as supervised by NCUA.
    This final rule is not the end of the process on stress testing, 
but just the beginning. The agency's objective is for stress testing to 
be a process of continuous improvement. For the first three years, NCUA 
will use external providers to assist in evaluating data and producing 
comparable results for the required stress test scenarios. In the 
following years, whether NCUA or the credit union conducts the stress 
test, NCUA will ensure the stress testing protocol maintains an 
independent and comparable assessment of capital plus the flexibility 
to address the demands of a changing environment.
    In determining whether or not to approve a covered credit union's 
request to perform its own stress tests, NCUA may consider factors such 
as the credit union's previous stress test results, recent supervisory 
history, current financial condition, CAMEL codes, management 
continuity, and any operational changes, among other parameters.
    The proposed rule established a minimum stress test capital ratio 
of 5 percent. Some commenters argued that the minimum ratio should be 4 
percent, like the minimum bank leverage ratio. The Board disagrees. The 
stress test capital ratio must take into account the difference between 
credit union and bank capital. Because credit unions do not have access 
to the capital markets to raise common stock, they must rely on 
retained earnings, which take time to accumulate. A minimum ratio of 5 
percent provides a threshold below which a credit union may take timely 
action to enhance its stress test capital before reaching a 4 percent 
level, at which time the credit union would be

[[Page 24313]]

considered significantly undercapitalized.
    The proposed rule also excluded several items from the calculation 
of stress test capital, including the 1 percent Share Insurance Fund 
deposit. Some commenters argued that the 1 percent deposit should be 
included because the credit union has a claim on the deposit. However, 
the deposit is not available to the credit union to cover losses it may 
incur. The Board therefore continues to believe it is appropriate to 
exclude the deposit from stress test capital for NCUA's stress testing.

C. State Coordination

    The proposed rule provided that before taking any action against a 
federally insured, state-chartered credit union for capital planning or 
stress testing violations, NCUA would consult with the applicable state 
supervisory authority. Several commenters objected that consultation 
was insufficient and, therefore, that the proposal undermined state 
authority. The Board has added to the final rule a commitment that NCUA 
will also work cooperatively with the state authority.

D. Public Disclosure

    The Board noted that bank stress tests are publicly disclosed and 
sought comment on whether credit union tests should be similarly 
disclosed. The Board noted that public disclosure helps to provide 
valuable information to market participants, enhances transparency, and 
facilitates market discipline but also cautioned that stress test 
results can be misinterpreted and lead to inaccurate conclusions about 
the health of an institution. The majority of the commenters stated 
that stress test results should not be publicly disclosed. However, 
three of the four covered credit unions suggested that there should be 
public disclosure after an initial implementation period. The Board 
recognizes that the public policy goals of providing information to 
market participants and facilitating market discipline are of reduced 
importance in the case of credit unions, as credit unions are 
cooperatives and not publicly held institutions. The Board does, 
however, acknowledge that members are owners of credit unions and as 
such should be afforded as much information as possible about the 
credit union in which they invest and entrust to provide their 
financial services. To that end, NCUA provides full transparency of all 
federally insured credit unions' current and past financial information 
by posting quarterly Call Report data for all the public.
    At the same time, the Board must consider whether publicizing 
stress test results could harm the credit union members that NCUA 
intends to protect. As some stakeholders cautioned, stress test results 
could be taken out of context or misreported in public media. This 
could lead members to faulty conclusions about their credit union's 
current health, and cause a run on deposits--one of the worst-case 
scenarios that stress testing is intended to avoid.
    The same fundamental reasons why NCUA does not publicize CAMEL 
Codes would apply to publicizing stress test results: Both CAMEL Codes 
and stress tests are supervisory tools. Both are designed to require 
credit unions to take certain actions in order to strengthen safety and 
soundness. Similarly, NCUA does not require credit unions to publicly 
release results from asset-liability management modeling, liquidity 
planning, or interest rate risk shock tests. These tests are designed 
as internal exercises to ensure that credit unions are prepared for a 
wide variety of ``what if'' scenarios.
    For credit unions that may be approved by NCUA to conduct their own 
stress tests after three years, publicizing the results could put even 
more pressure on the credit unions to make sure they always show 
positive results. In some cases, credit unions might choose to alter 
their assumptions rather than increase capital. Such an action would 
subvert the purpose of this rule: To ensure that the largest credit 
unions take proactive steps to increase capital in advance of the 
worst-case scenario.
    Accordingly, the Board has determined that public disclosure is not 
appropriate during the first several years of stress test 
implementation. However, when NCUA next reviews Part 702 as part of its 
ongoing three-year rotation, the Board reserves the right to take a 
separate action on whether or not to publicly disclose the stress test 
results.

