[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Rules and Regulations]
[Pages 90949-90952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30133]



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 Rules and Regulations
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  Federal Register / Vol. 81, No. 242 / Friday, December 16, 2016 / 
Rules and Regulations  

[[Page 90949]]



DEPARTMENT OF TREASURY

Office of the Comptroller of the Currency

12 CFR Part 4

[Docket ID OCC-2016-0001]
RIN 1557-AE01

FEDERAL RESERVE SYSTEM

12 CFR Parts 208 and 211

[Docket No. R-1531]
RIN 7100-AE45

FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Parts 337, 347, and 390

RIN 3064-AE42


Expanded Examination Cycle for Certain Small Insured Depository 
Institutions and U.S. Branches and Agencies of Foreign Banks

AGENCY: Office of the Comptroller of the Currency (OCC), Treasury; 
Board of Governors of the Federal Reserve System (Board); and Federal 
Deposit Insurance Corporation (FDIC).

ACTION: Joint final rules.

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SUMMARY: The OCC, Board, and FDIC (collectively, the agencies) are 
jointly adopting as final and without change the agencies' interim 
final rules published in the Federal Register on February 29, 2016, 
that implemented section 83001 of the Fixing America's Surface 
Transportation Act (FAST Act). Section 83001 of the FAST Act permits 
the agencies to conduct a full-scope, on-site examination of qualifying 
insured depository institutions with less than $1 billion in total 
assets no less than once during each 18-month period. Prior to 
enactment of the FAST Act, only qualifying insured depository 
institutions with less than $500 million in total assets were eligible 
for an 18-month on-site examination cycle. The final rules, like the 
interim final rules, generally allow well capitalized and well managed 
institutions with less than $1 billion in total assets to benefit from 
the extended 18-month examination schedule. In addition, the final 
rules adopt as final parallel changes to the agencies' regulations 
governing the on-site examination cycle for U.S. branches and agencies 
of foreign banks, consistent with the International Banking Act of 
1978. Finally, through this rulemaking, the FDIC has integrated its 
regulations regarding the frequency of safety and soundness 
examinations for State nonmember banks and State savings associations.

DATES: Effective on January 17, 2017.

FOR FURTHER INFORMATION CONTACT: 
    OCC: Deborah Katz, Assistant Director, or Melissa J. Lisenbee, 
Attorney, Legislative and Regulatory Activities Division, (202) 649-
5490; Scott Schainost, Midsize and Community Bank Supervision Liaison, 
Midsize and Community Bank Supervision, (202) 649-8173.
    Board: Division of Banking Supervision and Regulation--Richard 
Naylor, Associate Director, (202) 728-5854; Richard Watkins, Deputy 
Associate Director, (202) 452-3421; Virginia Gibbs, Manager, (202) 452-
2521; or Alexander Kobulsky, Supervisory Financial Analyst, (202) 452-
2031; and Legal Division--Laurie Schaffer, Associate General Counsel, 
(202) 452-2277; Brian Chernoff, Senior Attorney, (202) 452-2952; or 
Mary Watkins, Attorney, (202) 452-3722.
    FDIC: Thomas F. Lyons, Chief, Policy and Program Development, (202) 
898-6850, Karen Jones Currie, Senior Examination Specialist, (202) 898-
3981 for the Division of Risk Management Supervision; Mark A. Mellon, 
Counsel, (202) 898-3884 for revisions to 12 CFR part 337; Rodney D. 
Ray, Counsel, (202) 898-3556 for revisions to 12 CFR part 347; Suzanne 
J. Dawley, Senior Attorney, (202) 898-6509 for revisions to 12 CFR part 
390 for the Legal Division.

