[Federal Register Volume 85, Number 79 (Thursday, April 23, 2020)]
[Rules and Regulations]
[Pages 22930-22939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07448]
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DEPARTMENT OF TREASURY
Office of the Comptroller of the Currency
12 CFR Part 3
[Docket ID OCC-2020-0017]
RIN 1557-AE89
FEDERAL RESERVE SYSTEM
12 CFR Part 217
[Regulation Q; Docket No. R-1711]
RIN 7100-AF85
FEDERAL DEPOSIT INSURANCE CORPORATION
12 CFR Part 324
RIN 3064-AF47
Regulatory Capital Rule: Transition for the Community Bank
Leverage Ratio Framework
AGENCY: Office of the Comptroller of the Currency, Treasury; the Board
of Governors of the Federal Reserve System; and the Federal Deposit
Insurance Corporation.
ACTION: Interim final rule; request for comment.
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SUMMARY: This interim final rule provides a graduated transition to a
community bank leverage ratio requirement of 9 percent from the
temporary 8-percent community bank leverage ratio requirement
(transition interim final rule). When the requirements in the
transition interim final rule become applicable, the community bank
leverage ratio will be 8 percent beginning in the second quarter of
calendar year 2020, 8.5 percent through calendar year 2021, and 9
percent thereafter. The transition interim final rule also maintains a
two-quarter grace period for a qualifying community banking
organization whose leverage ratio falls no more than 1 percentage point
below the applicable community bank leverage ratio requirement. The
Office of the Comptroller of the Currency, the Board of Governors of
the Federal Reserve System, and the Federal Deposit Insurance
Corporation (together, the agencies) issued concurrently an interim
final rule that established an 8-percent community bank leverage ratio,
as mandated under the Coronavirus Aid, Relief, and Economic Security
Act. The agencies are issuing the transition interim final rule to
provide community banking organizations with sufficient time and
clarity to meet the 9 percent leverage ratio requirement under the
community bank leverage ratio framework while they also focus on
supporting lending to creditworthy households and businesses given the
recent strains on the U.S. economy caused by the coronavirus disease
emergency.
DATES: The interim final rule is effective April 23, 2020. Comments on
the interim final rule must be received no later than June 8, 2020.
ADDRESSES: Interested parties are encouraged to submit written comments
jointly to all of the agencies. Commenters are encouraged to use the
title ``Regulatory Capital Rule: Transition for the Community Bank
Leverage Ratio Framework'' to facilitate the organization and
distribution of comments among the agencies. Commenters are also
encouraged to identify the number of the specific question for comment
to which they are responding. Comments should be directed to:
OCC: You may submit comments to the OCC by any of the methods set
forth below. Commenters are encouraged to submit comments through the
Federal eRulemaking Portal or email, if possible. Please use the title
``Regulatory Capital Rule: Transition for the Community Bank Leverage
Ratio Framework'' to facilitate the organization and distribution of
the comments. You may submit comments by any of the following methods:
Federal eRulemaking Portal--``Regulations.gov Classic or
Regulations.gov Beta'':
Regulations.gov Classic: Go to https://www.regulations.gov/. Enter
``Docket ID OCC-2020-0017'' in the Search Box and click ``Search.''
Click on ``Comment Now'' to submit public comments. For help with
submitting effective comments please click on ``View Commenter's
Checklist.'' Click on the ``Help'' tab on the Regulations.gov home page
to get information on using Regulations.gov, including instructions for
submitting public comments.
Regulations.gov Beta: Go to https://beta.regulations.gov/ or click
``Visit New Regulations.gov Site'' from the Regulations.gov Classic
homepage. Enter ``Docket ID OCC-2020-0017'' in the Search Box and click
``Search.'' Public comments can be submitted via the ``Comment'' box
below the displayed document information or by clicking on the document
title and then clicking the ``Comment'' box on the top-left side of the
screen. For help with submitting effective comments please click on
``Commenter's Checklist.'' For assistance with the Regulations.gov Beta
site, please call (877) 378-5457 (toll free) or (703) 454-9859 Monday-
Friday, 9 a.m.-5 p.m. ET or email [email protected].
Email: [email protected].
Mail: Chief Counsel's Office, Office of the Comptroller of
the Currency, 400 7th Street SW, Suite 3E-218, Washington, DC 20219.
Instructions: You must include ``OCC'' as the agency name and
``Docket ID OCC-2020-0017'' in your comment. In general, the OCC will
enter all comments received into the docket and publish the comments on
the Regulations.gov website without change, including any business or
personal information that you provide such as name and address
information, email addresses, or phone numbers. Comments received,
including attachments and other supporting materials, are part of the
public record and subject to public disclosure. Do not include any
information in your comment or supporting materials that you consider
confidential or inappropriate for public disclosure.
You may review comments and other related materials that pertain to
this rulemaking action by any of the following methods:
Viewing Comments Electronically--Regulations.gov Classic
or Regulations.gov Beta:
Regulations.gov Classic: Go to https://www.regulations.gov/. Enter
``Docket ID OCC-2020-0017'' in the Search box and click ``Search.''
Click on ``Open Docket Folder'' on the right side of the screen.
Comments and supporting materials can be viewed and filtered by
clicking on ``View all documents and comments in this docket'' and then
using the filtering
[[Page 22931]]
tools on the left side of the screen. Click on the ``Help'' tab on the
Regulations.gov home page to get information on using Regulations.gov.
The docket may be viewed after the close of the comment period in the
same manner as during the comment period.
Regulations.gov Beta: Go to https://beta.regulations.gov/ or click
``Visit New Regulations.gov Site'' from the Regulations.gov Classic
homepage. Enter ``Docket ID OCC-2020-0017'' in the Search Box and click
``Search.'' Click on the ``Comments'' tab. Comments can be viewed and
filtered by clicking on the ``Sort By'' drop-down on the right side of
the screen or the ``Refine Results'' options on the left side of the
screen. Supporting materials can be viewed by clicking on the
``Documents'' tab and filtered by clicking on the ``Sort By'' drop-down
on the right side of the screen or the ``Refine Results'' options on
the left side of the screen. For assistance with the Regulations.gov
Beta site, please call (877) 378-5457 (toll free) or (703) 454-9859
Monday-Friday, 9 a.m.-5 p.m. ET or email
[email protected].
The docket may be viewed after the close of the comment period in
the same manner as during the comment period.
Board: You may submit comments, identified by Docket No. R-1711 and
RIN 7100-AF85, by any of the following methods:
Agency website: http://www.federalreserve.gov. Follow the
instructions for submitting comments at https://www.federalreserve.gov/apps/foia/proposedregs.aspx.
Email: [email protected]. Include docket
and RIN numbers in the subject line of the message.
FAX: (202) 452-3819 or (202) 452-3102.
Mail: Ann E. Misback, Secretary, Board of Governors of the
Federal Reserve System, 20th Street and Constitution Avenue NW,
Washington, DC 20551.
All public comments will be made available on the Board's website
at http://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm as
submitted, unless modified for technical reasons or to remove sensitive
personally identifiable information at the commenter's request. Public
comments may also be viewed electronically or in paper form in Room
146, 1709 New York Avenue NW, Washington, DC 20006, between 9:00 a.m.
and 5:00 p.m. on weekdays. For security reasons, the Board requires
that visitors make an appointment to inspect comments. You may do so by
calling (202) 452-3684.
