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Assessments, Amendments To Address the Temporary Deposit Insurance Assessment Effects of the Optional Regulatory Capital Transitions for Implementing (rule,…

Summary

Federal Register pages from Thursday, February 25, 2021 carrying the FDIC final rule that removes the double counting of a portion of the CECL transitional amounts in certain financial measures used to set assessment rates for large or highly complex banks. The rule also adjusts the loss severity measure. The regulation text provides that where the outstanding balance of loans provided under the Paycheck Protection Program exceeds the balance of commercial and industrial loans, the remainder is excluded first from all other loans and then from agricultural loans. A large bank generally has $10 billion or more in total assets. The pages also carry softwood lumber assessment rates and an FAA directive on Leonardo S.p.a. helicopters.

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“Assessments, Amendments To Address the Temporary Deposit Insurance Assessment Effects of the Optional Regulatory Capital Transitions for Implementing (rule,….” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/assessments-amendments-to-address-the-temporary-deposit-insurance-asse-2da77a66a3/, SHA-256 088495c6467c287eb9abe0f4fa080f5066c2bf5e5706080e91c1ef4c853d0229.

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                          Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations                                                       11391

              TABLE 1 TO PARAGRAPH (h)                            not affect regulatory capital or the                       counting of a portion of the CECL
                                                                  regulatory capital relief provided in the                  transitional amounts, in certain
                                     Assessment     Assessment    form of transition provisions that allow                   financial measures used to determine
           Softwood lumber             $/cubic       $/square
         (by HTSUS number)              meter          meter      banking organizations to phase in the                      deposit insurance assessment rates for
                                                                  effects of CECL on their regulatory                        large or highly complex banks. In
     4407.11.00 ..................         0.1737     0.004412    capital ratios.                                            particular, certain financial measures
     4407.12.00 ..................         0.1737     0.004412
     4407.19.05 ..................         0.1737     0.004412    DATES: The final rule is effective April                   are calculated by summing Tier 1
     4407.19.06 ..................         0.1737     0.004412    1, 2021.                                                   capital, which includes the CECL
     4407.19.10 ..................         0.1737     0.004412    FOR FURTHER INFORMATION CONTACT:                           transitional amounts, and reserves,
     4409.10.05 ..................         0.1737     0.004412                                                               which already reflects the
     4409.10.10 ..................         0.1737     0.004412    Scott Ciardi, Chief, Large Bank Pricing,
     4409.10.20 ..................         0.1737     0.004412    (202) 898–7079 or sciardi@fdic.gov;                        implementation of CECL. As a result, a
     4409.10.90 ..................         0.1737     0.004412    Ashley Mihalik, Chief, Banking and                         portion of the CECL transitional
     4418.99.10 ..................         0.1737     0.004412    Regulatory Policy, (202) 898–3793 or                       amounts is being double counted in
                                                                  amihalik@fdic.gov; Nefretete Smith,                        these measures, which in turn affects
     *       *        *        *       *                          Counsel, (202) 898–6851 or nefsmith@                       assessment rates for large or highly
     Bruce Summers,                                               fdic.gov; Sydney Mayer, Senior                             complex banks. The final rule also
                                                                  Attorney, (202) 898–3669 or smayer@                        adjusts the calculation of the loss
     Administrator, Agricultural Marketing
                                                                  fdic.gov.                                                  severity measure to remove the double
     Service.
                                                                                                                             counting of a portion of the CECL
     [FR Doc. 2021–03467 Filed 2–24–21; 8:45 am]                  SUPPLEMENTARY INFORMATION:
                                                                                                                             transitional amounts for large or highly
     BILLING CODE P
                                                                  I. Policy Objectives and Overview of                       complex banks.
                                                                  Final Rule                                                    This final rule amends the deposit
                                                                                                                             insurance system applicable to large
     FEDERAL DEPOSIT INSURANCE                                       The Federal Deposit Insurance Act
                                                                                                                             banks and highly complex banks only,
     CORPORATION                                                  (FDI Act) requires that the FDIC
                                                                                                                             and it does not affect regulatory capital
                                                                  establish a risk-based deposit insurance
                                                                                                                             or the regulatory capital relief provided
     12 CFR Part 327                                              assessment system for insured
                                                                                                                             in the form of transition provisions that
                                                                  depository institutions (IDIs).1
     RIN 3064–AF65                                                                                                           allow banking organizations to phase in
                                                                  Consistent with this statutory
                                                                                                                             the effects of CECL on their regulatory
                                                                  requirement, the FDIC’s objective in
     Assessments, Amendments To                                                                                              capital ratios.3 Specifically, in
                                                                  finalizing this rule is to ensure that IDIs
     Address the Temporary Deposit                                                                                           calculating another measure used to
                                                                  are assessed in a manner that is fair and
     Insurance Assessment Effects of the                                                                                     determine assessment rates for all IDIs,
