[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Rules and Regulations]
[Pages 7635-7636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00612]
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FEDERAL RESERVE SYSTEM
12 CFR Part 201
[Docket No. R-1558]
RIN 7100 AE-66
Regulation A: Extensions of Credit by Federal Reserve Banks
AGENCY: Board of Governors of the Federal Reserve System.
ACTION: Final rule.
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SUMMARY: The Board of Governors of the Federal Reserve System
(``Board'') has adopted final amendments to its Regulation A to reflect
the Board's approval of an increase in the rate for primary credit at
each Federal Reserve Bank. The secondary credit rate at each Reserve
Bank automatically increased by formula as a result of the Board's
primary credit rate action.
DATES: The amendments to part 201 (Regulation A) are effective January
23, 2017. The rate changes for primary and secondary credit were
effective as determined by the Board in its December 14, 2016
announcement.
FOR FURTHER INFORMATION CONTACT: Clinton Chen, Attorney (202-452-3952),
or Sophia Allison, Special Counsel, (202-452-3565), Legal Division, or
Lyle Kumasaka, Senior Financial Analyst (202-452-2382); for users of
Telecommunications Device for the Deaf (TDD) only, contact 202-263-
4869; Board of Governors of the Federal Reserve System, 20th and C
Streets NW., Washington, DC 20551.
SUPPLEMENTARY INFORMATION: The Federal Reserve Banks make primary and
secondary credit available to depository institutions as a backup
source of funding on a short-term basis, usually overnight. The primary
and secondary credit rates are the interest rates that the twelve
Federal Reserve Banks charge for extensions of credit under these
programs. In accordance with the Federal Reserve Act, the primary and
secondary credit rates are established by the boards of directors of
the Federal Reserve Banks, subject to the review and determination of
the Board.
The Board voted to approve a \1/4\ percentage point increase in the
primary credit rate in effect at each of the twelve Federal Reserve
Banks, thereby increasing from 1.00 percent to 1.25 percent the rate
that each Reserve Bank charges for extensions of primary credit. In
addition, the Board had previously approved to renew the formula for
the secondary credit rate, the primary credit rate plus 50 basis
points. Under the formula, the secondary credit rate in effect at each
of the twelve Federal Reserve Banks increased by \1/4\ percentage point
as a result of the Board's primary credit rate action, thereby
increasing from 1.50 percent to 1.75 percent the rate that each Reserve
Bank charges for extensions of secondary credit. The amendments to
Regulation A reflect these rate changes.
The rate changes for primary and secondary credit were effective as
determined by the Board in its December 14, 2016 announcement.\1\
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\1\ Federal Reserve Implementation Note, ``Decisions Regarding
Monetary Policy Implementation'' (Dec. 14, 2016), https://www.federalreserve.gov/newsevents/press/monetary/20161214a1.htm.
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The \1/4\ percentage point increase in the primary credit rate was
associated with an increase in the target range for the federal funds
rate (from a target range of \1/4\ to \1/2\ percent to a target range
of \1/2\ to \3/4\ percent) announced by the Federal Open Market
Committee (``Committee'') on December 14, 2016, as described in the
Board's amendment of its Regulation D published elsewhere in today's
Federal Register.
The presentation of the interest rates for primary and secondary
credit has been changed in the Code of Federal Regulations to improve
clarity.
Administrative Procedure Act
In general, the Administrative Procedure Act (12 U.S.C. 551 et
seq.) (``APA'') imposes three principal requirements when an agency
promulgates legislative rules (rules made pursuant to congressionally
delegated authority): (1) Publication with adequate notice of a
proposed rule; (2) followed by a meaningful opportunity for the public
to comment on the rule's content; and (3) publication of the final rule
not less than 30 days before its effective date. The APA provides that
notice and comment procedures do not apply if the agency for good cause
finds them to be ``unnecessary, impracticable, or contrary to the
public interest.'' 12 U.S.C. 553(b)(3)(A). Section 553(d) of the APA
also provides that publication not less than 30 days prior to a rule's
effective date is not required for (1) a substantive rule which grants
or recognizes an exemption or relieves a restriction; (2) interpretive
rules and statements of policy; or (3) an agency finding good cause for
shortened notice and publishing its reasoning with the rule. 12 U.S.C.
