[Federal Register Volume 84, Number 235 (Friday, December 6, 2019)]
[Rules and Regulations]
[Pages 66833-66838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25897]


=======================================================================
-----------------------------------------------------------------------

FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Part 327

RIN 3064-AE98


Assessments

AGENCY: Federal Deposit Insurance Corporation (FDIC).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FDIC is amending its deposit insurance assessment 
regulations to apply the community bank leverage ratio (CBLR) framework 
to the deposit insurance assessment system (CBLR Assessments final 
rule). The FDIC, the Board of Governors of the Federal Reserve System 
(Federal Reserve) and the Office of the Comptroller of the Currency 
(OCC) (collectively, the Federal banking agencies) are considering, and 
are expected to adopt, a final rule that provides for a simple measure 
of capital adequacy for certain community banking organizations (CBLR 
final rule). The CBLR Assessments final rule: prices all insured 
depository institutions (IDIs) that elect to use the CBLR framework as 
small institutions; makes technical amendments to the FDIC's assessment 
regulations to ensure that the assessment regulations continue to 
reference the prompt corrective action (PCA) regulations for the 
definitions of capital categories used in the deposit insurance 
assessment system; and clarifies that an IDI that elects to use the 
CBLR framework and also meets the definition of a custodial bank will 
have no change to its custodial bank deduction or reporting items 
required to calculate the deduction. The final rule does not make any 
changes to the FDIC's assessment methodology for small or large 
institutions.

DATES: The final rule is effective January 1, 2020.

FOR FURTHER INFORMATION CONTACT: Ashley Mihalik, Chief, Banking and 
Regulatory Policy Section, Division of Insurance and Research, (202) 
898-3793, [email protected]; Daniel Hoople, Senior Financial Economist, 
Banking and Regulatory Policy Section, Division of Insurance and 
Research, [email protected]; (202) 898-3835; Nefretete Smith, Counsel, 
Legal Division, (202) 898-6851, [email protected].

SUPPLEMENTARY INFORMATION:

I. Policy Objectives

    The Federal Deposit Insurance Act (FDI Act) requires that the FDIC 
establish a risk-based deposit insurance

[[Page 66834]]

assessment system.\1\ Pursuant to this requirement, the FDIC first 
adopted a risk-based deposit insurance assessment system that applied 
to all insured depository institutions (IDIs) and became effective in 
1993.\2\ The FDIC implemented a risk-based assessment system with the 
goals of making the deposit insurance system fairer to well-run 
institutions and encouraging weaker institutions to improve their 
condition, and thus, promote the safety and soundness of IDIs.\3\ 
Deposit insurance assessments based on risk also provide incentives for 
IDIs to monitor and reduce risks that could increase potential losses 
to the deposit insurance fund (DIF). Since 1993, the FDIC has met its 
statutory mandate and has pursued these policy goals by periodically 
introducing improvements to the deposit insurance assessment system's 
ability to differentiate for risk.
---------------------------------------------------------------------------

    \1\ 12 U.S.C. 1817(b). Generally, a ``risk-based assessment 
system'' means a system for calculating a depository institution's 
assessment based on the institution's probability of causing a loss 
to the Deposit Insurance Fund (DIF) due to the composition and 
concentration of the institution's assets and liabilities, the 
likely amount of any such loss, and the revenue needs of the DIF. 
See 12 U.S.C. 1817(b)(1)(C).
    \2\ 57 FR 45263 (Oct. 1, 1992).
    \3\ See 57 FR 45264.
---------------------------------------------------------------------------

    The primary objective of the CBLR Assessments final rule is to 
incorporate the CBLR framework \4\ into the current risk-based deposit 
insurance assessment system in a manner that maximizes regulatory 
relief for small institutions and maintains fair and appropriate 
pricing of deposit insurance. This final rule will only result in a 
change to assessments for a very limited subset of banks \5\--those 
banks that elect to use the CBLR framework and would have otherwise 
been assessed as a large institution under current assessment 
regulations. Based on data from the Consolidated Reports of Condition 
and Income (Call Report) as of March 31, 2019, only one bank that was 
assessed as a large institution also met the qualifying criteria to be 
eligible to opt into the CBLR framework.
---------------------------------------------------------------------------

    \4\ In this rule, the term ``CBLR framework'' refers to the 
simplified reporting of capital adequacy that was adopted by the 
Federal banking agencies in the CBLR final rule.
    \5\ As used in this rule, the term ``bank'' is synonymous with 
the term ``insured depository institution'' as it is used in section 
3(c)(2) of the FDI Act, 12 U.S.C. 1813(c)(2).
---------------------------------------------------------------------------