                                                                  accurate. In particular, the primary
     Optional Regulatory Capital                                                                                             the Tier 1 leverage ratio, the FDIC will
                                                                  objective of this final rule is to remove
     Transitions for Implementing the                                                                                        continue to apply the CECL regulatory
                                                                  a double counting issue in several
     Current Expected Credit Losses                                                                                          capital transition provisions, consistent
                                                                  financial measures used to determine
     Methodology                                                  deposit insurance assessment rates for                     with the regulatory capital relief
                                                                  large or highly complex banks, which                       provided to address concerns that
     AGENCY: Federal Deposit Insurance
                                                                  could result in a deposit insurance                        despite adequate capital planning,
     Corporation (FDIC).                                                                                                     unexpected economic conditions at the
     ACTION: Final rule.
                                                                  assessment rate for a large or highly
                                                                  complex bank that does not accurately                      time of CECL adoption could result in
                                                                  reflect the bank’s risk to the deposit                     higher-than-anticipated increases in
     SUMMARY: The Federal Deposit
                                                                  insurance fund (DIF), all else equal.2                     allowances.4
     Insurance Corporation is adopting                                                                                          The FDIC did not receive any
     amendments to the risk-based deposit                            The final rule amends the assessment
                                                                  regulations to remove the double                           comment letters in response to the
     insurance assessment system applicable                                                                                  proposal and is adopting the proposed
     to all large insured depository                                                                                         rule as final without change. Under this
                                                                     1 12 U.S.C. 1817(b). As used in this final rule, the
     institutions (IDIs), including highly                                                                                   final rule, amendments to the deposit
                                                                  term ‘‘insured depository institution’’ has the same
     complex IDIs, to address the temporary                       meaning as it is used in section 3(c)(2) of the FDI        insurance assessment system and
     deposit insurance assessment effects                         Act, 12 U.S.C. 1813(c)(2). Pursuant to this                changes to regulatory reporting
     resulting from certain optional                              requirement, the FDIC first adopted a risk-based
                                                                                                                             requirements will be applicable only
     regulatory capital transition provisions                     deposit insurance assessment system effective in
                                                                  1993 that applied to all IDIs. See 57 FR 45263 (Oct.       while the regulatory capital relief
     relating to the implementation of the                        1, 1992). The FDIC implemented this assessment             described above, or any potential future
     current expected credit losses (CECL)                        system with the goals of making the deposit
                                                                                                                             amendment that may affect the
     methodology. The final rule removes the                      insurance system fairer to well-run institutions and
                                                                  encouraging weaker institutions to improve their
     double counting of a specified portion                       condition, and thus, promote the safety and                   3 Banking organizations subject to the capital rule
     of the CECL transitional amount or the                       soundness of IDIs.                                         include national banks, state member banks, state
     modified CECL transitional amount, as                           2 As used in this final rule, the term ‘‘small bank’’   nonmember banks, savings associations, and top-
     applicable (collectively, the CECL                           is synonymous with ‘‘small institution,’’ the term         tier bank holding companies and savings and loan
                                                                  ‘‘large bank’’ is synonymous with ‘‘large                  holding companies domiciled in the United States
     transitional amounts), in certain                            institution,’’ and the term ‘‘highly complex bank’’        not subject to the Federal Reserve Board’s Small
     financial measures that are calculated                       is synonymous with ‘‘highly complex institution,’’         Bank Holding Company Policy Statement (12 CFR
     using the sum of Tier 1 capital and                          as the terms are defined in 12 CFR 327.8. For              part 225, appendix C), but exclude certain savings
     reserves and that are used to determine                      assessment purposes, a large bank is generally             and loan holding companies that are substantially
                                                                  defined as an institution with $10 billion or more         engaged in insurance underwriting or commercial
     assessment rates for large or highly                         in total assets, a small bank is generally defined as      activities or that are estate trusts, and bank holding
     complex IDIs. The final rule also adjusts                    an institution with less than $10 billion in total         companies and savings and loan holding companies
     the calculation of the loss severity                         assets, and a highly complex bank is generally             that are employee stock ownership plans. See 12
     measure to remove the double counting                        defined as an institution that has $50 billion or          CFR part 3 (Office of the Comptroller of the
                                                                  more in total assets and is controlled by a parent         Currency)); 12 CFR part 217 (Board); 12 CFR part
     of a specified portion of the CECL                           holding company that has $500 billion or more in           324 (FDIC). See also 84 FR 4222 (Feb. 14, 2019) and
     transitional amounts for a large or                          total assets, or is a processing bank or trust             85 FR 61577 (Sept. 30, 2020).
     highly complex IDI. This final rule does                     company. See 12 CFR 327.8(e), (f), and (g).                   4 See 84 FR 4225 (Feb. 14, 2019).