E. Process Overview

    The proposed rule contained a table setting out the timeframes of 
various requirements. Under the proposed rule, and as shown in that 
table, covered credit unions were required to submit their capital 
plans to NCUA by March 31 of each year. It provided that NCUA would 
notify the credit union of its acceptance or rejection of the plan by 
June 30 and, in the case of a rejection, allowed the credit union 30 
days to resubmit its plan. Several commenters stated that 30 days was 
insufficient. The Board agrees, and the final rule provides 90 days for 
resubmission of a rejected plan. In order to accommodate this change, 
however, the final rule requires initial submission of the plan by 
February 28 and an NCUA response within 90 days. NCUA believes the 
slightly shorter time frame for initial submission will not be 
burdensome as capital planning is an ongoing process that occurs on an 
annual cycle.
    The proposed rule provided that covered credit unions would be 
given the results of the NCUA stress tests by May 31. One commenter 
said that credit unions should be given the stress test results before 
the capital plan is due. The Board recognizes that credit unions would 
like to have the stress test results available for the development of 
their capital plans. However, supervisory stress testing and credit 
union capital planning have different purposes and are unique 
exercises. NCUA's supervisory stress test provides an independent 
assessment of the credit union's capital adequacy. A covered credit 
union's capital planning process is a sound practice that integrates 
strategic planning, risk management, and capital assessment.
    Capital planning and supervisory stress testing are separate 
processes. Moreover, the final rule allows for stress testing to be 
performed by NCUA, or subsequently by the covered credit unions. These 
processes have independent timelines, so the tables below now show each 
process separately.

  Table 1--Process Overview of Capital Planning Requirements When NCUA
               Performs Stress Tests Under This Final Rule
------------------------------------------------------------------------
          Timeframe                              Steps
------------------------------------------------------------------------
September 30 *...............  ``As of'' date for covered credit union's
                                capital plan.
by February 28 (of the         Covered credit union submits capital plan
 following year) *.             to NCUA.
within 90 days of submission   NCUA accepts or rejects capital plan.
 of plan.

[[Page 24314]]

 
within 90 days of NCUA         Affected covered credit union submits
 decision to reject plan.       revised capital plan.
------------------------------------------------------------------------
* The final rule allows NCUA to direct a covered credit union to
  formulate its capital plan based on financial data for a date other
  than the September 30 date in Table 1. NCUA anticipates there may be
  cases where September 30 data does not appropriately capture the risk
  of the covered credit union. In this instance, NCUA would specify the
  alternative capital plan date, and adjust the February 28 deadline for
  capital plan submissions on a schedule to reflect the change in the
  ``as of'' date.


      Table 2--Process Overview of NCUA-Run Supervisory Stress Test
                   Requirements Under This Final Rule
------------------------------------------------------------------------
          Timeframe                              Steps
------------------------------------------------------------------------
September 30 **..............  ``As of'' date for NCUA's stress test
                                data
by December 1................  NCUA releases scenarios on which it will
                                conduct independent stress tests.
by May 31 ***................  NCUA provides stress test results to
                                covered credit union.
within 90 days of receipt of   Affected covered credit union submits
 stress test results (if        stress test capital enhancement plan.
 below required minimum).
------------------------------------------------------------------------
** As with capital planning, NCUA may direct stress tests of a covered
  credit union to occur on an alternative ``as of'' date to the
  September 30 date in Tables 2 and 3, if the September 30 data does not
  accurately reflect the credit union's risks or financial position. Any
  such change would prompt corresponding amendments in submission
  deadlines for NCUA and credit union-run stress tests.
*** NCUA recognizes the first year of stress test implementation poses
  unique challenges, such as selecting the NCUA-designated vendor,
  compiling data across multiple covered credit unions, and developing
  modeling processes that capture the risks within the covered credit
  unions. The NCUA Board shares commenters' thoughts that the quality of
  the results is of utmost importance. Therefore, NCUA reserves the
  right to adjust this date in the first year of implementation if
  necessary to ensure the accuracy of the results.