FDIC: You may submit comments, identified by RIN 3064-AF47, by any
of the following methods:
Agency website: http://www.FDIC.gov/regulations/laws/Federal/. Follow the instructions for submitting comments on the Agency
website.
Email: [email protected]. Include the RIN 3064-AF47 in the
subject line of the message.
Mail: Robert E. Feldman, Executive Secretary, Attention:
Comments/Legal ESS, Federal Deposit Insurance Corporation, 550 17th
Street NW, Washington, DC 20429.
Hand Delivery/Courier: Comments may be hand-delivered to
the guard station at the rear of the 550 17th Street NW, Building
(located on F Street) on business days between 7:00 a.m. and 5:00 p.m.
Instructions: Comments submitted must include ``FDIC'' and ``RIN
3064-AF47.'' Comments received will be posted without change to http://www.FDIC.gov/regulations/laws/Federal/, including any personal
information provided.
FOR FURTHER INFORMATION CONTACT:
OCC: Margot Schwadron, Director, or Benjamin Pegg, Risk Expert,
Capital and Regulatory Policy, (202) 649-6370; Carl Kaminski, Special
Counsel, or Daniel Perez, Senior Attorney, Chief Counsel's Office,
(202) 649-5490, for persons who are deaf or hearing impaired, TTY,
(202) 649-5597, Office of the Comptroller of the Currency, 400 7th
Street SW, Washington, DC 20219.
Board: Constance M. Horsley, Deputy Associate Director, (202) 452-
5239; Elizabeth MacDonald, Manager, (202) 872-7526; Christopher Appel,
Senior Financial Institution Policy Analyst II, (202) 973-6862; or
Brendan Rowan, Senior Financial Institution Policy Analyst I, (202)
475-6685, Division of Supervision and Regulation; or Benjamin W.
McDonough, Assistant General Counsel, (202) 452-2036; Mark Buresh,
Senior Counsel, (202) 452-2877; Andrew Hartlage, Counsel, (202) 452-
6483; or Jonah Kind, Senior Attorney, (202) 452-2045, Legal Division,
Board of Governors of the Federal Reserve System, 20th Street and
Constitution Avenue NW, Washington, DC 20551. Users of
Telecommunication Device for the Deaf (TDD) only, call (202) 263-4869.
FDIC: Bobby R. Bean, Associate Director, [email protected]; Benedetto
Bosco, Chief, Capital Policy Section, [email protected]; Noah Cuttler,
Senior Policy Analyst, [email protected]; [email protected];
Capital Markets Branch, Division of Risk Management Supervision, (202)
898-6888; or Michael Phillips, Counsel, [email protected]; Catherine
Wood, Counsel, [email protected]; Supervision and Legislation Branch,
Legal Division, Federal Deposit Insurance Corporation, 550 17th Street
NW, Washington, DC 20429. For the hearing impaired only,
Telecommunication Device for the Deaf (TDD), (800) 925-4618.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background on the Community Bank Leverage Ratio Framework
II. Statutory Interim Final Rule
III. Transition Interim Final Rule
IV. Effective Date of the Transition Interim Final Rule
V. Administrative Law Matters
A. Administrative Procedure Act
B. Congressional Review Act
C. Paperwork Reduction Act
D. Regulatory Flexibility Act
E. Riegle Community Development and Regulatory Improvement Act
of 1994
F. Use of Plain Language
G. Unfunded Mandates Act
I. Background on the Community Bank Leverage Ratio Framework
The community bank leverage ratio framework provides a simple
measure of capital adequacy for community banking organizations that
meet certain qualifying criteria. The community bank leverage ratio
framework implements section 201 of the Economic Growth, Regulatory
Relief, and Consumer Protection Act (EGRRCPA), which requires the
Office of the Comptroller of the Currency (OCC), the Board of Governors
of the Federal Reserve System (Board), and the Federal Deposit
Insurance Corporation (FDIC) (collectively, the agencies) to establish
a community bank leverage ratio of not less than 8 percent and not more
than 10 percent for a qualifying community banking organization.\1\
Under section 201(c) of EGRRCPA, a qualifying community banking
organization whose leverage ratio exceeds the community
[[Page 22932]]
bank leverage ratio, as established by the agencies, shall be
considered to have met the generally applicable risk-based and leverage
capital requirements in the capital rule (generally applicable rule),
any other applicable capital or leverage requirements, and, if
applicable, the ``well capitalized'' ratio requirements for purposes of
section 38 of the Federal Deposit Insurance Act. Section 201(b) of
EGRRCPA also requires the agencies to establish procedures for the
treatment of a qualifying community banking organization whose leverage
ratio falls below the community bank leverage ratio requirement as
established by the agencies.
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\1\ Public Law 115-174, 132 Stat. 1296, 1306-07 (2018) (codified
at 12 U.S.C. 5371 note). The authorizing statues use the term
``qualifying community bank,'' whereas the regulation implementing
the statues uses the term ``qualifying community banking
organization.'' The terms generally have the same meaning. Section
201(a)(3) of EGRRCPA provides that a qualifying community banking
organization is a depository institution or depository institution
holding company with total consolidated assets of less than $10
billion that satisfies such other factors, based on the banking
organization's risk profile, that the agencies determine are
appropriate. This determination shall be based on consideration of
off-balance sheet exposures, trading assets and liabilities, total
notional derivatives exposures, and any such factors that the
agencies determine appropriate.
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In 2019, the agencies issued a final rule establishing the
community bank leverage ratio framework, which became effective January
1, 2020 (2019 final rule).\2\ Under the 2019 final rule, the agencies
established a community bank leverage ratio of 9 percent using the
existing leverage ratio. A qualifying community banking organization
that maintains a leverage ratio of greater than 9 percent and elects to
use the community bank leverage ratio framework will be considered to
have satisfied the generally applicable rule and any other applicable
capital or leverage requirements, and, if applicable, will be
considered to be well capitalized.\3\
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\2\ 84 FR 61776 (November 13, 2019).
\3\ Under existing PCA requirements applicable to insured
depository institutions, to be considered ``well capitalized'' a
banking organization must demonstrate that it is not subject to any
written agreement, order, capital directive, or as applicable,
prompt corrective action directive, to meet and maintain a specific
capital level for any capital measure. See 12 CFR 6.4(b)(1)(iv)
(OCC); 12 CFR 208.43(b)(1)(v) (Board); 12 CFR 324.403(b)(1)(v)
(FDIC). The same legal requirements continue to apply under the
community bank leverage ratio framework.
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Under the 2019 final rule, a qualifying community banking
organization is any depository institution or depository institution
holding company that has less than $10 billion in total consolidated
assets, 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 trading assets and
liabilities of 5 percent or less of total consolidated assets. The
banking organization also cannot be an advanced approaches banking
organization.\4\
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\4\ A banking organization is an advanced approaches banking
organization if it (1) is a global systemically important bank
holding company, (2) is a Category II banking organization, (3) has
elected to be an advanced approached banking organization, (4) is a
subsidiary of a company that is an advanced approaches banking
organization, or (5) has a subsidiary depository institution that is
an advanced approaches banking organization. See 12 CFR 3.100 (OCC);
12 CFR 217.100 (Board); 12 CFR 324.100 (FDIC).
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In addition, the 2019 final rule established a two-quarter grace
period during which a qualifying community banking organization that
temporarily fails to meet any of the qualifying criteria, including the
greater-than-9-percent leverage ratio requirement, generally would
still be considered well capitalized so long as the banking
organization maintains a leverage ratio of greater than 8 percent. A
banking organization that either fails to meet all the qualifying
criteria within the grace period or fails to maintain a leverage ratio
of greater than 8 percent is required to comply with the generally
applicable rule and file the appropriate regulatory reports.