II. Background

    The FDIC assesses all IDIs an amount for deposit insurance equal to 
the bank's deposit insurance assessment base multiplied by its risk-
based assessment rate.\6\ A bank's assessment base and risk-based 
assessment rate depend, in part, on items reported on the capital 
schedule of the Call Report. Under the CBLR final rule, a bank that 
elects to use the framework will only be required to report the 
components of its tier 1 leverage ratio (leverage ratio), which will be 
used to determine whether a bank is deemed ``well capitalized'' and 
thus in compliance with all regulatory capital requirements.
---------------------------------------------------------------------------

    \6\ See 12 CFR 327.3(b)(1).
---------------------------------------------------------------------------

A. CBLR Framework

    On February 8, 2019, the Federal banking agencies published in the 
Federal Register a notice of proposed rulemaking (CBLR NPR) that would 
have provided a simple alternative methodology to measure capital 
adequacy for qualifying community banking organizations, consistent 
with Section 201 of the Economic Growth, Regulatory Relief, and 
Consumer Protection Act (EGRRCPA or the Act).7 8 In the CBLR 
NPR, the Federal banking agencies proposed, among other things, to 
define tangible equity capital (tangible equity).\9\ The Federal 
banking agencies further proposed that a qualifying community banking 
organization \10\ could have elected to use the CBLR framework if its 
CBLR \11\ was greater than 9 percent. Under the proposed CBLR 
framework, a bank would have reported its CBLR and other relevant 
information on a simpler regulatory capital schedule in the Call 
Report, as opposed to the current schedule RC-R of the Call Report.\12\ 
Finally, under the CBLR NPR, a bank that elected to use the CBLR 
framework would have been required to have a CBLR greater than 9 
percent to be considered well capitalized.\13\ For banks with a CBLR 
equal to or less than 9 percent, the Federal banking agencies proposed 
proxy CBLR thresholds for the adequately capitalized, undercapitalized, 
and significantly undercapitalized PCA categories.\14\
---------------------------------------------------------------------------

    \7\ See 84 FR 3062 (February 8, 2019).
    \8\ Public Law 115-174 (May 24, 2018). The Act defines a 
qualifying community banking organization as a depository 
institution or depository institution holding company with total 
consolidated assets of less than $10 billion. See section 
201(a)(3)(A) of the Act. In addition, the Act states that the 
Federal banking agencies may determine that a banking organization 
is not a qualifying community bank based on its risk profile. See 
section 201(a)(3)(B) of the Act. A qualifying community banking 
organization that reports a CBLR (defined in the Act as the ratio of 
tangible equity capital to average total consolidated assets, both 
as reported on an institution's applicable regulatory filing) 
exceeding the level established by the Federal banking agencies of 
not less than 8 percent and not more than 10 percent shall be 
considered well capitalized. See generally section 201(b) of the 
Act.
    \9\ See 84 FR 3068-69 (defining tangible equity capital as total 
bank equity capital, prior to including minority interests, and 
excluding accumulated other comprehensive income, deferred tax 
assets arising from net operating loss and tax credit carryforwards, 
goodwill, and certain other intangible assets, calculated in 
accordance with a qualifying community bank organization's 
regulatory reports).
    \10\ In accordance with the Act, the Federal banking agencies 
proposed to define a qualifying community bank generally as a 
depository institution or depository institution holding company 
that is not an advanced approaches banking organization and that has 
less than $10 billion in total consolidated assets and limited 
amounts of off-balance sheet exposures, trading assets and 
liabilities, mortgage servicing assets, and certain deferred tax 
assets. See 84 FR 3065-67.
    \11\ See 84 FR 3064 (stating that the CBLR would be calculated 
as the ratio of tangible equity capital divided by average total 
consolidated assets).
    \12\ The Federal banking agencies separately sought comment on 
proposed revisions to regulatory reports consistent with the changes 
proposed in the CBLR NPR. See 84 FR 16560 (April 19, 2019).
    \13\ See 84 FR 3064 and 3071. However, to be considered and 
treated as well capitalized under the proposed CBLR framework, and 
consistent with the Federal banking agencies' current PCA rule, the 
qualifying community banking organization would have been required 
to demonstrate that it was not subject to any written agreement, 
order, capital directive, or prompt corrective action directive to 
meet and maintain a specific capital level for any capital measure. 
See 84 FR 3064.
    \14\ See 84 FR 3071-72.
---------------------------------------------------------------------------

    In response to comments received on the CBLR NPR, the Federal 
banking agencies adopted a final rule (CBLR final rule) that makes 
several changes to the proposed CBLR framework.\15\ The CBLR final rule 
provides that to be a ``qualified community banking organization,'' a 
depository institution or depository institution holding company must 
not be an advanced approaches banking organization \16\ and must have 
less than $10 billion in total consolidated assets, meet certain risk-
based qualifying criteria, and have a leverage ratio of greater than 9 
percent.\17\ Under the final rule, the numerator of the CBLR is the 
existing measure of tier 1 capital used by non-advanced approaches 
banking organizations (replacing the proposed