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     11392            Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations

     calculation of CECL transitional                         to most large IDIs and another applies                the latter allowances presented as
     amounts and the double counting of                       to highly complex banks. Both                         liabilities).14 These exposures will be
     these amounts for deposit insurance                      scorecards use quantitative financial                 within the scope of CECL. In addition,
     assessment purposes, is reflected in the                 measures that are useful in predicting a              CECL applies to credit losses on held-
     regulatory reports of banks.                             large or highly complex bank’s long-                  to-maturity (HTM) debt securities. ASU
                                                              term performance.12                                   2016–13 also introduces new
     II. Background                                              As described in more detail below,                 requirements for available-for-sale (AFS)
     A. Deposit Insurance Assessments                         the FDIC is finalizing amendments to                  debt securities. The new accounting
        Pursuant to Section 7 of the FDI Act,                 the assessment regulations to remove                  standard requires that a banking
     the FDIC has established a risk-based                    the double counting of a specified                    organization recognize credit losses on
     assessment system in Part 327 of its                     portion of the CECL transitional                      individual AFS debt securities through
     Rules and Regulations.5 In 2006, the                     amounts in the calculation of the loss                credit loss allowances, rather than
     FDIC adopted a final rule that created                   severity measure and certain other                    through direct write-downs, as is
     different risk-based assessment systems                  financial measures that are calculated                currently required under U.S. GAAP.
     for large IDIs and small IDIs that                       by summing Tier 1 capital and reserves,               The credit loss allowances attributable
     combined supervisory ratings with other                  which are used to determine assessment
                                                                                                                    to debt securities are separate from the
     risk measures to differentiate risk and                  rates for large or highly complex banks.
                                                                                                                    credit loss allowances attributable to
     determine assessment rates.6 In 2011,                    B. The Current Expected Credit Losses                 loans and leases.
     the FDIC amended the risk-based                          Methodology
     assessment system applicable to large                                                                          C. The 2019 CECL Rule
                                                                 In 2016, the Financial Accounting
     IDIs to, among other things, better                      Standards Board (FASB) issued                            Upon adoption of CECL, a banking
     capture risk at the time the institution                 Accounting Standards Update (ASU)                     organization will record a one-time
     assumes the risk, to better differentiate                No. 2016–13, Financial Instruments—                   adjustment to its credit loss allowances
     risk among large IDIs during periods of                  Credit Losses, Topic 326, Measurement                 as of the beginning of its fiscal year of
     good economic and banking conditions                     of Credit Losses on Financial                         adoption equal to the difference, if any,
     based on how they would fare during                      Instruments.13 The ASU resulted in                    between the amount of credit loss
     periods of stress or economic                            significant changes to credit loss                    allowances required under the incurred
     downturns, and to better take into                       accounting under U.S. generally
     account the losses that the FDIC may                                                                           loss methodology and the amount of
                                                              accepted accounting principles (GAAP).                credit loss allowances required under
     incur if a large IDI fails.7                             The revisions to credit loss accounting
        The FDIC charges all IDIs an                                                                                CECL. A banking organization’s
                                                              under GAAP included the introduction                  implementation of CECL will affect its
     assessment amount for deposit
                                                              of CECL, which replaces the incurred                  retained earnings, deferred tax assets
     insurance equal to the IDI’s deposit
                                                              loss methodology for financial assets                 (DTAs), allowances, and, as a result, its
     insurance assessment base multiplied
                                                              measured at amortized cost. For these                 regulatory capital ratios.
     by its risk-based assessment rate.8 An
                                                              assets, CECL requires banking
     IDI’s assessment base and assessment                                                                              In recognition of the potential for the
                                                              organizations to recognize lifetime
     rate are determined each quarter based                                                                         implementation of CECL to affect
                                                              expected credit losses and to
     on supervisory ratings and information                                                                         regulatory capital ratios, on February 14,
                                                              incorporate reasonable and supportable
     collected in the Consolidated Reports of                                                                       2019, the FDIC, the Office of the
                                                              forecasts in developing the estimate of
     Condition and Income (Call Report) or                                                                          Comptroller of the Currency (OCC), and
                                                              lifetime expected credit losses, while
     the Report of Assets and Liabilities of                                                                        the Board of Governors of the Federal
                                                              also maintaining the current
     U.S. Branches and Agencies of Foreign                                                                          Reserve System (Board) (collectively,
                                                              requirement that banking organizations
     Banks (FFIEC 002), as appropriate.                                                                             the agencies) issued a final rule that
                                                              consider past events and current
     Generally, an IDI’s assessment base                                                                            revised certain regulations, including
                                                              conditions.
     equals its average consolidated total                       CECL allowances cover a broader                    the agencies’ regulatory capital
     assets minus its average tangible                        range of financial assets than the                    regulations (capital rule),15 to account
     equity.9                                                 allowance for loan and lease losses                   for the aforementioned changes to credit
        An IDI’s assessment rate is calculated                                                                      loss accounting under GAAP, including
                                                              (ALLL) under the incurred loss
     using different methods based on                                                                               CECL (2019 CECL rule).16 The 2019
                                                              methodology. Under the incurred loss
     whether the IDI is a small, large, or                                                                          CECL rule includes a transition
                                                              methodology, the ALLL generally covers
     highly complex bank.10 A large or                                                                              provision that allows banking
                                                              credit losses on loans held for
     highly complex bank is assessed using                                                                          organizations to phase in over a three-
                                                              investment and lease financing
     a scorecard approach that combines                                                                             year period the day-one adverse effects
                                                              receivables, with additional allowances
     CAMELS ratings and certain forward-                                                                            of CECL on their regulatory capital
                                                              for certain other extensions of credit and
     looking financial measures to assess the                                                                       ratios.
                                                              allowances for credit losses on certain
     risk that the bank poses to the DIF.11
                                                              off-balance sheet credit exposures (with
     The score that each large or highly                                                                               14 ‘‘Other extensions of credit’’ includes trade and
     complex bank receives is used to                           12 See 76 FR 10688. The FDIC uses a different       reinsurance receivables, and receivables that relate
     determine its deposit insurance                          scorecard for highly complex IDIs because those       to repurchase agreements and securities lending
     assessment rate. One scorecard applies                   institutions are structurally and operationally       agreements. ‘‘Off-balance sheet credit exposures’’
                                                              complex, or pose unique challenges and risks in       includes off-balance sheet credit exposures not
       5 12 CFR part 327.                                     case of failure. 76 FR 10695.                         accounted for as insurance, such as loan
       6 See 71 FR 69282 (Nov. 30, 2006).
                                                                13 ASU 2016–13 covers measurement of credit         commitments, standby letters of credit, and
                                                              losses on financial instruments and includes three    financial guarantees. The FDIC notes that credit
       7 See 76 FR 10672 (Feb. 25, 2011).
                                                              subtopics within Topic 326: (i) Subtopic 326–10       losses for off-balance sheet credit exposures that are
       8 See 12 CFR 327.3(b)(1).
                                                              Financial Instruments—Credit Losses—Overall; (ii)     unconditionally cancellable by the issuer are not
       9 See 12 CFR 327.5.                                                                                          recognized under CECL.
                                                              Subtopic 326–20: Financial Instruments—Credit
       10 See 12 CFR 327.16(a) and (b).                                                                                15 12 CFR part 3 (OCC); 12 CFR part 217 (Board);
                                                              Losses—Measured at Amortized Cost; and (iii)
       11 See 12 CFR 327.16(b); see also 76 FR 10672          Subtopic 326–30: Financial Instruments—Credit         12 CFR part 324 (FDIC).
     (Feb. 25, 2011) and 77 FR 66000 (Oct. 31, 2012).         Losses—Available-for-Sale Debt Securities.               16 84 FR 4222 (Feb. 14, 2019).