II. Statutory Interim Final Rule
On March 27, 2020, the Coronavirus Aid, Relief, and Economic
Security Act (CARES Act) was signed into law.\5\ Section 4012 of the
CARES Act directs the agencies to issue an interim final rule that
provides that, for purposes of section 201 of EGRRCPA, the community
bank leverage ratio shall be 8 percent and that a qualifying community
banking organization whose leverage ratio falls below the community
bank leverage ratio requirement established under the CARES Act shall
have a reasonable grace period to satisfy that requirement. The interim
final rule required under section 4012 of the CARES Act is effective
during the period beginning on the date on which the agencies issue the
interim final rule and ending on the sooner of the termination date of
the national emergency concerning the coronavirus disease (COVID-19)
outbreak declared by the President on March 13, 2020, under the
National Emergencies Act, or December 31, 2020 (termination date).
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\5\ Coronavirus Aid, Relief, and Economic Security Act, Public
Law 116-136, 134 Stat. 281.
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Accordingly, the agencies issued concurrently an interim final rule
that implements a temporary 8-percent community bank leverage ratio
requirement, as mandated under section 4012 of the CARES Act (statutory
interim final rule). The statutory interim final rule also establishes
a two-quarter grace period for a qualifying community banking
organization whose leverage ratio falls below the 8-percent community
bank leverage ratio requirement. The provisions in this transition
interim final rule will become effective upon the termination date of
the statutory interim final rule.
III. Transition Interim Final Rule
Pursuant to section 201(b) of EGRRCPA, this interim final rule
(transition interim final rule) provides a graduated transition from
the temporary 8-percent community bank leverage ratio requirement, as
mandated under the CARES Act, to the 9-percent community bank leverage
ratio requirement as established under the 2019 final rule.
Specifically, the transition interim final rule provides that the
community bank leverage ratio will be 8 percent in the second quarter
through fourth quarter of calendar year 2020, 8.5 percent in calendar
year 2021, and 9 percent thereafter. The transition interim final rule
also modifies the two-quarter grace period for a qualifying community
banking organization to take into account the graduated increase in the
community bank leverage ratio requirement. The transition interim final
rule does not make any changes to the other qualifying criteria in the
community bank leverage ratio framework.
The transition interim final rule extends the 8-percent community
bank leverage ratio requirement through December 31, 2020, in the event
the statutory interim final rule terminates before December 31, 2020.
Thus, even if the statutory interim final rule terminates prior to
December 31, 2020, the community bank leverage ratio will continue to
be set at 8 percent for the remainder of 2020. Section 201 of EGRRCPA
requires a qualifying community banking organization exceed the
community bank leverage ratio established by the agencies in order to
be considered to have met the generally applicable rule, any other
applicable capital or leverage requirements, and, if applicable, the
``well capitalized'' capital ratio requirements, whereas section 4012
of the CARES Act requires that a qualifying community banking
organization meet or exceed an 8 percent community bank leverage ratio
to be considered the same.
In the 2019 final rule, the agencies previously adopted a 9-percent
community bank leverage ratio requirement on the basis that this
threshold, with complementary qualifying criteria, generally maintains
the current level of regulatory capital held by qualifying banking
organizations and supports the agencies' goals of reducing regulatory
burden while maintaining safety and soundness. The agencies intend for
the graduated approach under this transition interim final rule to
provide community banking organizations with sufficient time to meet a
9-percent
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community bank leverage ratio requirement while they also focus on
supporting lending to creditworthy households and businesses. This
latter goal is particularly critical given the recent strains on the
U.S. economy caused by COVID-19.
The graduated approach also provides clarity to a qualifying
community banking organization that is planning to elect to use the
community bank leverage ratio framework because, under section 4012 of
the CARES Act, the statutory interim final rule could cease to be
effective at any time before December 31, 2020. The transition interim
final rule is consistent with the agencies' authority under section 201
of EGRRCPA (which mandates a community bank leverage ratio of not less
than 8 percent and not more than 10 percent).
Based on reported data as of December 31, 2019, there are 5,258
banking organizations with less than $10 billion in total consolidated
assets. The agencies estimate that approximately 95 percent of these
banking organizations would qualify to use the community bank leverage
ratio framework under the 8 percent calibration and other qualifying
criteria. The agencies estimate that approximately 91 percent of such
banking organizations would qualify to use the community bank leverage
ratio framework under the 8.5 percent calibration and other qualifying
criteria.
Consistent with section 201(c) of EGRRCPA, under the transition
interim final rule, a qualifying community banking organization that
temporarily fails to meet any of the qualifying criteria, including the
applicable community bank leverage ratio requirement, generally would
still be deemed well capitalized during a two-quarter grace period so
long as the banking organization maintains a leverage ratio of the
following: Greater than 7 percent in the second quarter through fourth
quarter of calendar year 2020, greater than 7.5 percent in calendar
year 2021, and greater than 8 percent thereafter.\6\ A banking
organization that fails to meet the qualifying criteria after the end
of the grace period or reports a leverage ratio of equal to or less
than 7 percent in the second through fourth quarters of calendar year
2020, equal to or less than 7.5 percent in calendar year 2021, or equal
to or less than 8 percent thereafter, will be required to comply
immediately with the generally applicable rule and file the appropriate
regulatory reports.\7\
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\6\ While the statutory interim final rule is in effect, a
qualifying community banking organization that temporarily fails to
meet any of the qualifying criteria, including the applicable
community bank leverage ratio requirement, generally would still be
deemed well capitalized so long as the banking organization
maintains a leverage ratio of 7 percent or greater during a two-
quarter grace period. Similarly, while the statutory interim final
rule is in effect, a banking organization that fails to meet the
qualifying criteria after the end of the grace period or reports a
leverage ratio of less than 7 percent must comply with the generally
applicable rule and file the appropriate regulatory reports.
\7\ In addition, consistent with the 2019 final rule, a banking
organization that ceases to satisfy the qualifying criteria as a
result of a business combination also will receive no grace period
and will be required to comply with the generally applicable rule.
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The agencies adopted in the 2019 final rule a two-quarter grace
period with a leverage ratio requirement that is 1 percentage point
below the community bank leverage ratio on the basis that these
requirements appropriately mitigate potential volatility in capital and
associated regulatory reporting requirements based on temporary changes
in a banking organization's risk profile from quarter to quarter, while
capturing more permanent changes in a banking organization's risk
profile. The agencies continue to believe that this approach is
appropriate and provides a qualifying community banking organization
whose leverage ratio falls below the applicable community bank leverage
ratio requirement a reasonable amount of time to once again satisfy
that requirement. This approach is consistent with section 201(b)(2) of
EGRRCPA, which directs the agencies to establish procedures for the
treatment of a qualifying community bank whose leverage ratio falls
below the community bank leverage ratio requirement as established by
the agencies.