  Table 3--Process Overview of Capital Planning and Supervisory Stress
Test Requirements When the Credit Union Performs Stress Tests Under This
                               Final Rule
------------------------------------------------------------------------
          Timeframe                              Steps
------------------------------------------------------------------------
by July 31...................  Covered credit union requests authority
                                to perform stress tests for coming
                                annual cycle.
by August 31.................  NCUA approves or declines request by
                                credit union to perform stress tests.
September 30 **..............  ``As of'' date for NCUA's stress test
                                data.
by December 1................  NCUA releases scenarios on which CU will
                                conduct stress tests.
by February 28 (of the         Covered credit union submits capital
 following year).               plan, stress test results and, if
                                applicable, stress test capital
                                enhancement plan to NCUA.
Within 90 days of submission.  NCUA accepts or rejects capital plan and,
                                if applicable, stress test capital
                                enhancement plan.
within 90 days of NCUA         Affected covered credit union submits
 decision to reject plan.       revised capital plan and, if applicable,
                                stress test capital enhancement plan.
------------------------------------------------------------------------

    A covered credit union with a stress test enhancement plan accepted 
by NCUA, following an NCUA-run supervisory stress test, must 
incorporate this enhancement plan into the credit union's capital plan 
for the following year.

F. Effective Date

    Some commenters urged NCUA to delay implementation of the 
regulation for a year to enable covered credit unions adequate time to 
develop and test assumptions, models, and processes and to collect the 
data. The Board believes that delayed implementation is unnecessary, as 
credit unions already employ many of the practices involved in stress 
testing and capital planning. The Board recognizes that implementation 
may include an element of continuous improvement and that practices 
will develop and be refined over time.

III. Regulatory Procedures

A. Regulatory Flexibility Act

    The Regulatory Flexibility Act requires NCUA to prepare an analysis 
of any significant economic impact any regulation may have on a 
substantial number of small entities (primarily those under $50 million 
in assets).\6\ Because the rule only applies to credit unions with $10 
billion or more in assets, it will not have any economic impact on 
small credit unions.
---------------------------------------------------------------------------

    \6\ 5 U.S.C. 603(a).
---------------------------------------------------------------------------

B. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (PRA) applies to rulemakings in 
which an agency by rule creates a new paperwork burden on regulated 
entities or increases an existing burden.\7\ For purposes of the PRA, a 
paperwork burden may take the form of a reporting or recordkeeping 
requirement, both referred to as information collections. The 
information collection requirements are found in sections 702.503, 
702.504, 702.505, and 702.506 of this final rule.
---------------------------------------------------------------------------

    \7\ 44 U.S.C. 3507(d); 5 CFR part 1320.
---------------------------------------------------------------------------

    Section 702.503(b) provides a list of mandatory elements to be 
included in a covered credit union's capital policy.
    Section 702.504(a) requires a covered credit union to develop and 
maintain a capital plan and to submit the plan to NCUA by February 28 
of a given year. Section 702.504(a) further requires a covered credit 
union's board of directors or a designated committee to review and 
approve the covered credit union's capital plan prior to its submission 
to NCUA. Section 702.504(b) establishes a list of mandatory elements to 
be included in the capital plan.
    Section 702.505(d) provides that within 90 calendar days of receipt 
of a notice of rejection by NCUA of a covered credit union's capital 
plan, under section 702.505(c), the covered credit union must update 
and re-submit its capital plan to NCUA.
    Section 702.506(f) requires a covered credit union to provide any 
relevant

[[Page 24315]]

qualitative or quantitative information requested by NCUA to conduct or 
analyze the stress test.
    Section 702.506(h) provides that within 90 days of receipt of a 
notice that a covered credit union does not have the ability to 
maintain the required stress test capital ratio, the covered credit 
union must submit a stress test capital enhancement plan showing how it 
will meet that requirement.
    In the proposed rule's PRA discussion, NCUA estimated that the 
initial paperwork burden for each covered credit union was 500 hours. 
One commenter stated that this estimate was low. The paperwork burdens 
of this final rule are substantially similar to those in the proposed 
rule. NCUA has reevaluated the initial paperwork burden, however, and 
determined it to be 750 hours.