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                      Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations                                                  11393

     D. The 2020 CECL Rule                                   E. Double Counting of a Portion of the                 retained earnings in regulatory capital
                                                             CECL Transitional Amounts in Certain                   calculations.22
        As part of the efforts to address the                Financial Measures Used To Determine                      For banks electing the 2020 CECL rule
     disruption of economic activity in the                  Assessments for Large or Highly                        transition provision that enter the third
     United States caused by the spread of                   Complex Banks                                          year of their transition period and for
     coronavirus disease 2019 (COVID–19),                       An increase in a banking                            banks electing the three-year 2019 CECL
     on March 31, 2020, the agencies                         organization’s allowances, including                   rule transition provision, banks must
     adopted a second CECL transition                        those estimated under CECL, generally                  calculate the transitional amount to
     provision through an interim final                      will reduce the banking organization’s                 phase into their retained earnings for
     rule.17 The agencies subsequently                       earnings or retained earnings, and                     purposes of their regulatory capital
     adopted a final rule (2020 CECL rule) on                therefore, its Tier 1 capital. For banks               calculations over a three-year period.
     September 30, 2020, that is consistent                  electing the 2019 CECL rule, the CECL                  For banks electing the 2019 CECL rule,
     with the interim final rule, with some                  transitional amount is the difference                  the CECL transitional amount is the
     clarifications and adjustments related to               between the closing balance sheet                      difference between the pre-CECL
     the calculation of the transition and the               amount of retained earnings for the                    amount of retained earnings and the
                                                             fiscal year-end immediately prior to the               post-CECL amount of retained earnings.
     eligibility criteria for using the 2020
                                                             bank’s adoption of CECL (pre-CECL                      For banks electing the 2020 CECL rule
     CECL transition provision.18 The 2020
                                                             amount) and the bank’s balance sheet                   that enter the third year of their
     CECL rule provides banking                                                                                     transition, the modified CECL
     organizations that adopt CECL for                       amount of retained earnings as of the
                                                             beginning of the fiscal year in which it               transitional amount is the difference
     purposes of GAAP (as in effect January                                                                         between the bank’s AACL at the end of
     1, 2020), for a fiscal year that begins                 adopts CECL (post-CECL amount). For
                                                             banks electing the 2020 CECL rule                      the second year of the transition period
     during the 2020 calendar year, the                                                                             and its AACL as of the beginning of the
     option to delay for up to two years an                  transition provision, retained earnings
                                                             are increased for regulatory capital                   fiscal year of CECL adoption multiplied
     estimate of CECL’s effect on regulatory                                                                        by 25 percent plus the CECL transitional
                                                             calculation purposes by a modified
     capital, followed by a three-year                                                                              amount described above. The CECL
                                                             CECL transitional amount that is
     transition period (i.e., a five-year                    adjusted to reflect changes in retained                transitional amount or, at the end of the
     transition period in total).19 The 2020                 earnings due to CECL that occur during                 second year of the transition period for
     CECL rule does not replace the three-                   the first two years of the five-year                   banks electing the 2020 CECL rule, the
     year transition provision in the 2019                   transition period. Under the 2020 CECL                 modified CECL transitional amount, is
     CECL rule, which remains available to                   rule, the change in retained earnings                  fixed and must be phased in over the
     any banking organization at the time                    due to CECL is calculated by taking the                three-year transition period or the last
     that it adopts CECL.20                                  change in reported adjusted allowances                 three years of the transition period,
                                                             for credit losses (AACL) 21 relative to the            respectively, on a straight-line basis, 25
                                                             first day of the fiscal year in which                  percent in the first year (or third year for
                                                             CECL was adopted and applying a                        banks electing the 2020 CECL rule), and
       17 85 FR 17723 (Mar. 31, 2020).                       scaling multiplier of 25 percent during                an additional 25 percent of the
       18 See 85 FR 61577 (Sept. 30, 2020).                  the first two years of the transition                  transitional amount over each of the
        19 A banking organization that is required to        period. The resulting amount is added                  next two years.23 At the beginning of the
     adopt CECL under GAAP in the 2020 calendar year,        to the CECL transitional amount                        sixth year for banks electing the 2020
     but chooses to delay use of CECL for regulatory         described above. Hence, the modified                   CECL rule, or the beginning of the
     reporting in accordance with section 4014 of the
                                                             CECL transitional amount for banks                     fourth year for banks electing the 2019
     Coronavirus Aid Relief, and Economic Security Act                                                              CECL rule, the electing bank would
     (CARES Act), is also eligible for the 2020 CECL
                                                             electing the 2020 CECL rule is
                                                             calculated on a quarterly basis during                 have completely reflected in regulatory
     transition provision. The CARES Act (Pub. L. 116–
                                                             the first two years of the transition                  capital the day-one effects of CECL
     136, 4014, 134 Stat. 281 (March 27, 2020)) provides
     banking organizations optional temporary relief         period. The bank reflects that modified                (plus, for banks electing the 2020 CECL
     from complying with CECL ending on the earlier of       CECL transitional amount, which                        rule, an estimate of CECL’s effect on
     (1) the termination date of the current national        includes 100 percent of the day-one                    regulatory capital, relative to the
     emergency, declared by the President on March 13,       impact of CECL on retained earnings
     2020 under the National Emergencies Act (50 U.S.C.                                                               22 See 85 FR 61580 (Sept. 30, 2020).

     1601 et seq.) concerning COVID–19; or (2)
                                                             plus a portion of the difference between                  23 Thus, when calculating regulatory capital, a

     December 31, 2020. If a banking organization            AACL reported in the most recent                       bank electing the 2019 CECL rule transition
     chooses to revert to the incurred loss methodology      regulatory report and AACL as of the                   provision would increase the retained earnings
     pursuant to the CARES Act in any quarter in 2020,       beginning of the fiscal year that the                  reported on its balance sheet by the applicable
     the banking organization would not apply any            banking organization adopts CECL, in                   portion of its CECL transitional amount, i.e., 75
     transitional amounts in that quarter but would be                                                              percent of its CECL transitional amount during the
                                                             the transitional amount applied to                     first year of the transition period, 50 percent of its
     allowed to apply the transitional amounts in
                                                                                                                    CECL transitional amount during the second year of
     subsequent quarters when the banking organization          21 The 2019 CECL rule defined a new term for        the transition period, and 25 percent of its CECL
     resumes use of CECL. The Consolidated                   regulatory capital purposes, adjusted allowances for   transitional amount during the third year of the
     Appropriations Act, 2021 (Pub. L. 116–260 (Dec. 27,     credit losses (AACL). The meaning of the term          transition period. A bank electing the 2020 CECL
     2020)) extended the optional temporary relief from      AACL for regulatory capital purposes is different      rule transition provision would increase the
     complying with CECL afforded under the CARES            from the meaning of the term allowances of credit      retained earnings reported on its balance sheet by
     Act, with an end date on the earlier of (1) the first   losses (ACL) used in applicable accounting             the applicable portion of its modified CECL
     day of the fiscal year of the IDI, bank holding         standards. The term allowance for credit losses as     transitional amount, i.e., 100 percent of its modified
     company, or any affiliate thereof that begins after     used by the FASB in ASU 2016–13 applies to both        CECL transitional amount during the first and
     the date on which the national emergency                financial assets measured at amortized cost and        second years of the transition period, 75 percent of
                                                             AFS debt securities. In contrast, the AACL             its CECL modified transitional amount during the
     concerning the COVID–19 outbreak declared by the
                                                             definition includes only those allowances that have    third year of the transition period, 50 percent of its
     President on March 13, 2020 under the National          been established through a charge against earnings     modified CECL transitional amount during the
     Emergencies Act (50 U.S.C. 1601 et seq.) terminates;    or retained earnings. Under the 2019 CECL rule, the    fourth year of the transition period, and 25 percent
     or (2) January 1, 2022.                                 term AACL, rather than ALLL, applies to a banking      of its CECL transitional amount during the fifth year
        20 See 85 FR 61578 (Sept. 30, 2020).                 organization that has adopted CECL.                    of the transition period.