Table 1--Schedule of Community Bank Leverage Ratio Requirements
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Leverage ratio
Community bank under the
Calendar year leverage ratio applicable grace
(percent) period (percent)
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2020................................ 8 7
2021................................ 8.5 7.5
2022................................ 9 8
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The agencies are maintaining the 2019 final rule's requirement that
the grace period will begin as of the end of the calendar quarter in
which the electing banking organization ceases to satisfy any of the
qualifying criteria (so long as the banking organization maintains a
leverage ratio of greater than the requirement for the applicable
period) and will end after two consecutive calendar quarters. For
example, if the electing banking organization, which had met all
qualifying criteria as of March 31, 2020, no longer meets one of the
qualifying criteria as of May 15, 2020, and still does not meet the
criteria as of the end of that quarter, the grace period for such a
banking organization will begin as of the end of the quarter ending
June 30, 2020. The banking organization may continue to use the
community bank leverage ratio framework as of September 30, 2020, but
will need to comply fully with the generally applicable rule (including
the associated reporting requirements) as of December 31, 2020, unless
the banking organization once again meets all qualifying criteria by
that date.
If an electing banking organization is in the grace period when the
required community bank leverage ratio increases, the banking
organization would be subject, as of that change, to both the higher
community bank leverage ratio requirement and higher grace period
leverage ratio requirement. For example, if the electing banking
organization that had met all qualifying criteria as of September 30,
2020, has a 7.2 percent community bank leverage ratio (but meets all
the other qualifying criteria) as of the end of December 31, 2020, the
grace period for such a banking organization will begin as of the end
of the fourth quarter. The banking organization may continue to use the
community bank leverage ratio framework as of March 31, 2021, if the
banking organization has a leverage ratio of greater than 7.5 percent,
and will need to comply fully with the generally applicable rule
(including the associated reporting requirements) as of June 30, 2021,
unless the banking organization has a leverage ratio of greater than
8.5 percent (and meets all the other qualifying criteria) by that date.
In this example, if the banking organization has a leverage ratio equal
to or less than 7.5 percent as of March 31, 2021, it would not be
eligible to use the community bank leverage ratio framework and would
be subject immediately to the requirements of the generally applicable
rule.
As mentioned above, the grace period for an electing community
banking organization is limited to two consecutive calendar quarters.
For example, if the electing banking organization that had met all
qualifying criteria as of June 30, 2021, has an 8.3 percent community
bank leverage ratio (but meets all the other qualifying criteria) as of
the end of September 30, 2021, the grace period for such a
[[Page 22934]]
banking organization will begin as of the end of the third quarter. The
banking organization may continue to use the community bank leverage
ratio framework as of December 31, 2021, if the banking organization
has a leverage ratio of greater than 7.5 percent, and will need to
comply fully with the generally applicable rule (including the
associated reporting requirements) as of March 31, 2022, unless the
banking organization has a leverage ratio of greater than 9.0 percent
(and meets all the other qualifying criteria) by that date.
IV. Effective Date of the Transition Interim Final Rule
The transition interim final rule is effective immediately upon
publication in the Federal Register. Banking organizations are subject
to the requirements under the transition interim final rule for
purposes of filing their Call Report or Form FR Y-9C, as applicable,
beginning in the quarter in which the statutory interim final rule is
no longer in effect. A banking organization's compliance with capital
requirements for a quarter prior to the transition interim final rule's
effective date shall be determined according to the generally
applicable rule unless the banking organization has filed their Call
Report Form or FR Y-9C, as applicable, for the prior quarter and has
indicated that it has elected to use the community bank leverage ratio.
Question 1: The agencies invite comment on the proposed graduated
increase under the transition interim final rule. What alternatives, if
any, should the banking agencies consider to provide sufficient time
for a banking organization to meet a 9-percent community bank leverage
ratio requirement and why?
V. Administrative Law Matters
A. Administrative Procedure Act
The agencies are issuing this transition interim final rule without
prior notice and the opportunity for public comment and the 30-day
delayed effective date ordinarily prescribed by the Administrative
Procedure Act (APA).\8\ Pursuant to section 553(b)(B) of the APA,
general notice and the opportunity for public comment are not required
with respect to a rulemaking when an ``agency for good cause finds (and
incorporates the finding and a brief statement of reasons therefor in
the rules issued) that notice and public procedure thereon are
impracticable, unnecessary, or contrary to the public interest.'' \9\
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\8\ 5 U.S.C. 553.
\9\ 5 U.S.C. 553(b)(B).
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The agencies believe that the public interest is best served by
implementing the transition interim final rule as soon as possible. As
discussed above, section 4012 of the CARES Act directs the agencies to
issue an interim final rule that provides that, for purposes of section
201 of EGRRCPA, the community bank leverage ratio shall be 8 percent
and that a qualifying community banking organization whose leverage
ratio falls below the community bank leverage ratio requirement
established under the CARES Act shall have a reasonable grace period to
satisfy that requirement. A qualifying community banking organization
to which the grace period applies may continue to be treated as a
qualifying community banking organization and shall be presumed to
satisfy the capital and leverage requirements described in section
201(c) of EGRRCPA. The agencies are issuing this interim final rule
immediately, and concurrently with the interim final rule mandated by
section 4012 of the CARES Act, in order to provide community banking
organizations with sufficient time to meet the leverage ratio
requirement and to provide clarity to a qualifying community banking
organization that is planning to elect to use the community bank
leverage ratio framework, because, under section 4012 of the CARES Act,
the statutory interim final rule could cease to be effective at any
time before December 31, 2020.
The APA also requires a 30-day delayed effective date, except for
(1) substantive rules, which grant or recognize an exemption or relieve
a restriction; (2) interpretative rules and statements of policy; or
(3) as otherwise provided by the agency for good cause.\10\ Because the
rules relieve a restriction, the transition interim final rule is
exempt from the APA's delayed effective date requirement.\11\
Additionally, the agencies find good cause to publish the transition
interim final rule with an immediate effective date for the same
reasons set forth above under the discussion of section 553(b)(B) of
the APA.
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\10\ 5 U.S.C. 553(d).
\11\ 5 U.S.C. 553(d)(1).
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While the agencies believe there is good cause to issue the
transition interim final rule without advance notice and comment and
with an immediate effective date as of the date of Federal Register
publication, the agencies are interested in the views of the public and
request comment on all aspects of the interim final rule.
B. Congressional Review Act
For purposes of Congressional Review Act, the OMB makes a
determination as to whether a final rule constitutes a ``major''
rule.\12\ If a rule is deemed a ``major rule'' by the Office of
Management and Budget (OMB), the Congressional Review Act generally
provides that the rule may not take effect until at least 60 days
following its publication.\13\
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\12\ 5 U.S.C. 801 et seq.
\13\ 5 U.S.C. 801(a)(3).
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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.\14\
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\14\ 5 U.S.C. 804(2).
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For the same reasons set forth above, the agencies are adopting the
transition interim final rule without the delayed effective date
generally prescribed under the Congressional Review Act. The delayed
effective date required by the Congressional Review Act does not apply
to any rule for which an agency for good cause finds (and incorporates
the finding and a brief statement of reasons therefor in the rule
issued) that notice and public procedure thereon are impracticable,
unnecessary, or contrary to the public interest.\15\ In light of
section 4012 of the CARES Act, and the reasons described above for
immediately providing a transition period to the temporary change
mandated by section 4012, the agencies believe that delaying the
effective date of the transition interim final rule would be contrary
to the public interest.