[[Page 66835]]

measure of tangible equity.) 18 19 Due to the adoption of 
tier 1 capital, the CBLR generally is calculated in the same manner as 
the leverage ratio under the Federal banking agencies' generally 
applicable risk-based and leverage capital requirements in the 
agencies' capital rule (generally applicable capital rule)--tier 1 
capital divided by average total consolidated assets minus amounts 
deducted from tier 1 capital.\20\ Thus, the CBLR final rule 
incorporates and refers to the generally applicable capital rule's 
leverage ratio.
---------------------------------------------------------------------------

    \15\ See 84 FR 61776 (November 13, 2019).
    \16\ An advanced approaches banking organization is generally 
defined as a firm with at least $250 billion in total consolidated 
assets or at least $10 billion in total on-balance sheet foreign 
exposure, and depository institution subsidiaries of those firms. 
Proposed rulemakings to tailor capital and liquidity requirements 
applicable to large banking organizations may result in changing the 
definition of advanced approaches banking organization. See 83 FR 
66024 (December 21, 2018) and 84 FR 24296 (May 24, 2019).
    \17\ The risk-based qualifying criteria under the CBLR final 
rule include total off-balance sheet exposures (excluding 
derivatives other than sold credit derivatives and unconditionally 
cancelable commitments) of 25 percent or less of total consolidated 
assets and total trading assets plus trading liabilities of 5 
percent or less of total consolidated assets. The Federal banking 
agencies did not adopt the deferred tax asset and mortgage servicing 
asset qualifying criteria included as part of the CBLR NPR. See 84 
FR 61779-82.
    \18\ For purposes of the CBLR framework, a bank that elects to 
use the CBLR framework is not required to calculate tier 2 capital 
and therefore would not be required to make any deductions that 
would be taken from tier 2 capital or potentially tier 1 capital due 
to insufficient tier 2 capital. In the CBLR final rule, the Federal 
banking agencies noted that they do not believe this is a common 
occurrence and observed that as of March 31, 2019, very few 
community banking organizations made a deduction from tier 2 
capital. See 84 FR 61783.
    \19\ See FR 61782-83.
    \20\ See FR 61782-83.
---------------------------------------------------------------------------

    Finally, the Federal banking agencies did not adopt use of the 
proposed proxy CBLR thresholds for the adequately capitalized, 
undercapitalized, and significantly undercapitalized PCA categories in 
the CBLR final rule.\21\ Under the CBLR final rule, if a bank that has 
opted to use the CBLR framework subsequently fails to satisfy one or 
more of the qualifying criteria, but continues to report a leverage 
ratio of greater than 8 percent, the bank may continue to use the 
framework and will be deemed ``well capitalized'' for a grace period of 
up to two quarters.\22\ A qualifying community banking organization 
will be required to comply with the generally applicable capital rule 
and file the relevant regulatory reports if the banking organization: 
(1) Is unable to restore compliance with all qualifying criteria during 
the two-quarter grace period (including coming into compliance with the 
greater than 9 percent leverage ratio requirement); (2) reports a 
leverage ratio of 8 percent or less; or (3) ceases to satisfy the 
qualifying criteria due to consummation of a merger transaction.\23\
---------------------------------------------------------------------------

    \21\ See FR 61786.
    \22\ See FR 61786.
    \23\ See FR 61786.
---------------------------------------------------------------------------

B. Use of Capital Measures in the Current Deposit Insurance Assessment 
System

    Under the FDI Act, the FDIC has the authority to ``establish 
separate risk-based assessment systems for large and small members of 
the Deposit Insurance Fund.'' \24\ Separate systems for large banks and 
small banks have been in place since 2007.\25\ A bank's quarterly 
deposit insurance assessment is calculated by multiplying its 
assessment base by its assessment rate.\26\ A bank's assessment base is 
equal to its average consolidated total assets minus the average 
tangible equity.\27\ Average tangible equity is defined as tier 1 
capital.\28\ The FDIC also provides a deduction to the assessment base 
for custodial banks equal to a certain amount of low risk-weighted 
assets.\29\
---------------------------------------------------------------------------