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     11394            Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations

     incurred loss methodology’s effect on                   percent). The applicable portions of the              provided for under the 2019 and 2020
     regulatory capital, during the first two                CECL transitional amounts attributable                CECL rules. Specifically, in certain
     years of CECL adoption).24                              to allowances for credit losses on HTM                scorecard measures which are
        Certain financial measures that are                  debt securities, other financial assets               calculated using the sum of Tier 1
     used in the scorecard to determine                      measured at amortized cost, and off-                  capital and reserves, the FDIC proposed
     assessment rates for large or highly                    balance sheet credit exposures are                    to remove a specified portion of the
     complex banks are calculated using both                 included in Tier 1 capital only and are               CECL transitional amount (or modified
     Tier 1 capital and reserves. Tier 1                     not double counted with reserves for                  CECL transitional amount) that is added
     capital is reported in Call Report                      deposit insurance assessment purposes.                to retained earnings for regulatory
     Schedule RC–R, Part I, item 26, and for                    The CECL effective dates assigned by               capital purposes when determining
     banks that elect either the three-year                  ASU 2016–13 as most recently amended                  deposit insurance assessment rates. The
     transition provision contained in the                   by ASU No. 2019–10, the optional                      FDIC also proposed to adjust the
     2019 CECL rule or the five-year                         temporary relief from complying with                  calculation of the loss severity measure
     transition provision contained in the                   CECL afforded by the CARES Act and as                 to remove the double counting of a
     2020 CECL rule, Tier 1 capital includes                 extended by the Consolidated                          specified portion of the CECL
     (due to adjustments to the amount of                    Appropriations Act, 2021, and the                     transitional amounts for a large or
     retained earnings reported on the                       transitions provided for under the 2019               highly complex bank.
     balance sheet) the applicable portion of                CECL rule and 2020 CECL rule, provide                    The FDIC did not receive any
     the CECL transitional amount (or                        that all banks will have completely                   comment letters in response to the
     modified CECL transitional amount).                     reflected in regulatory capital the day-              proposal and is adopting the proposed
     For deposit insurance assessment                        one effects of CECL (plus, if applicable,             rule as final without change.
     purposes, reserves are calculated using                 an estimate of CECL’s effect on
     the amount reported in Call Report                      regulatory capital, relative to the                   III. The Final Rule
     Schedule RC, item 4.c, ‘‘Allowance for                  incurred loss methodology’s effect on                 A. Summary
     loan and lease losses.’’ For all banks that             regulatory capital, during the first two
     have adopted CECL, this Schedule RC                     years of CECL adoption) by December                      As proposed, in certain scorecard
     line item reflects the allowance for                    31, 2026. As a result, and as discussed               measures which are calculated using the
     credit losses on loans and leases.25                    below, the amendments to the deposit                  sum of Tier 1 capital and reserves, the
        The issue of double counting arises in               insurance assessment system and                       FDIC will remove a specified portion of
     certain financial measures used to                      changes to reporting requirements                     the CECL transitional amounts that is
     determine assessment rates for large or                 pursuant to this final rule will be                   added to retained earnings for
     highly complex banks that are                           applicable only while the temporary                   regulatory capital purposes when
     calculated using both Tier 1 capital and                regulatory capital relief described above,            determining deposit insurance
     reserves because the allowance for                      or any potential future amendment that                assessment rates. The FDIC also will
     credit losses on loans and leases is                    may affect the calculation of CECL                    adjust the calculation of the loss
     included during the transition period in                transitional amounts and the double                   severity measure to remove the double
     both reserves and, as a portion of the                  counting of these amounts for deposit                 counting of a specified portion of the
     CECL or modified CECL transitional                      insurance assessment purposes, is                     CECL transitional amounts for a large or
     amount, Tier 1 capital. For banks that                  reflected in the regulatory reports of                highly complex bank.
     elect either the three-year transition                  banks.                                                   Absent the adjustments to the
     provision contained in the 2019 CECL                                                                          calculation of certain financial measures
     rule or the five-year transition provision              F. The Proposed Rule                                  in the large or highly complex bank
     contained in the 2020 CECL rule, the                       On December 7, 2020, the FDIC                      scorecards under this final rule, the
     CECL transitional amounts, as defined                   published in the Federal Register a                   inclusion of the applicable portions of
     in section 301 of the regulatory capital                notice of proposed rulemaking (the                    the CECL transitional amounts added to
     rules, additionally include the effect on               proposed rule, or proposal) 26 that                   retained earnings for regulatory capital
     retained earnings, net of tax effect, of                would amend the risk-based deposit                    purposes and attributable to the
     establishing allowances for credit losses               insurance assessment system applicable                allowance for credit losses on loans and
     in accordance with the CECL                             to all large IDIs, including highly                   leases held for investment in regulatory
     methodology on HTM debt securities,                     complex IDIs, to address the temporary                capital and the implementation of CECL
     other financial assets measured at                      deposit insurance assessment effects                  in calculating reserves would result in
     amortized cost, and off-balance sheet                   resulting from certain optional                       temporary double counting of a portion
     credit exposures as of the beginning of                 regulatory capital transition provisions              of the CECL transitional amounts in
     the fiscal year of adoption (plus, for                  relating to the implementation of the                 select financial measures used to
     banks electing the 2020 CECL rule, the                  CECL methodology. To address these                    determine assessment rates for large or
     change during the first two years of the                temporary deposit insurance assessment                highly complex banks. For example, in
     transition period in reported AACLs for                 effects, in calculating certain measures              the denominator of the higher-risk
     HTM debt securities, other financial                    used in the scorecard for determining                 assets to Tier 1 capital and reserves
     assets measured at amortized cost, and                  deposit insurance assessment rates for                ratio, the applicable portions of the
     off-balance sheet credit exposures                      large or highly complex banks, the FDIC               CECL transitional amounts added to
     relative to the balances of these AACLs                 proposed to remove the applicable                     retained earnings for regulatory capital
     as of the beginning of the fiscal year of               portions of the CECL transitional                     purposes and attributable to the
     CECL adoption multiplied by 25                          amounts added to retained earnings for                allowance for credit losses on loans and
                                                             regulatory capital purposes and                       leases held for investment would be
        24 See 84 FR 4228 (Feb. 14, 2019) and 85 FR
                                                             attributable to the allowance for credit              included in Tier 1 capital, and these
     61580 (Sept. 30, 2020).                                 losses on loans and leases held for                   portions also would be reflected in the
        25 The allowance for credit losses on loans and