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\15\ 5 U.S.C. 808.
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As required by the Congressional Review Act, the agencies will
submit the transition interim final rule and other appropriate reports
to Congress and the Government Accountability Office for review.
C. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521) (PRA)
states that
[[Page 22935]]
no agency may conduct or sponsor, nor is the respondent required to
respond to, an information collection unless it displays a currently
valid OMB control number. The transition interim final rule affects the
agencies' current information collections for the Call Reports (OCC OMB
Control No. 1557-0081; Board OMB Control No. 7100-0036; and FDIC OMB
Control No. 3064-0052). The Board has reviewed the transition interim
final rule pursuant to authority delegated by the OMB.
While the transition interim final rule contains no information
collection requirements, the agencies have determined that there are
changes that should be made to the Call Reports as a result of this
rulemaking. Although there may be a substantive change resulting from
changes to the community bank leverage ratio framework for purposes of
the Call Reports, the change should be minimal and result in a zero net
change in hourly burden under the agencies' information collections.
Submissions will, however, be made by the agencies to OMB. The changes
to the Call Reports and their related instructions will be addressed in
a separate Federal Register notice.
In addition, the Board has temporarily revised the Financial
Statements for Holding Companies (FR Y-9 reports; OMB No. 7100-0128) to
accurately reflect aspects of the statutory interim final rule and the
transition interim final rule. On June 15, 1984, OMB delegated to the
Board authority under the PRA to approve a temporary revision to a
collection of information without providing opportunity for public
comment if the Board determines that a change in an existing collection
must be instituted quickly and that public participation in the
approval process would defeat the purpose of the collection or
substantially interfere with the Board's ability to perform its
statutory obligation.
The Board's delegated authority requires that the Board, after
temporarily approving a collection, publish a notice soliciting public
comment. Therefore, the Board is inviting comment on a proposal to
extend each of these information collections for three years, with the
revisions discussed below.
The Board invites public comment on the following information
collections, which are being reviewed under authority delegated by the
OMB under the PRA. Comments must be submitted on or before June 22,
2020. Comments are invited on the following:
a. Whether the collection of information is necessary for the
proper performance of the Board's functions, including whether the
information has practical utility;
b. The accuracy of the Board's estimate of the burden of the
information collections, including the validity of the methodology and
assumptions used;
c. Ways to enhance the quality, utility, and clarity of the
information to be collected;
d. Ways to minimize the burden of information collections on
respondents, including through the use of automated collection
techniques or other forms of information technology; and
e. Estimates of capital or startup costs and costs of operation,
maintenance, and purchase of services to provide information.
At the end of the comment period, the comments and recommendations
received will be analyzed to determine the extent to which the Board
should modify the proposal.
Final Approval Under OMB Delegated Authority of the Temporary Revision
of, and Solicitation of Comment To Extend for Three Years, With
Revision, of the Following Information Collection
Report Title: Financial Statements for Holding Companies.
Agency form number: FR Y-9C, FR Y-9LP, FR Y-9SP, FR Y-9ES, and FR
Y-9CS.
OMB control number: 7100-0128.
Effective Date: June 30, 2020.
Frequency: Quarterly, semiannually, and annually.
Respondents: Bank holding companies, savings and loan holding
companies,\16\ securities holding companies, and U.S. intermediate
holding companies (collectively, HCs).
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\16\ An SLHC must file one or more of the FR Y-9 series of
reports unless it is: (1) A grandfathered unitary SLHC with
primarily commercial assets and thrifts that make up less than 5
percent of its consolidated assets; or (2) a SLHC that primarily
holds insurance-related assets and does not otherwise submit
financial reports with the SEC pursuant to section 13 or 15(d) of
the Securities Exchange Act of 1934.
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Estimated number of respondents: FR Y-9C (non-advanced approaches
community bank leverage ratio (CBLR) HCs with less than $5 billion in
total assets): 71; FR Y-9C (non-advanced approaches CBLR HCs with $5
billion or more in total assets): 35; FR Y-9C (non-advanced approaches,
non CBLR, HCs with less than $5 billion in total assets): 84; FR Y-9C
(non-advanced approaches, non CBLR HCs, with $5 billion or more in
total assets): 154; FR Y-9C (advanced approaches HCs): 19; FR Y-9LP:
434; FR Y-9SP: 3,960; FR Y-9ES: 83; FR Y-9CS: 236.
Estimated average hours per response:
Reporting
FR Y-9C (non-advanced approaches CBLR HCs with less than $5 billion
in total assets): 29.14 hours; FR Y-9C (non-advanced approaches CBLR
HCs with $5 billion or more in total assets): 35.11; FR Y-9C (non-
advanced approaches, non CBLR HCs, with less than $5 billion in total
assets): 40.98; FR Y-9C (non-advanced approaches, non CBLR, HCs with $5
billion or more in total assets): 46.95 hours; FR Y-9C (advanced
approaches HCs): 48.59 hours; FR Y-9LP: 5.27 hours; FR Y-9SP: 5.40
hours; FR Y-9ES: 0.50 hours; FR Y-9CS: 0.50 hours.
Recordkeeping
FR Y-9C (non-advanced approaches HCs with less than $5 billion in
total assets), FR Y-9C (non-advanced approaches HCs with $5 billion or
more in total assets), FR Y-9C (advanced approaches HCs), and FR Y-9LP:
1.00 hour; FR Y-9SP, FR Y-9ES, and FR Y-9CS: 0.50 hours.
Estimated annual burden hours:
Reporting
FR Y-9C (non-advanced approaches CBLR HCs with less than $5 billion
in total assets): 8,276 hours; FR Y-9C (non-advanced approaches CBLR
HCs with $5 billion or more in total assets): 4,915; FR Y-9C (non-
advanced approaches non CBLR HCs with less than $5 billion in total
assets): 13,769; FR Y-9C (non-advanced approaches non CBLR HCs with $5
billion or more in total assets): 28,921 hours; FR Y-9C (advanced
approaches HCs): 3,693 hours; FR Y-9LP: 9,149 hours; FR Y-9SP: 42,768
hours; FR Y-9ES: 42 hours; FR Y-9CS: 472 hours.
Recordkeeping
FR Y-9C (non-advanced approaches HCs with less than $5 billion in
total assets): 620 hours; FR Y-9C (non-advanced approaches HCs with $5
billion or more in total assets): 756 hours; FR Y-9C (advanced
approaches HCs): 76 hours; FR Y-9LP: 1,736 hours; FR Y-9SP: 3,960
hours; FR Y-9ES: 42 hours; FR Y-9CS: 472 hours.
General description of report: The FR Y-9 family of reporting forms
continues to be the primary source of financial data on holding
companies that examiners rely on in the intervals between on-site
inspections. Financial data from these reporting forms are used to
detect emerging financial problems, to review performance and conduct
pre-inspection analysis, to monitor and evaluate capital adequacy, to
evaluate holding company mergers and acquisitions, and to analyze a
holding
[[Page 22936]]
company's overall financial condition to ensure the safety and
soundness of its operations. The FR Y-9C, FR Y-9LP, and FR Y-9SP serve
as standardized financial statements for the consolidated holding
company. The Board requires HCs to provide standardized financial
statements to fulfill the Board's statutory obligation to supervise
these organizations. The FR Y-9ES is a financial statement for HCs that
are Employee Stock Ownership Plans. The Board uses the voluntary FR Y-
9CS (a free-form supplement) to collect additional information deemed
to be critical and needed in an expedited manner. HCs file the FR Y-9C
on a quarterly basis, the FR Y-9LP quarterly, the FR Y-9SP
semiannually, the FR Y-9ES annually, and the FR Y-9CS on a schedule
that is determined when this supplement is used.