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 10(d) of the Federal Deposit Insurance Act (FDI Act) \1\ 
generally requires the appropriate Federal banking agency for an 
insured depository institution (IDI) to conduct a full-scope, on-site 
examination of the institution at least once during each 12-month 
period. Prior to enactment of section 83001 of the FAST Act,\2\ section 
10(d)(4) of the FDI Act authorized the appropriate Federal banking 
agency to extend the on-site examination cycle for an IDI to at least 
once during an 18-month period if the IDI (1) had total assets of less 
than $500 million; (2) was well capitalized (as defined in 12 U.S.C. 
1831o); (3) was found, at its most recent examination, to be well 
managed \3\ and to have a composite condition of ``outstanding'' or, in 
the case of an institution that has total assets of not more than $100 
million, ``outstanding'' or ``good;'' (4) was not subject to a formal 
enforcement proceeding or order by the FDIC or its appropriate Federal 
banking agency; and (5) had not undergone a change in control during 
the previous 12-month period in which a full-scope, on-site examination 
otherwise would have been required. Section 10(d)(10) of the FDI Act, 
prior to the enactment of section 83001 of the FAST Act, also gave the 
agencies discretionary authority to raise the eligibility size limit 
for the 18-month examination cycle for otherwise qualifying IDIs with 
an ``outstanding'' or ``good'' composite rating from $100 million to an 
amount not to exceed $500 million in total assets if the agencies 
determined that the higher limit would be consistent with the 
principles of

[[Page 90950]]

safety and soundness.\4\ Under section 10(d)(3), the Board and the 
FDIC, as the appropriate Federal banking agencies for State-chartered 
insured banks and savings associations, are permitted to conduct on-
site examinations of such IDIs on alternating 12-month or 18-month 
periods with the institution's State supervisor, if the Board or FDIC, 
as appropriate, determines that the alternating examination conducted 
by the State carries out the purposes of section 10(d) of the FDI 
Act.\5\
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    \1\ 12 U.S.C. 1820(d). Section 10(d) of the FDI Act was added by 
section 111 of the Federal Deposit Insurance Corporation Improvement 
Act of 1991.
    \2\ Public Law 114-94, 129 Stat. 1312 (2015).
    \3\ Depository institutions are evaluated under the Uniform 
Financial Institutions Rating System (commonly referred to as 
``CAMELS''). CAMELS is an acronym that is drawn from the first 
letters of the individual components of the rating system: Capital 
adequacy, Asset quality, Management, Earnings, Liquidity, and 
Sensitivity to market risk. CAMELS ratings of ``1'' and ``2'' 
correspond with ratings of ``outstanding'' and ``good.'' In addition 
to having a CAMELS composite rating of ``1'' or ``2,'' an IDI is 
considered to be ``well managed'' for the purposes of section 10(d) 
of the FDI Act only if the IDI also received a rating of ``1'' or 
``2'' for the management component of the CAMELS rating at its most 
recent examination. See 72 FR 17798 (Apr. 10, 2007).
    \4\ 12 U.S.C. 1820(d)(10).
    \5\ 12 U.S.C. 1820(d)(3).
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    Section 7(c)(1)(C) of the International Banking Act (IBA) provides 
that a Federal or a State branch or agency of a foreign bank shall be 
subject to on-site examination by its appropriate Federal banking 
agency or State bank supervisor as frequently as a national or State 
bank would be subject to such an examination by the agency.\6\ The 
agencies previously adopted regulations to implement the examination 
cycle requirements of section 10(d) of the FDI Act and section 
7(c)(1)(C) of the IBA, including the extended 18-month examination 
cycle available to qualifying small institutions and U.S. branches and 
agencies of foreign banks.\7\ The agencies have also exercised their 
discretion, under section 10(d)(10) of the FDI Act, to extend the 18-
month examination cycle for otherwise qualifying institutions with 
``good'' composite ratings,\8\ first, in 1997, for such institutions 
with total assets of $250 million or less, and, again, in 2007, for 
such institutions with total assets of $500 million or less.\9\
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    \6\ 12 U.S.C. 3105(c)(1)(C).
    \7\ See 12 CFR 4.6 and 4.7 (OCC), 12 CFR 208.64 and 211.26 
(Board), 12 CFR 337.12, 347.211, and 390.351 (FDIC).
    \8\ Corresponding to a CAMELS or Risk management, Operational 
controls, Compliance, and Asset quality (ROCA) rating of ``2.''
    \9\ See 62 FR 6449 (Feb. 12, 1997) (interim final rule); see 
also 63 FR 16377 (Apr. 2, 1998) (final rule); see also 72 FR 17798 
(Apr. 10, 2007) (interim final rule); see also 72 FR 54347 (Sept. 
25, 2007) (final rule).
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    Section 83001 of the FAST Act, effective on December 4, 2015, 
amended section 10(d) of the FDI Act to raise, from $500 million to $1 
billion, the total asset threshold below which an agency may apply an 
18-month (rather than a 12-month) on-site examination cycle for IDIs 
with ``outstanding'' composite ratings, and to raise, from not more 
than $100 million to not more than $200 million, the total asset 
threshold below which an agency may apply an 18-month examination cycle 
to an institution with an ``outstanding'' or ``good'' composite 
rating.\10\ Section 83001 also amended section 10(d)(10) of the FDI Act 
to authorize the appropriate Federal banking agency to increase, by 
regulation, the maximum amount limitation for IDIs with ``outstanding'' 
or ``good'' composite ratings from not more than $200 million to not 
more than $1 billion if the appropriate Federal banking agency 
determines that the higher amount would be consistent with the 
principles of safety and soundness for IDIs.\11\
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    \10\ Public Law 114-94, 129 Stat. 1312 (2015).
    \11\ Id.
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    These FAST Act amendments reduce regulatory burdens on small, well 
capitalized, and well managed institutions and allow the agencies to 
better focus their supervisory resources on those IDIs and U.S. 
branches and agencies of foreign banks that may present capital, 
managerial, or other issues of supervisory concern.