    \24\ 12 U.S.C. 1817(b)(1)(D).
    \25\ Under the assessment regulations, a ``small institution'' 
generally is an institution with less than $10 billion in total 
assets, and a ``large institution'' generally is an institution with 
$10 billion or more in total assets. See 12 CFR 327.8(e) and (f). A 
separate system for highly complex institutions (a subset of large 
institutions) has been in place since 2011. See 12 CFR 326.16(b)(2).
    \26\ 12 CFR 327.3(b)(1).
    \27\ 12 CFR 327.5(a).
    \28\ 12 CFR 327.5(a)(2).
    \29\ See 12 CFR 327.5(c). Generally, a custodial bank is defined 
as an IDI with previous calendar year-end trust assets (that is, 
fiduciary and custody and safekeeping assets, as reported on 
Schedule RC-T of the Call Report) of at least $50 billion or those 
insured depository institutions that derived more than 50 percent of 
their revenue (interest income plus non-interest income) from trust 
activity over the previous calendar year. See 12 CFR 327.5(c)(1).
---------------------------------------------------------------------------

    Assessment rates for established small banks \30\ are calculated 
based on a formula that uses financial measures and a weighted average 
of supervisory ratings (CAMELS).\31\ The financial measures are derived 
from a statistical model estimating the probability of failure over 
three years. The measures are shown in Table 1 below.
---------------------------------------------------------------------------

    \30\ Generally, an established institution is one that has been 
federally insured for at least five years. See 12 CFR 327.8(v).
    \31\ See 12 CFR 327.16(a)(1).

   Table 1--Financial Measures Used To Determine Assessment Rates for
                         Established Small Banks
------------------------------------------------------------------------
                           Financial measures
-------------------------------------------------------------------------
 Leverage Ratio.
 Net Income before Taxes/Total Assets.
 Nonperforming Loans and Leases/Gross Assets.
 Other Real Estate Owned/Gross Assets.
 Brokered Deposit Ratio.
 One Year Asset Growth.
 Loan Mix Index.
------------------------------------------------------------------------

One of the measures, the Leverage Ratio, is defined as tier 1 capital 
divided by adjusted average assets (herein referred to as the tier 1 
leverage ratio), and is the same calculation as the tier 1 leverage 
ratio under the generally applicable capital rule. The numerator and 
denominator of the Leverage Ratio are both based on the definitions for 
the relevant PCA measure.\32\
---------------------------------------------------------------------------

    \32\ See 12 CFR 327.16(a)(1)(ii).
---------------------------------------------------------------------------

C. CBLR Assessments Notice of Proposed Rulemaking

    On February 21, 2019, the FDIC published in the Federal Register a 
notice of proposed rulemaking that would amend the deposit insurance 
assessment regulations to apply the proposed CBLR framework to the 
deposit insurance assessment system (CBLR Assessments NPR).\33\ Under 
the CBLR Assessments NPR, the FDIC would assess all banks that elect to 
use the CBLR framework as small banks. Further, because the use of the 
CBLR or tangible equity as proposed in the CBLR NPR could have resulted 
in a higher assessment rate or a larger assessment base for a minority 
of small banks, the FDIC proposed to allow banks that elect to use the 
CBLR framework the option to use either tangible equity or tier 1 
capital for their assessment base calculation, and to have the option 
to report the tier 1 leverage ratio in addition to the CBLR, with the 
FDIC applying the value that would result in the lower assessment rate.
---------------------------------------------------------------------------

    \33\ See 84 FR 5380 (February 21, 2019).
---------------------------------------------------------------------------

    The CBLR Assessments NPR also clarified that: (1) A bank that 
elects to use the CBLR framework and also meets the definition of a 
custodial bank under the FDIC's assessment regulations would have no 
change to its custodial bank deduction or reporting items required to 
calculate the deduction; and (2) the assessment regulations would 
continue to reference the PCA regulations for the definition of capital 
categories used in the deposit insurance assessment system, with 
technical amendments to align with the CBLR NPR.
    The FDIC sought comment on every aspect of the CBLR Assessments 
NPR, including alternatives. The FDIC received one comment from a trade 
group that generally supported the FDIC's objective of maintaining fair 
and appropriate pricing of deposit insurance for institutions that 
elect to use the CBLR framework.

III. The Final Rule

A. Summary

    The CBLR Assessments final rule applies the CBLR framework, as 
adopted by the Federal banking agencies, to the deposit insurance 
assessment system in a way that, to the fullest extent practicable, 
reduces regulatory reporting burden consistent with the objective of 
EGRRCPA.\34\ As discussed more fully

[[Page 66836]]

below, the rule amends the FDIC's assessment regulations to: (1) Price 
all banks that elect to use the CBLR framework as small banks; (2) make 
technical amendments to ensure that the assessment regulations continue 
to reference the PCA regulations for the definitions of capital 
categories used in the deposit insurance assessment system; and (3) 
clarify that a bank that elects to use the CBLR framework and also 
meets the definition of a custodial bank will have no change to its 
custodial bank deduction or reporting items required to calculate the 
deduction. The final rule does not make any changes to the FDIC's 
assessment methodology for small or large institutions. This final rule 
will only result in a change to assessments in the limited circumstance 
where a bank that would have otherwise been assessed as a large 
institution under current assessment regulations elects to use the CBLR 
framework.
---------------------------------------------------------------------------