Legal authorization and confidentiality: The Board has the
authority to impose the reporting and recordkeeping requirements
associated with the Y-9 family of reports on bank holding companies
(``BHCs'') pursuant to section 5 of the Bank Holding Company Act (``BHC
Act''), (12 U.S.C. 1844); on savings and loan holding companies
pursuant to section 10(b)(2) and (3) of the Home Owners' Loan Act, (12
U.S.C. 1467a(b)(2) and (3)); on U.S. intermediate holding companies
(``U.S. IHCs'') pursuant to section 5 of the BHC Act, (12 U.S.C 1844),
as well as pursuant to sections 102(a)(1) and 165 of the Dodd-Frank
Wall Street Reform and Consumer Protection Act (``Dodd-Frank Act''),
(12 U.S.C. 511(a)(1) and 5365); and on securities holding companies
pursuant to section 618 of the Dodd-Frank Act, (12 U.S.C.
1850a(c)(1)(A)). The FR Y-9 series of reports, and the recordkeeping
requirements set forth in the respective instructions to each report,
are mandatory, except for the FR Y-9CS, which is voluntary.
With respect to the FR Y-9C, Schedule HI's memoranda item 7(g),
Schedule HC-P's item 7(a), and Schedule HC-P's item 7(b) are considered
confidential commercial and financial information under exemption 4 of
the Freedom of Information Act (``FOIA''), (5 U.S.C. 552(b)(4)), as is
Schedule HC's memorandum item 2.b. for both the FR Y-9C and FR Y-9SP
reports.
Such treatment is appropriate under exemption 4 of the Freedom of
Information Act (FOIA) (5 U.S.C. 552(b)(4)) because these data items
reflect commercial and financial information that is both customarily
and actually treated as private by the submitter, and which the Board
has previously assured submitters will be treated as confidential. It
also appears that disclosing these data items may reveal confidential
examination and supervisory information, and in such instances, this
information would also be withheld pursuant to exemption 8 of the FOIA
(5 U.S.C. 552(b)(8)), which protects information related to the
supervision or examination of a regulated financial institution.
In addition, for both the FR Y-9C report and the FR Y-9SP report,
Schedule HC's memorandum item 2.b., the name and email address of the
external auditing firm's engagement partner, is considered confidential
commercial information and protected by exemption 4 of the FOIA (5
U.S.C. 552(b)(4)) if the identity of the engagement partner is treated
as private information by HCs. The Board has assured respondents that
this information will be treated as confidential since the collection
of this data item was proposed in 2004.
Aside from the data items described above, the remaining data items
on the FR Y-9 report and the FR Y-9SP report are generally not accorded
confidential treatment. The data items collected on FR Y-9LP, FR Y-9ES,
and FR Y-9CS reports, are also generally not accorded confidential
treatment. As provided in the Board's Rules Regarding Availability of
Information (12 CFR part 261), however, a respondent may request
confidential treatment for any data items the respondent believes
should be withheld pursuant to a FOIA exemption. The Board will review
any such request to determine if confidential treatment is appropriate,
and will inform the respondent if the request for confidential
treatment has been denied.
To the extent that the instructions, to the FR Y-9C, FR Y-9LP, FR
Y-9SP, and FR Y-9ES reports each respectively direct a financial
institution to retain the workpapers and related materials used in
preparation of each report, such material would only be obtained by the
Board as part of the examination or supervision of the financial
institution. Accordingly, such information may be considered
confidential pursuant to exemption 8 of the FOIA (5 U.S.C. 552(b)(8)).
In addition, the financial institution's workpapers and related
materials may also be protected by exemption 4 of the FOIA, to the
extent such financial information is treated as confidential by the
respondent (5 U.S.C. 552(b)(4)).
Current Actions: The Board has temporarily revised the instructions
to the FR Y-9C report to accurately reflect the transition provision as
modified by the statutory interim final rule and the transition interim
final rule. Specifically, the Board has temporarily revised the FR Y-9C
general instructions on the FR Y-9C, Schedule HC-R, Part I, to reflect
a HC's eligibility to opt-in to the CBLR framework to 8 percent, and
allow a two-quarter grace period for an HC that falls below the 8-
percent CBLR requirement. In addition, the revised general instructions
provide a transition for the to be 8 percent in the second through
fourth quarters of calendar year 2020, 8.5 percent in calendar year
2021, and 9 percent in calendar year 2022. HCs report their leverage
ratio in Schedule HC-R, Part I, line item 31. A qualifying HC can opt
into CBLR by electing in HC-R, Part I, line item 31.a. and must report
the qualifying criteria for using the CBLR framework in lines 32
through 3.
The Board has determined that the revisions to the FR Y-9C
described above must be instituted quickly and that public
participation in the approval process would defeat the purpose of the
collection of information, as delaying the revisions would result in
the collection of inaccurate information, and would interfere with the
Board's ability to perform its statutory duties. The Board also invites
comment to extend the FR Y-9 for three years, with the revisions
described above.
D. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) \17\ requires an agency to
consider whether the rules it proposes will have a significant economic
impact on a substantial number of small entities.\18\ 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). As discussed
previously, consistent with section 553(b)(B) of the APA, the agencies
have determined for good cause that general notice and opportunity for
public comment is impracticable and contrary to the public's interest,
and therefore the agencies are not issuing a notice of proposed
rulemaking. Accordingly, the agencies have concluded that the RFA's
requirements relating to initial and final regulatory flexibility
analysis do not apply. Nevertheless, the agencies are interested in
receiving feedback on ways that they could reduce any potential burden
of the transition interim final rule on small entities.
---------------------------------------------------------------------------
\17\ 5 U.S.C. 601 et seq.
\18\ Under regulations issued by the Small Business
Administration, a small entity includes a depository institution,
bank holding company, or savings and loan holding company with total
assets of $600 million or less and trust companies with total assets
of $41.5 million or less. See 13 CFR 121.201.
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[[Page 22937]]
E. Riegle Community Development and Regulatory Improvement Act of 1994
Pursuant to section 302(a) of the Riegle Community Development and
Regulatory Improvement Act (RCDRIA),\19\ in determining the effective
date and administrative compliance requirements for new regulations
that impose additional reporting, disclosure, or other requirements on
insured depository institutions (IDIs), each Federal banking agency
must consider, consistent with the principle 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. In addition, section 302(b)
of RCDRIA requires new regulations and amendments to regulations that
impose additional reporting, disclosures, or other new requirements on
IDIs 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, with certain exceptions, including for good cause.\20\
For the reasons described above, the agencies find good cause exists
under section 302 of RCDRIA to publish the transition interim final
rule with an immediate effective date.
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\19\ 12 U.S.C. 4802(a).
\20\ 12 U.S.C. 4802.