553(d). The APA further provides that the notice, public comment, and
delayed effective date requirements of 5 U.S.C. 553 do not apply ``to
the extent that there is involved . . . a matter relating to agency
management or personnel or to public property, loans, grants, benefits,
or contracts.'' 5 U.S.C. 553(a)(2) (emphasis added).
Regulation A establishes the interest rates that the twelve Reserve
Banks charge for extensions of primary credit and secondary credit.
Accordingly, the Board has determined that the notice, public comment,
and delayed effective date requirements of 5 U.S.C. 553 do not apply to
the final amendments to Regulation A because the amendments involve a
matter relating to loans. In addition, the Board has determined that,
were the APA's requirements for notice, public comment, and delayed
effective date to apply to the final amendments to Regulation A, those
requirements would be unnecessary and contrary to the public interest.
Delay in implementation of changes to the rates charged on primary
credit and secondary credit would permit insured depository
institutions to profit improperly from the difference in the current
rate and the announced increased rate. Delay would also undermine the
Board's action in
[[Page 7636]]
responding to economic data and conditions. For these reasons, the
Board has determined that ``good cause'' within the meaning of the APA
exists to dispense with the notice, public comment, and delayed
effective date procedures of the APA with respect to the final
amendments to Regulation A.
Regulatory Flexibility Analysis
The Regulatory Flexibility Act (``RFA'') does not apply to a
rulemaking where a general notice of proposed rulemaking is not
required.\2\ As noted previously, a general notice of proposed
rulemaking is not required if the final rule involves a matter relating
to loans. Furthermore, the Board has determined that it is unnecessary
and contrary to the public interest to publish a general notice of
proposed rulemaking for this final rule. Accordingly, the RFA's
requirements relating to an initial and final regulatory flexibility
analysis do not apply.
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\2\ 5 U.S.C. 603 and 604.
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Paperwork Reduction Act
In accordance with the Paperwork Reduction Act (``PRA'') of 1995
(44 U.S.C. 3506; 5 CFR part 1320 Appendix A.1), the Board reviewed the
final rule under the authority delegated to the Board by the Office of
Management and Budget. The final rule contains no requirements subject
to the PRA.
List of Subjects in 12 CFR Part 201
Banks, banking, Federal Reserve System, Reporting and
recordkeeping.
Authority and Issuance
For the reasons set forth in the preamble, the Board is amending 12
CFR Chapter II to read as follows:
12 CFR CHAPTER II
PART 201--EXTENSIONS OF CREDIT BY FEDERAL RESERVE BANKS (REGULATION
A)
0
1. The authority citation for part 201 continues to read as follows:
Authority: 12 U.S.C. 248(i)-(j), 343 et seq., 347a, 347b, 347c,
348 et seq., 357, 374, 374a, and 461.
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2. In Sec. 201.51, paragraphs (a) and (b) are revised to read as
follows:
Sec. 201.51 Interest rates applicable to credit extended by a Federal
Reserve Bank.\3\
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\3\ The primary, secondary, and seasonal credit rates described
in this section apply to both advances and discounts made under the
primary, secondary, and seasonal credit programs, respectively.
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(a) Primary credit. The interest rate at each Federal Reserve Bank
for primary credit provided to depository institutions under Sec.
201.4(a) is 1.25 percent.
(b) Secondary credit. The interest rate at each Federal Reserve
Bank for secondary credit provided to depository institutions under
Sec. 201.4(b) is 1.75 percent.
* * * * *
By order of the Board of Governors of the Federal Reserve
System, January 9, 2017.
Robert deV. Frierson,
Secretary of the Board.
[FR Doc. 2017-00612 Filed 1-19-17; 8:45 am]
BILLING CODE 6210-01-P