Summary of Burden

    As of December 31, 2013, there were four FICUs with assets of $10 
billion or more.

----------------------------------------------------------------------------------------------------------------
                                                     Number of        Annual          Hourly
                                                    respondents      frequency       estimate       Total hours
----------------------------------------------------------------------------------------------------------------
Initial Paperwork Burden:
    Initial Report..............................               4               1             750           3,000
Ongoing Paperwork Burden:
    Annual Report...............................               4               1             250           1,000
----------------------------------------------------------------------------------------------------------------

C. Executive Order 13132

    Executive Order 13132 encourages independent regulatory agencies to 
consider the impact of their actions on state and local interests. 
NCUA, an independent regulatory agency as defined in 44 U.S.C. 3502(5), 
voluntarily complies with the executive order to adhere to fundamental 
federalism principles. The final rule applies to federal credit unions 
and to two federally insured, state-chartered credit unions, each with 
assets over $10 billion. By law, these state-chartered institutions are 
already subject to numerous provisions of NCUA's rules, based on the 
agency's role as the insurer of member share accounts and the 
significant interest NCUA has in the safety and soundness of their 
operations. Given the limited reach of the final rule on state-
chartered credit unions, NCUA does not believe the rule will have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government. NCUA has, 
therefore, determined that this rule does not constitute a policy that 
has federalism implications for purposes of the executive order.

D. Assessment of Federal Regulations and Policies on Families

    NCUA has determined that this final rule will not affect family 
well-being within the meaning of Sec.  654 of the Treasury and General 
Government Appropriations Act, 1999, Public Law 105-277, 112 Stat. 2681 
(1998).

E. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA) \8\ provides generally for congressional review of agency 
rules. A reporting requirement is triggered in instances where NCUA 
issues a final rule as defined by section 551 of the APA.\9\ The Office 
of Management and Budget has determined that this rule is not a ``major 
rule'' for purposes of SBREFA.
---------------------------------------------------------------------------

    \8\ Public Law 104-121, 110 Stat. 857 (1996).
    \9\ 5 U.S.C. 551.
---------------------------------------------------------------------------

List of Subjects in 12 CFR Part 702

    Credit unions, Reporting and recordkeeping requirements.

    By the National Credit Union Administration Board on April 24, 
2014.
Gerard Poliquin,
Secretary of the Board.

    For the reasons discussed above, the National Credit Union 
Administration amends part 702 as follows:

PART 702--CAPITAL ADEQUACY

0
1. The authority citation for part 702 continues to read as follows:

    Authority: 12 U.S.C. 1766(a), 1790d.

0
2. Revise the heading of part 702 to read as set forth above.
0
3. Add subpart E to read as follows:
Subpart E--Capital Planning and Stress Testing
702.501 Authority, purpose, and reservation of authority.
702.502 Definitions.
702.503 Capital policy.
702.504 Capital planning.
702.505 NCUA action on capital plans.
702.506 Annual supervisory stress testing.

Subpart E--Capital Planning and Stress Testing


Sec.  702.501  Authority, purpose, and reservation of authority.

    (a) Authority. This subpart is issued by the National Credit Union 
Administration (NCUA).
    (b) Purpose. This subpart requires covered credit unions to develop 
and maintain capital plans and describes stress testing requirements 
and actions on covered credit union capital plans.
    (c) Reservation of authority. Notwithstanding any other provisions 
of this subpart, NCUA may modify some or all of the requirements of 
this subpart. Any exercise of authority under this section by NCUA will 
be in writing and will consider the financial condition, size, 
complexity, risk profile, scope of operations, and level of capital of 
the covered credit union, in addition to any other relevant factors. 
Nothing in this subpart limits the authority of NCUA under any other 
provision of law or regulation to take supervisory or enforcement 
action, including action to address unsafe and unsound practices or 
conditions, or violations of law or regulation.