    \34\ The changes adopted in this final rule do not apply to 
insured branches of foreign banks. These institutions file the FFIEC 
002, which does not include many of the items, including capital 
measures, found in the Call Report schedules filed by other IDIs.
---------------------------------------------------------------------------

B. Pricing Banks That Elect To Use the CBLR Framework as Small 
Institutions

    Under this CBLR Assessments final rule, the FDIC amends the 
definition of ``small institution'' to include, as proposed, all banks 
that elect to use the CBLR framework, even if such a bank would 
otherwise be classified as a ``large institution'' under the assessment 
regulations.\35\ This modification is necessary because otherwise, the 
different thresholds used to define a small bank in assessment 
regulations and a qualifying community banking organization under the 
CBLR framework could result in a bank that elects to use the framework 
being assessed as a large bank.\36\ In addition, the FDIC also 
clarifies, as proposed, that a bank with assets of between $5 billion 
and $10 billion that elects to use the CBLR framework cannot request to 
be treated as a large bank.\37\ The FDIC continues to believe that 
pricing a bank that uses the CBLR framework as a large bank would not 
meet the policy objective of maximizing the regulatory relief because 
the pricing methodology for large banks uses measures that are not 
reported by small banks. In the absence of this change, a bank that 
elected to use the CBLR framework and would otherwise be priced as a 
large institution would be required to report these additional items on 
their Call Report. Further, the methodology used to price the risk of 
large institutions is intended for banks with more complex operations 
and organizational structures, which, in the FDIC's view, is 
inconsistent with a qualifying community banking organization under the 
CBLR framework.\38\
---------------------------------------------------------------------------

    \35\ A bank that elects to use the CBLR framework and that meets 
the definition of an established institution under 12 CFR 327.8(v) 
would be assessed as an established small bank. A bank that elects 
to use the CBLR framework and that has been federally insured for 
less than five years would be assessed as a new small bank. See 12 
CFR 327.8(w).
    \36\ Under the current assessment regulations, a large bank is 
reclassified as small once it has reported less than $10 billion in 
total assets for four consecutive quarters, and a small bank is 
reclassified as large once it has reported $10 billion or more in 
total assets for four consecutive quarters. See 12 CFR 327.8(e) and 
(f). Under the CBLR final rule, a qualifying community banking 
organization is defined generally as a depository institution or 
depository institution holding company with less than $10 billion in 
total consolidated assets at the end of the most recent quarter and 
that meet certain qualifying criteria. See 84 FR 61779-82.
    \37\ Under current regulations, a bank with between $5 billion 
and $10 billion may request treatment as a large bank for deposit 
insurance assessments. See 12 CFR 327.8(f).
    \38\ For example, the FDIC uses data on Schedule RC-O regarding 
higher-risk assets to calculate financial ratios used to determine a 
large or highly complex institution's assessment rate, and small 
institutions are not required to report such information.
---------------------------------------------------------------------------

C. Technical Changes in Regulations

    Under this final rule, the FDIC makes technical amendments to 
ensure that the assessment regulations will continue to reference the 
PCA regulations for the definitions of capital categories used in the 
deposit insurance assessment system. Capital categories for deposit 
insurance assessment purposes are defined by reference to the agencies' 
regulatory capital rules that are being amended by the CBLR final 
rule.\39\ As such, changes made by the CBLR final rule, as discussed 
above, will be automatically incorporated into the assessment 
regulations; however, technical amendments to the FDIC's assessment 
regulations are necessary to align with changes to regulatory citations 
in the CBLR final rule.
---------------------------------------------------------------------------

    \39\ See 12 CFR 327.8(z).
---------------------------------------------------------------------------

D. Clarifications Regarding Custodial Bank Deduction

    Through this CBLR Assessments final rule, the FDIC clarifies that 
any bank that elects to use the CBLR framework and also meets the 
definition of a custodial bank will experience no change in the 
reporting that is necessary to calculate and receive the custodial bank 
deduction under the assessment regulations. The final rule does not 
change the custodial bank deduction. As mentioned above, in calculating 
the assessment base for custodial banks, the FDIC excludes a certain 
amount of low-risk assets, which are reported in Schedule RC-R of the 
Call Report, subject to the deduction limit.\40\ Under the CBLR 
framework, these line items would not be reported by banks that elect 
to use the CBLR framework.\41\ The FDIC is clarifying that it would not 
require such a bank to separately report these items in order to 
continue utilizing the custodial bank deduction. A custodial bank will 
continue to report the numerical value of its custodial bank deduction 
and custodial bank deduction limit in Schedule RC-O of the Call Report. 
Also, the FDIC will require custodial banks to continue to maintain the 
proper documentation of their calculation for the custodial bank 
adjustment, and to make that documentation available upon request.\42\
---------------------------------------------------------------------------