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F. Use of Plain Language
Section 722 of the Gramm-Leach-Bliley Act \21\ requires the Federal
banking agencies to use ``plain language'' in all proposed and final
rules published after January 1, 2000. In light of this requirement,
the agencies have sought to present the transition interim final rule
in a simple and straightforward manner. The agencies invite comments on
whether there are additional steps they could take to make the rule
easier to understand. For example:
---------------------------------------------------------------------------
\21\ 12 U.S.C. 4809.
---------------------------------------------------------------------------
Have we organized the material to suit your needs? If not,
how could this material be better organized?
Are the requirements in the regulation clearly stated? If
not, how could the regulation be more clearly stated?
Does the regulation contain language or jargon that is not
clear? If so, which language requires clarification?
Would a different format (grouping and order of sections,
use of headings, paragraphing) make the regulation easier to
understand? If so, what changes to the format would make the regulation
easier to understand?
What else could we do to make the regulation easier to
understand?
G. Unfunded Mandates Act
As a general matter, the Unfunded Mandates Act of 1995 (UMRA), 2
U.S.C. 1531 et seq., requires the preparation of a budgetary impact
statement before promulgating a rule that includes a Federal mandate
that may result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $100
million or more in any one year. However, the UMRA does not apply to
final rules for which a general notice of proposed rulemaking was not
published. See 2 U.S.C. 1532(a). Therefore, because the OCC has found
good cause to dispense with notice and comment for the transition
interim final rule, the OCC concludes that the requirements of UMRA do
not apply to this transition interim final rule.
List of Subjects
12 CFR Part 3
Administrative practice and procedure, Capital, Federal savings
associations, National banks, Risk.
12 CFR Part 217
Administrative practice and procedure, Banks, Banking, Capital,
Federal Reserve System, Holding companies, Reporting and recordkeeping
requirements, Risk, Securities.
12 CFR Part 324
Administrative practice and procedure, Banks, banking, Reporting
and recordkeeping requirements, Savings associations, State non-member
banks.
DEPARTMENT OF THE TREASURY
12 CFR Chapter I
Office of the Comptroller of the Currency
Authority and Issuance
For the reasons set forth in the preamble, the OCC amends chapter I
of Title 12 of the Code of Federal Regulations as follows:
PART 3--CAPITAL ADEQUACY STANDARDS
0
1. The authority citation for part 3 continues to read as follows:
Authority: 12 U.S.C. 93a, 161, 1462, 1462a, 1463, 1464, 1818,
1828(n), 1828 note, 1831n note, 1835, 3907, 3909, and 5412(b)(2)(B);
and Pub. L. 116-136, 134 Stat. 281.
0
2. Amend Sec. 3.303 by adding paragraph (d) to read as follows:
Sec. 3.303 Temporary changes to the community bank leverage ratio
framework.
* * * * *
(d) Upon the termination of the requirements in paragraphs (a) and
(b) of this section as provided in paragraph (c) of this section, a
qualifying community banking organization, as defined in Sec.
3.12(a)(2), is subject to the following:
(1) Through December 31, 2020:
(i) A national bank or Federal savings association that is not an
advanced approaches national bank or Federal savings association and
that meets all the criteria to be a qualifying community banking
organization under Sec. 3.12(a)(2) but for Sec. 3.12(a)(2)(i) is a
qualifying banking organization if it has a leverage ratio greater than
8 percent.
(ii) Notwithstanding Sec. 3.12(a)(1), a qualifying community
banking organization that has made an election to use the community
bank leverage ratio framework under Sec. 3.12(a)(3) shall be
considered to have met the minimum capital requirements under Sec.
3.10, the capital ratio requirements for the well capitalized capital
category under Sec. 6.4(b)(1) of this chapter, and any other capital
or leverage requirements to which the qualifying community banking
organization is subject, if it has a leverage ratio greater than 8
percent.
(iii) Notwithstanding Sec. 3.12(c)(6) and subject to Sec.
3.12(c)(5), a qualifying community banking organization that has a
leverage ratio of greater than 7 percent has the grace period described
in Sec. 3.12(c)(1) through (4). A national bank or Federal savings
association that has a leverage ratio of 7 percent or less does not
have a grace period and must comply with the minimum capital
requirements under Sec. 3.10(a)(1) and must report the required
capital measures under Sec. 3.10(a)(1) for the quarter in which it
reports a leverage ratio of 7 percent or less.
(2) From January 1, 2021, through December 31, 2021:
(i) A national bank or Federal savings association that is not an
advanced approaches national bank or Federal savings association and
that meets all the criteria to be a qualifying community banking
organization under Sec. 3.12(a)(2) but for Sec. 3.12(a)(2)(i) is a
qualifying banking organization if it has a leverage ratio greater than
8.5 percent.
(ii) Notwithstanding Sec. 3.12(a)(1), a qualifying community
banking organization that has made an election to use the community
bank leverage ratio framework under Sec. 3.12(a)(3) shall be
considered to have met the minimum capital requirements under Sec.
3.10, the capital ratio requirements for the well capitalized capital
category under
[[Page 22938]]
Sec. 6.4(b)(1) of this chapter, and any other capital or leverage
requirements to which the qualifying community banking organization is
subject, if it has a leverage ratio greater than 8.5 percent.
(iii) Notwithstanding Sec. 3.12(c)(6) and subject to Sec.
3.12(c)(5), a qualifying community banking organization that has a
leverage ratio of greater than 7.5 percent has the grace period
described in Sec. 3.12(c)(1) through (4). A national bank or Federal
savings association that has a leverage ratio of 7.5 percent or less
does not have a grace period and must comply with the minimum capital
requirements under Sec. 3.10(a)(1) and must report the required
capital measures under Sec. 3.10(a)(1) for the quarter in which it
reports a leverage ratio of 7.5 percent or less.
* * * * *
BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
12 CFR Chapter II
Authority and Issuance
For the reasons stated in the joint preamble, the Board of
Governors of the Federal Reserve System amends 12 CFR chapter II as
follows:
PART 217--CAPITAL ADEQUACY OF BANK HOLDING COMPANIES, SAVINGS AND
LOAN HOLDING COMPANIES, AND STATE MEMBER BANKS (REGULATION Q)
0
3. The authority citation for part 217 continues to read as follows:
Authority: 12 U.S.C. 248(a), 321-338a, 481-486, 1462a, 1467a,
1818, 1828, 1831n, 1831o, 1831p-1, 1831w, 1835, 1844(b), 1851, 3904,
3906-3909, 4808, 5365, 5368, 5371, 5371 note, and sec. 4012, Pub. L.
116-136, 134 Stat. 281.
Subpart G--Transition Provisions
0
4. Amend Sec. 217.304 by adding paragraph (d) to read as follows:
Sec. 217.304 Temporary changes to the community bank leverage ratio
framework.
* * * * *
(d) Upon the termination of the requirements in paragraphs (a) and
(b) of this section as provided in paragraph (c) of this section, a
Board-regulated institution is subject to the following:
(1) Through December 31, 2020:
(i) A Board-regulated institution that is not an advanced
approaches Board-regulated institution and that meets all the criteria
to be a qualifying community banking organization under Sec.
217.12(a)(2) but for Sec. 217.12(a)(2)(i) is a qualifying banking
organization if it has a leverage ratio greater than 8 percent.