     leases held for investment also is reported in item
                                                             investment under the transitions                      calculation of reserves using the
     7, column A, of Call Report Schedule RI–B, Part II,                                                           allowance amount reported in Call
     Changes in Allowances for Credit Losses.                  26 85 FR 78794 (Dec. 7, 2020).                      Report Schedule RC, item 4.c. If left


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                           Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations                                                                                            11395

     uncorrected, this temporary double                                        increase in its allowances for credit                                       the allowance for credit losses on loans
     counting could result in a deposit                                        losses, and in its AACL for regulatory                                      and leases held for investment. Its
     insurance assessment rate for a large or                                  capital purposes, of $200,000, with a                                       combined Tier 1 capital and reserves
     highly complex bank that does not                                         reduction in beginning retained                                             would equal $11.2 million ($10 million
     accurately reflect the bank’s risk to the                                 earnings of $200,000, which flows                                           plus $1.2 million), reflecting double
     DIF, all else equal.                                                      through and results in Tier 1 capital of                                    counting of the $200,000 applicable
        In the following simplified, stylized                                  $9.8 million. For each of the quarterly                                     portion of the bank’s CECL transitional
     example, illustrated in Table 1 below,                                    reporting periods in year 1 of the five-                                    amount attributable to the allowance for
     consider a hypothetical large bank that                                   year transition period (i.e., 2020), the                                    credit losses on loans and leases.30
     has a CECL effective date of January 1,                                   electing bank would increase the
     2020, and elects a five-year transition.27                                retained earnings reported on its                                             Under the final rule, for purposes of
     On the closing balance sheet date                                         balance sheet by $200,000 for purposes                                      calculating assessments for large or
     immediately prior to adopting CECL                                        of calculating its regulatory capital                                       highly complex banks, the FDIC would
     (i.e., December 31, 2019), the electing                                   ratios, resulting in an increase in its Tier                                subtract $200,000 from the denominator
     bank has $1 million of ALLL and $10                                       1 capital of $200,000 to $10 million, all                                   of financial measures that sum Tier 1
     million of Tier 1 capital. On the opening                                 else equal.29                                                               capital and reserves, since the amount
     balance sheet date immediately after                                         In this example, in determining the                                      of $200,000 is incorporated in both Tier
     adopting CECL (i.e., January 1, 2020),                                    hypothetical large bank’s deposit                                           1 capital (as the applicable portion of
     the electing bank has $1.2 million of                                     insurance assessment rate, the bank’s                                       the CECL transitional amount in year
     allowances for credit losses, of which                                    Tier 1 capital of $10 million would                                         one of the five-year transition period)
     the entire $1.2 million qualifies as                                      include the $200,000 addition to the                                        and reserves in the denominator. The
     AACL for regulatory capital purposes                                      bank’s reported retained earnings due to                                    bank’s adjusted Tier 1 capital and
     and is attributable to the allowance for                                  the CECL transition (entirely                                               reserves would equal $11 million. The
     credit losses on loans and leases held                                    attributable to the allowance for credit                                    FDIC also would adjust the calculation
     for investment.28 The bank would                                          losses on loans and leases), and its                                        of the loss severity measure by
     recognize the adoption of CECL as of                                      reserves would equal $1.2 million, the
                                                                                                                                                           $200,000, as described below.
     January 1, 2020, by recording an                                          entire amount of which is attributable to

        TABLE 1—STYLIZED EXAMPLE 1 OF FIRST-QUARTER APPLICATION OF A FIVE-YEAR CECL TRANSITION IN CALCULATING
                      TIER 1 CAPITAL AND RESERVES FOR DEPOSIT INSURANCE ASSESSMENT PURPOSES
                                                        In thousands                                                                                  Dec. 31, 2019                                     Jan. 1, 2020

     Reserves .................................................................................................................   $1,000 (ALLL) ........................................             $1,200 (AACL).
     Tier 1 Capital ..........................................................................................................    $10,000 ..................................................         $10,000.
     Tier 1 Capital and Reserves (absent final rule) ......................................................                       $11,000 ..................................................         $11,200.
     Applicable Portion of the CECL Transitional Amount .............................................                             ................................................................   $200.
     Tier 1 Capital and Reserves (under final rule) .......................................................                       ................................................................   $11,000.
       1 This stylized example reflects the first-quarter application of a hypothetical bank that has adopted a five-year CECL transition under the 2020
     CECL rule and assumes that the full amount of the CECL transitional amount is attributable to the allowance for credit losses on loans and
     leases. The example does not reflect any changes over the course of the first quarter of 2020 (i.e., no changes in the amounts reported on the
     bank’s balance sheet between January 1 and March 31, 2020, the end of the reporting period for the first quarter). As a consequence, the bank’s
     modified CECL transitional amount as of March 31, 2020, equals its CECL transitional amount. This stylized example omits the effects of de-
     ferred tax assets, which are addressed in the agencies’ capital rule, the 2019 CECL rule, and the 2020 CECL rule.