    \40\ See 12 CFR 327.5(c)(2) (the FDIC will exclude from a 
custodial bank's assessment base the daily or weekly average 
(depending on how the bank reports its average consolidated total 
assets) of all asset types described in the instructions to lines 1, 
2, and 3 of Schedule RC of the Call Report with a standardized 
approach risk weight of 0 percent, regardless of maturity, plus 50 
percent of those asset types described in the instructions to lines 
1, 2, and 3 of Schedule RC of the Call Report, with a standardized 
approach risk-weight greater than 0 and up to and including 20 
percent, regardless of maturity).
    \41\ See 84 FR 3073.
    \42\ See 12 U.S.C. 1817(b)(4).
---------------------------------------------------------------------------

E. Proposed Changes Not Adopted in the CBLR Assessments Final Rule

    The FDIC is not adopting several changes to the deposit insurance 
assessment regulations that were proposed in the CBLR Assessments NPR 
because the CBLR framework, as adopted in the CBLR final rule, have 
made them unnecessary. For example, proposed amendments to the FDIC's 
assessment regulations that were related to the Federal banking 
agencies' definition of ``tangible equity'' and ``community bank 
leverage ratio'' in the CBLR NPR were not adopted, rendering proposed 
conforming changes in the assessment regulations unnecessary.
    The FDIC received one comment noting that the flexibility proposed 
by the FDIC in the CBLR Assessments NPR to banks that elect to use the 
CBLR framework would be unnecessary if the CBLR and tier 1 leverage 
ratio are calculated in the same manner. The FDIC agrees.

IV. Expected Effects

    The FDIC does not expect that changes to its assessment regulations 
under this final rule would have a material impact on aggregate 
assessment revenue or on rates paid by individual institutions. Based 
on Call Report data as of March 31, 2019, 5,221 out of 5,371 IDIs had 
less than $10 billion in total

[[Page 66837]]

consolidated assets. In the CBLR final rule, the Federal banking 
agencies estimate that approximately 85 percent of IDIs with less than 
$10 billion in total assets would meet the qualifying criteria and thus 
be eligible to use the CBLR framework under the CBLR final rule.\43\ 
Included in this total are four custodial banks that would meet the 
definition of a ``qualifying community banking organization'' under the 
CBLR final rule.
---------------------------------------------------------------------------

    \43\ See 84 FR 61784.
---------------------------------------------------------------------------

    As mentioned above, because the Federal banking agencies 
incorporate and refer to the generally applicable capital rule's 
leverage ratio as the CBLR, the CBLR final rule results in no change to 
the ratio that is utilized in the FDIC's pricing methodology, and 
therefore no changes are being made to the assessment methodology. 
Additionally, a custodial bank that elects to use the CBLR framework 
will be able to continue to report the custodial bank deduction for its 
assessment base, even though it will not separately report risk-
weighted assets used in the calculation of the deduction, and will see 
no change to its assessment amount.
    Finally, the FDIC does not believe that the final rule would affect 
a significant number of IDIs. As previously stated, the change to the 
definition of ``small institution'' for assessment purposes will only 
result in a change to assessments for a bank that elects to use the 
CBLR framework and would have otherwise been assessed as a large 
institution under current assessment regulations. Based on Call Report 
data as of March 31, 2019, only one bank that was assessed as a large 
institution also met the qualifying criteria to be eligible to opt into 
the CBLR framework. The annual insurance assessments paid by the 
institution as a result of the final rule is expected to decline by 
less than $4 million, or less than one percent of that institution's 
interest income earned in the prior year.

V. Alternatives Considered

    The FDIC solicited comments on several alternatives, including 
options to offset the impact that any differences in reporting under 
the CBLR framework and under the Federal banking agencies' generally 
applicable capital rule could have on the assessment amount of a bank 
that elects to use the CBLR framework. The FDIC received no comments on 
the alternatives presented and believes that the changes adopted in 
this final rule meet its stated policy objectives in the most 
appropriate and straightforward manner.

VI. Effective Date

    This rule will become effective on January 1, 2020.