II. Discussion of the Final Rules

    On February 29, 2016, the agencies published and requested comment 
on interim final rules to implement the amendments to section 10(d) 
made by section 83001 of the FAST Act.\12\ The agencies are adopting 
the interim final rules as final without change. In particular, the 
agencies are adopting as final the increase, from $500 million to $1 
billion, in the total asset threshold below which an IDI that meets the 
criteria in section 10(d) and the agencies' rules may qualify for an 
18-month, full-scope, on-site examination cycle. In addition, as 
authorized by section 83001 of the FAST Act, the agencies have 
determined that it is consistent with principles of safety and 
soundness to permit institutions with total assets of $200 million or 
greater and not exceeding $1 billion that received a composite CAMELS 
rating of ``1'' or ``2,'' and that meet other qualifying criteria set 
forth in section 10(d) and the agencies' rules, to qualify for an 18-
month examination cycle. Consistent with section 7(c)(1)(C) of the IBA, 
the agencies also are adopting as final conforming changes to the 
regulations that govern the on-site examination cycle of a U.S. branch 
or agency of a foreign bank. These changes permit a U.S. branch or 
agency of a foreign bank with total assets of less than $1 billion to 
qualify for an 18-month examination cycle if the U.S. branch or agency 
of a foreign bank received a composite ROCA rating of ``1'' or ``2'' at 
its most recent examination and meets the other applicable criteria.
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    \12\ 81 FR 10063 (Feb. 29, 2016).
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    The FDIC analyzed the frequency with which institutions rated a 
composite CAMELS rating of ``1'' or ``2'' failed within five years, 
versus the frequency with which institutions rated a composite CAMELS 
rating of ``3,'' ``4,'' or ``5'' failed within five years. FDIC 
analysis indicates that between 1985 and 2011,\13\ FDIC-insured 
depository institutions with assets less than $1 billion and a 
composite CAMELS rating of ``1'' or ``2'' had a five-year failure rate 
that was one-seventh as high as institutions with a CAMELS rating of 
``3,'' ``4,'' or ``5.'' Moreover, the relationship between failure 
rates in the two ratings groups did not meaningfully change when the 
analysis was restricted to institutions with assets between $200 
million and $500 million compared to institutions with assets between 
$500 million to $1 billion. This analysis suggests that extending the 
examination cycle for well-rated institutions with $500 million to $1 
billion in assets by an additional six months, combined with the 
agencies' off-site monitoring activities and ability to examine an 
institution more frequently as necessary or appropriate, is unlikely to 
negatively affect the safe and sound operations of qualifying 
institutions or the ability of the agencies to effectively supervise 
and protect the safety and soundness of institutions with total assets 
of less than $1 billion.\14\ Furthermore, the agencies note that, in 
order to qualify for an 18-month examination cycle, any institution 
with total assets of less than $1 billion--including one with a CAMELS 
composite rating of ``2''--must meet the other capital, managerial, and 
supervisory criteria set forth in section 10(d). The agencies estimate 
that the changes adopted by the final rules will increase the number of 
institutions that may qualify for an extended 18-month examination 
cycle by approximately 611 institutions (372 of which are supervised by 
the FDIC, 142 by the OCC, and 97 by the Board), bringing the total 
number of institutions that may qualify for an extended 18-month 
examination cycle to 4,793 IDIs.\15\ Approximately 89 U.S. branches and 
agencies of foreign banks would be eligible for the extended 
examination cycle based on the final rules, an increase of 30 (one of 
which is