Sec.  702.502  Definitions.

    For purposes of this subpart--
    Adverse scenario means a scenario that is more adverse than that 
associated with the baseline scenario.
    Baseline scenario means a scenario that reflects the consensus 
views of the economic and financial outlook.
    Capital plan means a written presentation of a covered credit 
union's capital planning strategies and capital adequacy process that 
includes the mandatory elements set forth in this subpart.
    Covered credit union means a federally insured credit union whose 
assets were $10 billion or more on March 31 of the current calendar 
year.
    Planning horizon means the period of 3 years over which capital 
planning projections extend.
    Pre-provision net revenue means the sum of net interest income and 
non-interest income, less expenses, before adjusting for loss 
provisions.
    Provision for loan and lease losses means the provision for loan 
and lease losses as reported by the covered credit union on its Call 
Report.

[[Page 24316]]

    Reverse stress test means a test that defines severely unfavorable 
outcomes and then identifies events or scenarios that lead to these 
outcomes. Examples of severely unfavorable outcomes are breaching 
regulatory capital, failing to meet obligations, or being unable to 
continue independent operations.
    Scenarios are those sets of conditions that affect the U.S. economy 
or the financial condition of a covered credit union that serve as the 
basis for stress testing, including, but not limited to, NCUA-
established baseline, adverse, and severely adverse scenarios.
    Sensitivity testing means testing the relationship between specific 
variables, parameters, and inputs and their impacts on analytical 
results.
    Severely adverse scenario means a scenario that overall is more 
severe than that associated with the adverse scenario.
    Stress test means the process to assess the potential impact of 
expected and stressed economic conditions on the consolidated earnings, 
losses, and capital of a covered credit union over the planning 
horizon, taking into account the current state of the covered credit 
union and the covered credit union's risks, exposures, strategies, and 
activities.
    Stress test capital means net worth (less assistance provided under 
Section 208 of the Federal Credit Union Act, subordinated debt included 
in net worth, and NCUSIF deposit) under stress test scenarios.
    Stress test capital ratio means a covered credit union's stress 
test capital divided by its total consolidated assets less NCUSIF 
deposit.


Sec.  702.503  Capital policy.

    (a) General requirements. The extent and sophistication of a 
covered credit union's governance over its capital planning and 
analysis process must align with the extent and sophistication of that 
process. The process must be consistent with the financial condition, 
size, complexity, risk profile, scope of operations, and level of 
capital of the covered credit union. The ultimate responsibility for 
governance over a covered credit union's capital planning and analysis 
process rests with the credit union's board of directors. Senior 
management must establish a comprehensive, integrated, and effective 
process that fits into the broader risk management of the credit union. 
Senior management responsible for capital planning and analysis must 
provide regular reports on capital planning and analysis to the credit 
union's board of directors (or a designated committee of the board).
    (b) Mandatory elements. A covered credit union's board of directors 
(or a designated committee of the board) must review and approve a 
capital policy, along with procedures to implement it. The capital 
policy must:
    (1) State goals and limits for capital levels and risk exposure.
    (2) Establish requirements for reviewing and reporting capital 
levels and breaches of capital limits, with contingency plans for 
remedying any breaches.
    (3) State the governance over the capital analysis process, 
including all the activities that contribute to the analysis;
    (4) Specify capital analysis roles and responsibilities, including 
controls over external resources used for any part of capital analysis 
(such as vendors and data providers);
    (5) Specify the internal controls that govern capital planning, 
including review by internal audit, control of changes in capital 
planning procedures, and required documentation;
    (6) Describe the frequency with which capital analyses will be 
conducted;
    (7) State how capital analysis results are used and by whom; and
    (8) Be reviewed at least annually and updated as necessary to 
ensure that it remains current with changes in market conditions, 
credit union products and strategies, credit union risk exposures and 
activities, the credit union's established risk appetite, and industry 
practices.


Sec.  702.504  Capital planning.