VII. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., 
generally requires that, in connection with a final rulemaking, an 
agency prepare and make available for public comment a final regulatory 
flexibility analysis describing the impact of the proposed rule on 
small entities.\44\ However, a regulatory flexibility analysis is not 
required if the agency certifies that the final rule will not have a 
significant economic impact on a substantial number of small entities. 
The SBA has defined ``small entities'' to include banking organizations 
with total assets of less than or equal to $600 million that are 
independently owned and operated or owned by a holding company with 
less than or equal to $600 million in total assets.\45\ Generally, the 
FDIC considers a significant effect to be a quantified effect in excess 
of 5 percent of total annual salaries and benefits per institution, or 
2.5 percent of total non-interest expenses. The FDIC believes that 
effects in excess of these thresholds typically represent significant 
effects for FDIC-supervised institutions. Certain types of rules, such 
as rules of particular applicability relating to rates, corporate or 
financial structures, or practices relating to such rates or 
structures, are expressly excluded from the definition of ``rule'' for 
purposes of the RFA. Because the rule relates directly to the rates 
imposed on IDIs for deposit insurance and to the deposit insurance 
assessment system that measures risk and determines each bank's 
assessment rate, the rule is not subject to the RFA. Nonetheless, the 
FDIC is voluntarily presenting information in this RFA section.
---------------------------------------------------------------------------

    \44\ 5 U.S.C. 601 et seq.
    \45\ The SBA defines a small banking organization as having $600 
million or less in assets, where an organization's ``assets are 
determined by averaging the assets reported on its four quarterly 
financial statements for the preceding year.'' See 13 CFR 121.201 
(as amended by 84 FR 34261, effective August 19, 2019). In its 
determination, the ``SBA counts the receipts, employees, or other 
measure of size of the concern whose size is at issue and all of its 
domestic and foreign affiliates.'' See 13 CFR 121.103. Following 
these regulations, the FDIC uses a covered entity's affiliated and 
acquired assets, averaged over the preceding four quarters, to 
determine whether the covered entity is ``small'' for the purposes 
of RFA.
---------------------------------------------------------------------------

    As of March 31, 2019, the FDIC insured 5,371 institutions, of which 
4,004 are considered small entities for the purposes of RFA.\46\ Of the 
4,004 small entities, 3,433 entities qualify for the CBLR framework.
---------------------------------------------------------------------------

    \46\ Consolidated Reports of Condition and Income for the 
quarter ending March 31, 2019.
---------------------------------------------------------------------------

    As discussed in Section III, the final rule amends the FDIC's 
assessment regulations to price all banks that elect to adopt the CBLR 
framework as small banks. The assessment regulations have previously 
defined and will continue to define a small bank as generally having 
less than $10 billion in total assets. Small banking organizations, as 
defined by the SBA, must have less than $600 million in total assets. 
Thus, for purposes of the RFA, all small banking organizations are 
already priced as small banks under the assessment regulations. 
Electing to adopt the community bank leverage ratio framework will have 
no effect on the pricing of a small banking organization.

VIII. Paperwork Reduction Act

    In accordance with the requirements of the Paperwork Reduction Act 
(PRA) of 1995,\47\ the FDIC may not conduct or sponsor, and the 
respondent is not required to respond to, an information collection 
unless it displays a currently-valid Office of Management and Budget 
(OMB) control number. The FDIC's OMB control numbers for its assessment 
regulations are 3064-0057, 3064-0151, and 3064-0179. The final rule 
does not revise any of these existing assessment information 
collections pursuant to the PRA and consequently, no submissions in 
connection with these OMB control numbers will be made to the OMB for 
review. However, the final rule will require changes to the 
instructions for the Call Reports (FFIEC 031, FFIEC 041, and FFIEC 051 
(OMB No. 3064-0052 (FDIC), 7100-0036 (Federal Reserve System) and 1557-
0081 (Office of the Comptroller of the Currency)), which will be 
coordinated by the Federal Financial Institutions Examination Council 
and addressed in a separate Federal Register notice.
---------------------------------------------------------------------------

    \47\ 44 U.S.C. 3501 et seq.
---------------------------------------------------------------------------

IX. Riegle Community Development and Regulatory Improvement Act of 1994

    Pursuant to section 302(a) of the Riegle Community Development and 
Regulatory Improvement Act (RCDRIA),\48\ in determining the effective 
date and administrative compliance requirements for new regulations 
that impose additional reporting, disclosure, or other requirements on 
insured depository institutions, each Federal banking agency must 
consider, consistent with principles of safety and soundness and the 
public interest, any administrative burdens that such

[[Page 66838]]

regulations would place on depository institutions, including small 
depository institutions, and customers of depository institutions, as 
well as the benefits of such regulations. In addition, section 302(b) 
of RCDRIA requires new regulations and amendments to regulations that 
impose additional reporting, disclosures, or other new requirements on 
insured depository institutions generally to 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.\49\
---------------------------------------------------------------------------

    \48\ 12 U.S.C. 4802(a).
    \49\ 12 U.S.C. 4802(b).
---------------------------------------------------------------------------

    The amendments to the FDIC's deposit insurance assessment 
regulations under this final rule do not impose additional reporting, 
disclosures, or other new requirements. Nonetheless, the FDIC 
considered the requirements of RCDRIA when finalizing this rule with an 
effective date of January 1, 2020.