[[Page 90951]]

supervised by the FDIC, four by the OCC, and 25 by the Board).\16\
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    \13\ A list of failed institutions can be found on the FDIC's 
Web site at https://www.fdic.gov/bank/individual/failed/banklist.html.
    \14\ The agencies continue to reserve the right in their 
regulations to examine an IDI or U.S. branch or agency of a foreign 
bank more frequently than is required by the FDI Act or IBA. See 12 
CFR 4.6(c) and 4.7(c) (OCC), 12 CFR 208.64(c) and 211.26(c)(3) 
(Board), 12 CFR 337.12(c), 347.211(c) (FDIC), and 390.351(c).
    \15\ Call report data, March 31, 2016.
    \16\ Id.
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    Finally, the FDIC is adopting as final changes made in the interim 
final rules to integrate its regulations regarding the frequency of 
safety and soundness examinations for State nonmember banks and State 
savings associations. Twelve CFR 390.351 was rescinded and removed 
because it was substantively identical to 12 CFR 337.12 and, therefore, 
redundant to section 12 CFR 337.12. Twelve CFR 337.12 was amended to 
reflect the authority of the FDIC under section 4(a) of the Home 
Owners' Loan Act to provide for the examination and safe and sound 
operation of State savings associations. State savings associations now 
are within the scope of 12 CFR 337.12, and, all FDIC-supervised 
institutions, including State savings associations, are subject to the 
requirements of 12 CFR 337.12.
    The agencies received three comment letters in response to the 
interim final rules. Two commenters, both industry trade groups, 
supported the interim final rules. Both commenters agreed that 
extending the examination cycle for IDIs that meet the interim final 
rules' criteria would not negatively affect the safe and sound 
operations of the institutions or the ability of the agencies to 
supervise them. The third commenter, an individual, did not support the 
interim final rules, but offered no specific reasons for that 
opposition.
    For the reasons described in this section, the agencies are 
adopting these rules as final without change.

Effective Date

    The Administrative Procedure Act (APA) generally requires that a 
final rule be published in the Federal Register no less than 30 days 
before its effective date.\17\ Therefore, the final rules will become 
effective on January 17, 2017. The interim final rules will continue to 
be in effect until the final rules become effective.
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    \17\ 5 U.S.C. 553(d).
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    Section 302 of the Riegle Community Development and Regulatory 
Improvement Act of 1994 (RCDRIA) requires that each Federal banking 
agency, in determining the effective date and administrative compliance 
requirements for new regulations that impose additional reporting, 
disclosures, or other requirements on IDIs, consider, consistent with 
principles of safety and soundness and the public interest, any 
administrative burdens that such regulations would place on depository 
institutions, including small depository institutions, and customers of 
depository institutions, as well as the benefits of such 
regulations.\18\ Further, new regulations that impose additional 
reporting, disclosures, or other new requirements on IDIs generally 
must take effect on the first day of a calendar quarter that begins on 
or after the date on which the regulations are published in final 
form.\19\ The final rules adopt the interim final rules without change. 
The RCDRIA does not apply to the final rules because the rules do not 
impose any additional reporting, disclosures, or other new requirements 
on IDIs.
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    \18\ 12 U.S.C. 4802(a).
    \19\ 12 U.S.C. 4802(b).
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III. Regulatory Analysis

A. Plain Language

    Section 722 of the Gramm-Leach-Bliley Act \20\ requires the Federal 
banking agencies to use plain language in all proposed and final rules 
published after January 1, 2000. The agencies' staff believe the final 
rules are presented in a clear and straightforward manner and having 
received no comments on how to make the interim final rules easier to 
understand, the agencies adopt the final rules without change.
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    \20\ Pub. L. 106-102, section 722, 113 Stat. 1338, 1471 (1999).
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B. Regulatory Flexibility Act