    (a) Annual capital planning. (1) A covered credit union must 
develop and maintain a capital plan and submit this plan to NCUA each 
year by February 28, or such later date as directed by NCUA. The plan 
must be based on the credit union's financial data as of September 30 
of the immediately preceding previous calendar year, or such other date 
as directed by NCUA. NCUA will assess whether the capital planning and 
analysis process is sufficiently robust in determining whether to 
accept a credit union's capital plan.
    (2) A covered credit union's board of directors (or a designated 
committee of the board) must at least annually, and prior to submission 
of the capital plan under paragraph (a)(1) of this section:
    (i) Review the credit union's process for assessing capital 
adequacy;
    (ii) Ensure that any deficiencies in the credit union's process for 
assessing capital adequacy are appropriately remedied; and
    (iii) Approve the credit union's capital plan.
    (b) Mandatory elements. A capital plan must contain at least the 
following elements:
    (1) A quarterly assessment of the expected sources and levels of 
stress test capital over the planning horizon that reflects the covered 
credit union's financial state, size, complexity, risk profile, scope 
of operations, and existing level of capital, assuming both expected 
and unfavorable conditions, including:
    (i) Estimates of projected revenues, losses, reserves, and pro 
forma capital levels, over each quarter of the planning horizon under 
expected and unfavorable conditions; and
    (ii) A detailed description of the credit union's process for 
assessing capital adequacy;
    (2) A discussion of how the credit union will, under expected and 
unfavorable conditions, maintain stress test capital commensurate with 
all of its risks, including reputational, strategic, legal, and 
compliance risks;
    (3) A discussion of how the credit union will, under expected and 
unfavorable conditions, maintain ready access to funding, meet its 
obligations to all creditors and other counterparties, and continue to 
serve as an intermediary for its members;
    (4) If the credit union conducts its own stress test under Sec.  
702.506(c), a discussion of how the credit union will maintain a stress 
test capital ratio of 5 percent or more under baseline, adverse, and 
severely adverse conditions in each quarter of the 9-quarter horizon;
    (5) A discussion of any expected changes to the credit union's 
business plan that are likely to have a material impact on the credit 
union's capital adequacy and liquidity; and
    (6) A program to:
    (i) Conduct sensitivity testing to analyze the effect on the credit 
union's stress test capital of changes in variables, parameters, and 
inputs used by the credit union in preparing its capital plan;
    (ii) Conduct reverse stress testing to identify events and 
circumstances that cause severely unfavorable outcomes for the credit 
union; and
    (iii) Analyze the impact of credit risk and interest rate risk to 
capital under unfavorable economic conditions, both separately and in 
combination with each other.


Sec.  702.505  NCUA action on capital plans.

    (a) Timing. NCUA will notify the covered credit union of the 
acceptance or rejection of its capital plan within 90 calendar days of 
the date of the plan's submission.
    (b) Grounds for rejection of capital plan. NCUA may reject a 
capital plan if it determines that:

[[Page 24317]]

    (1) The covered credit union has material unresolved supervisory 
issues associated with its capital planning process;
    (2) The capital analysis underlying the covered credit union's 
capital plan, or the covered credit union's methodologies for reviewing 
the robustness of its capital adequacy, are not reasonable or 
appropriate;
    (3) Data utilized for the capital analysis is insufficiently 
detailed to capture the risks of the covered credit union, or the data 
lacks integrity;
    (4) The plan does not meet all of the requirements of Sec.  
702.504;
    (5) NCUA finds unacceptable weakness in the capital plan, the 
capital planning analysis, or any critical system or process supporting 
capital analysis; or
    (6) The covered credit union's capital planning process constitutes 
an unsafe or unsound practice, or would violate any law, regulation, 
NCUA order, directive, or any condition imposed by, or written 
agreement with, NCUA. In determining whether a capital plan would 
constitute an unsafe or unsound practice, NCUA considers whether the 
covered credit union is and would remain in sound financial condition 
after giving effect to the capital plan.
    (c) Notification in writing. NCUA will notify the credit union in 
writing of the reasons for a decision to reject a capital plan.
    (d) Re-submission of a capital plan. If NCUA rejects a credit 
union's capital plan, the credit union must update and resubmit an 
acceptable capital plan to NCUA within 90 calendar days of the 
rejection. The resubmitted capital plan must at a minimum address:
    (1) NCUA-noted deficiencies in the credit union's original capital 
plan; and
    (2) Remediation plans for unresolved supervisory issues 
contributing to the rejection of the credit union's original capital 
plan.
    (e) Supervisory actions. Any covered credit union operating without 
a capital plan accepted by NCUA may be subject to supervisory actions 
on the part of NCUA.
    (f) Consultation on proposed action. Before taking any action under 
this section on the capital plan of a federally insured, state-
chartered credit union, NCUA will consult and work cooperatively with 
the appropriate State official.