(ii) Notwithstanding Sec. 217.12(a)(1), a qualifying community
banking organization that has made an election to use the community
bank leverage ratio framework under Sec. 217.12(a)(3) shall be
considered to have met the minimum capital requirements under Sec.
217.10, the capital ratio requirements for the well capitalized capital
category under Sec. 208.43(b)(1) of this chapter, if applicable, and
any other capital or leverage requirements to which the qualifying
community banking organization is subject, if it has a leverage ratio
greater than 8 percent.
(iii) Notwithstanding Sec. 217.12(c)(6) and subject to Sec.
217.12(c)(5), a Board-regulated institution that has a leverage ratio
of greater than 7 percent has the grace period described in Sec.
217.12(c)(1) through (4). A Board-regulated institution that has a
leverage ratio of 7 percent or less does not have a grace period and
must comply with the minimum capital requirements under Sec.
217.10(a)(1) and must report the required capital measures under Sec.
217.10(a)(1) for the quarter in which it reports a leverage ratio of 7
percent or less.
(2) From January 1, 2021, through December 31, 2021:
(i) A Board-regulated institution that is not an advanced
approaches Board-regulated institution and that meets all the criteria
to be a qualifying community banking organization under Sec.
217.12(a)(2) but for Sec. 217.12(a)(2)(i) is a qualifying banking
organization if it has a leverage ratio greater than 8.5 percent.
(ii) Notwithstanding Sec. 217.12(a)(1), a qualifying community
banking organization that has made an election to use the community
bank leverage ratio framework under Sec. 217.12(a)(3) shall be
considered to have met the minimum capital requirements under Sec.
217.10, the capital ratio requirements for the well capitalized capital
category under Sec. 208.43(b)(1) of this chapter, if applicable, and
any other capital or leverage requirements to which the qualifying
community banking organization is subject, if it has a leverage ratio
greater than 8.5 percent.
(iii) Notwithstanding Sec. 217.12(c)(6) and subject to Sec.
217.12(c)(5), a Board-regulated institution that has a leverage ratio
of greater than 7.5 percent has the grace period described in Sec.
217.12(c)(1) through (4). A Board-regulated institution that has a
leverage ratio of 7.5 percent or less does not have a grace period and
must comply with the minimum capital requirements under Sec.
217.10(a)(1) and must report the required capital measures under Sec.
217.10(a)(1) for the quarter in which it reports a leverage ratio of
7.5 percent or less.
FEDERAL DEPOSIT INSURANCE CORPORATION
12 CFR Chapter III
Authority and Issuance
For the reasons stated in the preamble, the Federal Deposit
Insurance Corporation amends chapter III of Title 12, Code of Federal
Regulations as follows:
PART 324--CAPITAL ADEQUACY OF FDIC-SUPERVISED INSTITUTIONS
0
5. The authority citation for part 324 is revised to read as follows:
Authority: 12 U.S.C. 1815(a), 1815(b), 1816, 1818(a), 1818(b),
1818(c), 1818(t), 1819(Tenth), 1828(c), 1828(d), 1828(i), 1828(n),
1828(o), 1831o, 1835, 3907, 3909, 4808; 5371; 5412; Pub. L. 102-233,
105 Stat. 1761, 1789, 1790 (12 U.S.C. 1831n note); Pub. L. 102-242,
105 Stat. 2236, 2355, as amended by Pub. L. 103-325, 108 Stat. 2160,
2233 (12 U.S.C. 1828 note); Pub. L. 102-242, 105 Stat. 2236, 2386,
as amended by Pub. L. 102-550, 106 Stat. 3672, 4089 (12 U.S.C. 1828
note); Pub. L. 111-203, 124 Stat. 1376, 1887 (15 U.S.C. 78o-7 note);
Pub. L. 115-174; Pub. L. 116-136, 134 Stat. 281.
0
6. Amend Sec. 324.303 by adding paragraph (d) to read as follows:
Sec. 324.303 Temporary changes to the community bank leverage ratio
framework.
* * * * *
(d) Upon the termination of the requirements in paragraphs (a) and
(b) of this section as provided in paragraph (c) of this section, a
qualifying community banking organization, as defined in Sec.
324.12(a)(2), is subject to the following:
(1) Through December 31, 2020:
(i) An FDIC-supervised institution that is not an advanced
approaches FDIC-supervised institution and that meets all the criteria
to be a qualifying community banking organization under Sec.
324.12(a)(2) but for Sec. 324.12(a)(2)(i) is a qualifying banking
organization if it has a leverage ratio greater than 8 percent.
(ii) Notwithstanding Sec. 324.12(a)(1), a qualifying community
banking organization that has made an election to use the community
bank leverage ratio framework under Sec. 324.12(a)(3) shall be
considered to have met the minimum capital requirements under Sec.
324.10, the capital ratio requirements for the well capitalized capital
category under Sec. 324.403(b)(1) of this part, and any other capital
or leverage requirements to which the qualifying community banking
organization is subject, if it has a leverage ratio greater than 8
percent.
[[Page 22939]]
(iii) Notwithstanding Sec. 324.12(c)(6) and subject to Sec.
324.12(c)(5), a qualifying community banking organization that has a
leverage ratio of greater than 7 percent has the grace period described
in Sec. 324.12(c)(1) through (4). An FDIC-supervised institution that
has a leverage ratio of 7 percent or less does not have a grace period
and must comply with the minimum capital requirements under Sec.
324.10(a)(1) and must report the required capital measures under Sec.
324.10(a)(1) for the quarter in which it reports a leverage ratio of 7
percent or less.
(2) From January 1, 2021, through December 31, 2021:
(i) An FDIC-supervised institution that is not an advanced
approaches FDIC-supervised institution and that meets all the criteria
to be a qualifying community banking organization under Sec.
324.12(a)(2) but for Sec. 324.12(a)(2)(i) is a qualifying banking
organization if it has a leverage ratio greater than 8.5 percent.
(ii) Notwithstanding Sec. 324.12(a)(1), a qualifying community
banking organization that has made an election to use the community
bank leverage ratio framework under Sec. 324.12(a)(3) shall be
considered to have met the minimum capital requirements under Sec.
324.10, the capital ratio requirements for the well capitalized capital
category under Sec. 324.403(b)(1) of this part, and any other capital
or leverage requirements to which the qualifying community banking
organization is subject, if it has a leverage ratio greater than 8.5
percent.
(iii) Notwithstanding Sec. 324.12(c)(6) and subject to Sec.
3247.12(c)(5), a qualifying community banking organization that has a
leverage ratio of greater than 7.5 percent has the grace period
described in Sec. 324.12(c)(1) through (4). An FDIC-supervised
institution that has a leverage ratio of 7.5 percent or less does not
have a grace period and must comply with the minimum capital
requirements under Sec. 324.10(a)(1) and must report the required
capital measures under Sec. 324.10(a)(1) for the quarter in which it
reports a leverage ratio of 7.5 percent or less.
Brian P. Brooks,
First Deputy Comptroller of the Currency.
By order of the Board of Governors of the Federal Reserve
System.
Ann Misback,
Secretary of the Board.
Federal Deposit Insurance Corporation.
By order of the Board of Directors.
Dated at Washington, DC, on or about April 3, 2020.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2020-07448 Filed 4-22-20; 8:45 am]
BILLING CODE 4810-33-P; 6210-01-P; 6714-01-P