    Board: Regulatory Flexibility Act \21\ (RFA) requires an agency to 
prepare a final regulatory flexibility analysis (FRFA) when an agency 
promulgates a final rule, unless pursuant to section 605(b) of the RFA, 
the agency certifies that the final rule will not, if promulgated, have 
a significant economic impact on a substantial number of small 
entities. In this context, small entities include banking entities with 
total assets less than or equal to $550 million.
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    \21\ 5 U.S.C. 601 et seq.
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    The final rules do not have a significant impact on a substantial 
number of small entities. Like the interim final rules, the final rules 
expand the number of institutions eligible for an extended examination 
cycle, thus reducing the regulatory burden associated with on-site 
examinations for these institutions. Further, only 22 of the 122 Board-
regulated institutions affected by the final rules have assets between 
$500 million and $550 million and thus would be considered small 
entities. These 22 institutions represent a small percentage (3.3 
percent) of the 657 Board-supervised institutions with total assets 
less than $550 million.\22\ For these reasons, the Board certifies that 
the final rules will not have a significant impact on a substantial 
number of small entities as defined in the RFA,\23\ and therefore, a 
regulatory flexibility analysis is not required.
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    \22\ Call report data, March 31, 2016.
    \23\ 5 U.S.C. 601 et seq.
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    FDIC: The RFA\24\ requires an agency, in connection with a notice 
of final rulemaking, to prepare a FRFA analysis describing the impact 
of the rule on small entities (defined by the Small Business 
Administration for the purposes of the RFA to include banking entities 
with total assets of $550 million or less) or to certify that the final 
rule will not have a significant economic impact on a substantial 
number of small entities.
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    \24\ Id.
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    The final rule does not impose any significant economic impact on a 
substantial number of small entities. The final rule raises the asset 
eligibility threshold for extended examination cycles from $500 million 
to $1 billion, expanding the number of qualifying institutions and U.S. 
branches and agencies of foreign banks, and reduces the regulatory 
burden associated with on-site examinations. Of the 372 FDIC-supervised 
institutions that could be impacted by the rule, only 71 of the FDIC-
supervised institutions have total assets between $500 million and $550 
million which is a very small share (2.5 percent) of the 2,817 FDIC-
supervised institutions with total assets less than $550 million.\25\ 
For this reason, the FDIC certifies that the final rule will not have a 
significant economic impact on a substantial number of small entities 
as defined in the RFA, and therefore, a regulatory flexibility analysis 
is not required.
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    \25\ Call report data, March 31, 2016.
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    OCC: The RFA applies only to rules for which an agency publishes a 
general notice of proposed rulemaking pursuant to 5 U.S.C. 553(b). 
Consistent with section 553(b)(B) of the APA, the agencies determined 
for good cause that general notice and opportunity for public comment 
were not necessary and issued an interim final rule rather than a 
proposed rule. Accordingly, the RFA's requirements relating to initial 
and final regulatory flexibility analyses do not apply.

C. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 \26\ states that no agency may 
conduct or sponsor, nor is the respondent required to respond to, an

[[Page 90952]]

information collection unless it displays a currently valid Office of 
Management and Budget (OMB) control number. Because the final rules do 
not create a new, or revise an existing collection of information, no 
information collection submission needs to be made to OMB.
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    \26\ 44 U.S.C. 3501-3521.
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D. The Economic Growth and Regulatory Paperwork Reduction Act

    Under section 2222 of the Economic Growth and Regulatory Paperwork 
Reduction Act of 1996 (EGRPRA),\27\ the agencies are required to 
conduct a review at least once every 10 years to identify any outdated 
or otherwise unnecessary regulations. The agencies completed the last 
comprehensive review of their regulations under EGRPRA in 2006 and are 
currently conducting the next decennial review. The burden reduction 
evidenced in these final rules is consistent with the objectives of the 
EGRPRA review process.
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    \27\ Public Law 104-208, 110 Stat. 3309 (1996).
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Authority and Issuance

0
For the reasons set forth in the joint preamble, the interim rule 
published on February 29, 2016 at 81 FR 10063, is adopted as final 
without change.

    Dated: October 19, 2016.
Thomas J. Curry,
Comptroller of the Currency.

    Board of Governors of the Federal Reserve System, December 6, 
2016.

Robert deV. Frierson,
Secretary of the Board.
    Dated at Washington, DC, this 19th day of October 2016.

    By order of the Board of Directors.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2016-30133 Filed 12-15-16; 8:45 am]
 BILLING CODE 4810-33-P 6210-01-P 6714-01-P