Sec.  702.506  Annual supervisory stress testing.

    (a) General requirements. The supervisory stress tests consist of 
baseline, adverse, and severely adverse scenarios, which NCUA will 
provide by December 1 of a calendar year. The tests will be based on 
the covered credit union's financial data as of September 30 of that 
year, or such other date as directed by NCUA. The tests will take into 
account all relevant exposures and activities of a credit union to 
evaluate its ability to absorb losses in specified scenarios over a 9-
quarter horizon. The minimum stress test capital ratio is 5 percent.
    (b) NCUA-run tests. Except as provided in paragraph (c) of this 
section, NCUA will conduct the tests described in this section.
    (c) Credit union-run tests under NCUA supervision. After NCUA has 
completed three consecutive supervisory stress tests, a covered credit 
union may, with NCUA approval, conduct the tests described in this 
section. A covered credit union must submit its request to NCUA to 
conduct its own stress test by July 31 for the following annual cycle. 
NCUA will approve or decline the credit union's request by August 31. 
The credit union must include the results of the tests in the capital 
plan it submits under Sec.  702.504. NCUA reserves the ability to 
conduct the tests described in this section on any covered credit union 
at any time. Where both NCUA and a covered credit union have conducted 
the tests, the results of NCUA's tests will determine whether the 
covered credit union has met the requirements of this section.
    (d) Newly covered credit union. A credit union that becomes a 
covered credit union after the effective date of this regulation must 
have three NCUA-run stress tests before it can seek NCUA approval to 
conduct credit union-run stress tests.
    (e) Potential impact on capital. In conducting a stress test under 
this subpart, during each quarter of the stress test horizon, NCUA or 
the covered credit union will estimate the following for each scenario:
    (1) Losses, pre-provision net revenues, loan and lease loss 
provisions, and net income; and
    (2) The potential impact on the stress test capital ratio, 
incorporating the effects of any capital action over the 9-quarter 
stress test horizon and maintenance of an allowance for loan losses 
appropriate for credit exposures throughout the horizon. NCUA or the 
covered credit union will conduct the stress test without assuming any 
risk mitigation actions on the part of the covered credit union, except 
those existing and identified as part of the covered credit union's 
balance sheet, or off-balance sheet positions, such as asset sales or 
derivatives positions, on the date of the stress test.
    (f) Information collection. Upon request, the covered credit union 
must provide NCUA with any relevant qualitative or quantitative 
information requested by NCUA pertinent to the stress test under this 
section.
    (g) Stress test results. NCUA will provide each covered credit 
union with the results of the stress test by May 31 of the year 
following the effective testing date. A credit union conducting its own 
stress test must provide NCUA the results of its stress test with its 
capital plan by February 28 of the year following the effective testing 
date.
    (h) Supervisory actions. If NCUA-run stress tests show that a 
covered credit union does not have the ability to maintain a stress 
test capital ratio of 5 percent or more under expected and stressed 
conditions in each quarter of the 9-quarter horizon, the credit union 
must provide NCUA, within 90 days of receipt of the stress test 
results, a stress test capital enhancement plan showing how it will 
meet that target. If the credit union-run stress tests show that it 
does not have the ability to maintain a stress test capital ratio of 5 
percent or more under expected and stressed conditions in each quarter 
of the 9-quarter horizon, the credit union must incorporate a stress 
test capital enhancement plan into its capital plan. Any affected 
credit union operating without a stress test capital enhancement plan 
accepted by NCUA may be subject to supervisory actions on the part of 
NCUA.
    (i) Consultation on proposed action. Before taking any action under 
this section against a federally insured, state-chartered credit union, 
NCUA will consult and work cooperatively with the appropriate State 
official.

[FR Doc. 2014-09814 Filed 4-29-14; 8:45 am]
BILLING CODE 7535-01-P