X. Solicitation of Comments on Use of Plain Language

    Section 722 of the Gramm-Leach-Bliley Act \50\ requires the Federal 
banking agencies to use plain language in all proposed and final rules 
published after January 1, 2000. The FDIC has sought to present the 
final rule in a simple and straightforward manner and did not receive 
any comments on the use of plain language.
---------------------------------------------------------------------------

    \50\ Public Law 106-102, section 722, 113 Stat. 1338, 1471 
(1999).
---------------------------------------------------------------------------

XI. The Congressional Review Act

    For purposes of Congressional Review Act, the OMB makes a 
determination as to whether a final rule constitutes a ``major'' 
rule.\51\ If a rule is deemed a ``major rule'' by the OMB, the 
Congressional Review Act generally provides that the rule may not take 
effect until at least 60 days following its publication.\52\
---------------------------------------------------------------------------

    \51\ 5 U.S.C. 801 et seq.
    \52\ 5 U.S.C. 801(a)(3).
---------------------------------------------------------------------------

    The Congressional Review Act defines a ``major rule'' as any rule 
that the Administrator of the Office of Information and Regulatory 
Affairs of the OMB finds has resulted in or is likely to result in--(A) 
an annual effect on the economy of $100,000,000 or more; (B) a major 
increase in costs or prices for consumers, individual industries, 
Federal, State, or local government agencies or geographic regions, or 
(C) significant adverse effects on competition, employment, investment, 
productivity, innovation, or on the ability of United States-based 
enterprises to compete with foreign-based enterprises in domestic and 
export markets.\53\ The OMB has determined that the final rule is not a 
major rule for purposes of the Congressional Review Act. The FDIC will 
submit the final rule and other appropriate reports to Congress and the 
Government Accountability Office for review.
---------------------------------------------------------------------------

    \53\ 5 U.S.C. 804(2).
---------------------------------------------------------------------------

List of Subjects in 12 CFR Part 327

    Bank deposit insurance, Banks, Banking, Savings associations.

Authority and Issuance

    For the reasons set forth above, the FDIC amends part 327 of title 
12 of the Code of Federal Regulations as follows:

PART 327--ASSESSMENTS

0
1. The authority for 12 CFR part 327 continues to read as follows:

    Authority: 12 U.S.C. 1441, 1813, 1815, 1817-19, 1821.

0
2. Revise Sec.  327.8(e) and (z) to read as follows:


Sec.  327.8  Definitions.

* * * * *
    (e) Small institution. (1) An insured depository institution with 
assets of less than $10 billion as of December 31, 2006, and an insured 
branch of a foreign institution shall be classified as a small 
institution.
    (2) Except as provided in paragraph (e)(3) of this section, if, 
after December 31, 2006, an institution classified as large under 
paragraph (f) of this section (other than an institution classified as 
large for purposes of Sec. Sec.  327.9(e) and 327.16(f)) reports assets 
of less than $10 billion in its quarterly reports of condition for four 
consecutive quarters, the FDIC will reclassify the institution as small 
beginning the following quarter.
    (3) An insured depository institution that elects to use the 
community bank leverage ratio framework under 12 CFR 3.12(a)(3), 12 CFR 
217.12(a)(3), or 12 CFR 324.12(a)(3), shall be classified as a small 
institution, even if that institution otherwise would be classified as 
a large institution under paragraph (f) of this section.
* * * * *
    (z) Well capitalized, adequately capitalized, and undercapitalized. 
For any insured depository institution other than an insured branch of 
a foreign bank, Well Capitalized, Adequately Capitalized, and 
Undercapitalized have the same meaning as in: 12 CFR 6.4 (for national 
banks and Federal savings associations), as either may be amended from 
time to time, except that 12 CFR 6.4(b)(1)(i)(E) and (e), as they may 
be amended from time to time, shall not apply; 12 CFR 208.43 (for state 
member institutions), as either may be amended from time to time, 
except that 12 CFR 208.43(b)(1)(i)(E) and (c), as they may be amended 
from time to time, shall not apply; and 12 CFR 324.403 (for state 
nonmember institutions and state savings associations), as either may 
be amended from time to time, except that 12 CFR 324.403(b)(1)(i)(E) 
and (d), as they may be amended from time to time, shall not apply.

Federal Deposit Insurance Corporation.

    By order of the Board of Directors.

    Dated at Washington, DC, on September 17, 2019.
Annmarie H. Boyd,
Assistant Executive Secretary.
[FR Doc. 2019-25897 Filed 12-5-19; 8:45 am]
BILLING CODE 6714-01-P