       The final rule amends the deposit                                       and does not affect regulatory capital or
     insurance system applicable to large                                      the regulatory capital relief provided
     banks and highly complex banks only,                                      under the 2019 CECL rule or 2020 CECL

        27 This stylized example is included to illustrate                     balance sheet amount of retained earnings for the                           84 FR 4222 (Feb. 14, 2019) and 85 FR 61577 (Sept.
     the effect of the final rule and omits the effects of                     fiscal year-end immediately prior to a bank’s                               30, 2020).
     deferred tax assets on regulatory capital                                 adoption of CECL and the balance sheet amount of                               30 In this stylized example, the entirety of the
     calculations, which are addressed in the agencies’                        retained earnings as of the beginning of the fiscal                         CECL transitional amount is attributable to the
     capital rule, the 2019 CECL rule, and the 2020 CECL                       year in which the bank adopts CECL, the FDIC                                allowance for credit losses on loans and leases and
     rule. The example reflects the first-quarter 2020                         calculates financial measures used to determine
     application by a hypothetical large bank (with no                                                                                                     it equals the modified CECL transitional amount
                                                                               deposit insurance assessment rates using data                               during the first quarter of the transition period. The
     purchased credit-deteriorated assets) that has                            reported as of each quarter end.
     adopted the five-year CECL transition under the                                                                                                       applicable portion of the CECL transitional amounts
                                                                                  29 Under the 2019 CECL rule, when calculating
     2020 CECL rule and assumes that the full amount                                                                                                       is the amount that is double counted in certain
     of the CECL transitional amount is attributable to                        regulatory capital ratios during the first year of an                       financial measures used to determine deposit
     the allowance for credit losses on loans and leases.                      electing bank’s CECL adoption date, the bank must
                                                                                                                                                           insurance assessment rates and that the FDIC will
     The example does not reflect any changes over the                         phase in 25 percent of the transitional amounts. The
                                                                                                                                                           remove from those financial measures. However,
     course of the first quarterly reporting period in year                    bank would phase in an additional 25 percent of
                                                                                                                                                           CECL transitional amounts may also include
     1 (i.e., no changes in the amounts reported on the                        the transitional amounts over each of the next two
                                                                                                                                                           amounts attributable to allowances for credit losses
     bank’s balance sheet between January 1 and March                          years so that the bank would have phased in 75
                                                                               percent of the day-one adverse effects of adopting                          under CECL on HTM debt securities, other financial
     31, 2020, the end of the reporting period for the first
     quarter). As a consequence, the example bank’s                            CECL during year three. At the beginning of the                             assets measured at amortized cost, and off-balance
     modified CECL transitional amount as of March 31,                         fourth year, the bank would have completely                                 sheet credit exposures. Under the final rule, in
     2020 equals its CECL transitional amount. See 12                          reflected in regulatory capital the day-one effects of                      determining a large or highly complex bank’s
     CFR part 3 (OCC); 12 CFR part 217 (Board); 12 CFR                         CECL. Under the 2020 CECL rule, the modified                                deposit insurance assessment rate, the FDIC will
     part 324 (FDIC). See also 84 FR 4222 (Feb. 14, 2019)                      CECL transitional amount is calculated on a                                 continue to include in Tier 1 capital the applicable
     and 85 FR 61577 (Sept. 30, 2020).                                         quarterly basis during the first two years of the                           portion of any CECL transitional amounts
        28 While the CECL transitional amount is                               transition period. See 12 CFR part 3 (OCC); 12 CFR                          attributable to allowances for credit losses on items
     calculated using the difference between the closing                       part 217 (Board); 12 CFR part 324 (FDIC). See also                          other than loans and leases held for investment.



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     11396            Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations

     rule.31 The FDIC will continue the                      investment for large or highly complex                  3. Loss Severity Measure
     application of the transition provisions                banks.                                                     The loss severity measure estimates
     provided for under the 2019 and 2020                      While the FDIC recognizes that by the                 the relative magnitude of potential
     CECL rules to the Tier 1 leverage ratio                 April 1, 2021, effective date for this final            losses to the DIF in the event of an IDI’s
     used in determining deposit insurance                   rule, numerous large or highly complex                  failure.35 In calculating this measure,
     assessment rates for all IDIs.                          banks will have implemented CECL and                    the FDIC applies a standardized set of
        Temporary changes to the Call Report                 many will have elected the transition                   assumptions based on historical failures
     forms and instructions are required to                  provided under either the 2019 CECL                     regarding liability runoffs and the
     implement the amendments to the                         rule or 2020 CECL rule, the FDIC is not                 recovery value of asset categories to
     assessment system to remove the double                  making adjustments to prior quarterly                   simulate possible losses to the FDIC,
     counting under the final rule. These                    assessments.                                            reducing capital and assets until the
     changes are being effectuated in                        1. Credit Quality Measure                               Tier 1 leverage ratio declines to 2
     coordination with the other member                                                                              percent. The double counting results in
     entities of the Federal Financial                          The score for the credit quality
                                                                                                                     a greater reduction of assets during the
     Institutions Examination Council                        measure, applicable to both large banks
                                                                                                                     capital reduction phase and therefore a
     (FFIEC).32 Changes to regulatory                        and highly complex banks, is the greater
                                                                                                                     lower resolution value of assets at the
     reporting requirements pursuant to this                 of (1) the ratio of criticized and
                                                                                                                     time of failure, which in turn results in
     final rule will be required only while                  classified items to Tier 1 capital and
                                                                                                                     a higher loss severity measure that
     the regulatory capital relief is reflected              reserves score or (2) the ratio of                      reflects more risk than a bank actually
     in the regulatory reports of banks.                     underperforming assets to Tier 1 capital                poses to the DIF. Under the final rule,
                                                             and reserves score.33 The double                        the FDIC is adjusting the calculation of
     B. Adjustments to Certain Measures                      counting results in lower ratios and a
     Used in the Scorecard Approach for                                                                              the capital adjustment in the loss
                                                             credit quality measure that reflects less               severity measure to remove the double
     Determining Assessment Rates for Large                  risk than a bank actually poses to the
     or Highly Complex Banks                                                                                         counting of the applicable portion of the
                                                             DIF. Under the final rule, the FDIC is                  CECL transitional amounts added to
        Under the final rule, the FDIC will                  adjusting the denominator, Tier 1                       retained earnings for regulatory capital
     adjust the calculations of certain                      capital and reserves, used in both ratios               purposes and attributable to the
     financial measures used to determine                    by removing the applicable portions of                  allowance for credit losses on loans and
     deposit insurance assessment rates for                  the CECL transitional amounts added to                  leases held for investment for both large
     large or highly complex banks to remove                 retained earnings for regulatory capital                banks and highly complex banks.36
     the applicable portions of the CECL                     purposes and attributable to the
     transitional amounts added to retained                  allowance for credit losses on loans and                C. Other Conforming Amendments to
     earnings that is attributable to the                    leases held for investment.                             the Assessment Regulations
     allowance for credit losses on loans and                2. Concentration Measure                                   Under the final rule, the FDIC is
     leases held for investment. The FDIC is                                                                         making conforming amendments to the
     removing this part of the CECL                             For large banks, the concentration                   FDIC’s assessment regulations to
     transitional amounts because, for large                 measure is the higher of (1) the ratio of               effectuate the adjustments described
     or highly complex banks that have                       higher-risk assets to Tier 1 capital and                above and consistent with the proposed
     adopted CECL, the measure of reserves                   reserves or (2) the growth-adjusted                     rule. These conforming amendments
     used in the scorecard is the allowance                  portfolio concentration measure. The                    ensure that the adjustments to the
     for credit losses on loans and leases                   growth-adjusted portfolio concentration                 financial measures used to calculate a
     reported in Call Report Schedule RC,                    measure includes the ratio of                           large or highly complex bank’s
     item 4.c.                                               concentration levels for several loan                   assessment rate are properly
        This amount, which will be reported                  portfolios to Tier 1 capital and reserves.              incorporated into the assessment
                                                                For highly complex banks, the
     in a new line item in Schedule RC–O                                                                             regulations.
                                                             concentration measure is the highest of
     only on the FFIEC 031 and FFIEC 041
                                                             three measures: (1) The ratio of higher-                D. Regulatory Reporting Changes
     versions of the Call Report, will be
                                                             risk assets to Tier 1 capital and reserves,                A bank electing a transition under
     removed from scorecard measures that
                                                             (2) the ratio of top 20 counterparty                    either the 2019 CECL rule or the 2020
     are calculated using the sum of Tier 1
                                                             exposures to Tier 1 capital and reserves,               CECL rule must indicate its election to
     capital and reserves, as described in
                                                             or (3) the ratio of the largest                         use the 3-year 2019 or the 5-year 2020
     more detail below. The FDIC also will
                                                             counterparty exposure to Tier 1 capital                 CECL transition provision in Call Report
     adjust the calculation of the loss
                                                             and reserves.34
     severity measure to remove the double
                                                                The double counting results in lower                   35 Appendix D to subpart A of 12 CFR part 327
     counting by removing the applicable
                                                             ratios and a concentration measure that                 describes the calculation of the loss severity
     portions of the CECL transitional
                                                             reflects less risk than a bank actually                 measure.
     amounts added to retained earnings for                                                                            36 The loss severity measure is an average loss
                                                             poses to the DIF. Under the final rule,
     regulatory capital purposes and                                                                                 severity ratio for the three most recent quarters of
                                                             the FDIC is adjusting the denominator,
     attributable to the allowance for credit                                                                        data available. It is anticipated that the temporary
                                                             Tier 1 capital and reserves, used in each               reporting changes proposed pursuant to this final
     losses on loans and leases held for
                                                             of these ratios by removing the                         rule would be implemented no earlier than the first
                                                             applicable portions of the CECL                         applicable reporting period following the
       31 See 12 CFR part 3 (OCC); 12 CFR part 217
                                                                                                                     anticipated effective date of this final rule. As such,
     (Board); 12 CFR part 324 (FDIC). See also 84 FR         transitional amounts added to retained                  the FDIC will adjust the calculation of the loss
     4222 (Feb. 14, 2019) and 85 FR 61577 (Sept. 30,         earnings for regulatory capital purposes                severity measure to remove the double counting of
     2020).                                                  and attributable to the allowance for                   the specified portion of the CECL transitional
       32 As discussed in the section on the Paperwork                                                               amounts for one of the three quarters averaged in
                                                             credit losses on loans and leases held
     Reduction Act below, the agencies published a joint                                                             the first reporting period following the effective
     notice and request for comment (85 FR 82580 (Dec.
                                                             for investment.                                         date, for two of the three quarters averaged in the
     18, 2020)) requesting one additional temporary item                                                             second reporting period following the effective
                                                               33 See 12 CFR 327.16(b)(ii)(A)(2)(iv).
     on the Call Report (FFIEC 031 and FFIEC 041 only)                                                               date, and for all three quarters averaged in all
     to make the adjustments described below.                  34 See Appendix A to subpart A of 23 CFR 327.         subsequent reporting periods, as applicable.



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                      Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations                                      11397

     Schedule RC–R, Part I, item 2.a. In                     losses on loans and leases held for                   2020, the FDIC estimates that 109 of 139
     addition, such an electing bank must                    investment from certain financial                     large or highly complex banks had
     report the applicable portions of the                   measures used in the scorecards that                  implemented CECL, and that 94 had
     transitional amounts under the 2019                     determine deposit insurance assessment                elected a transition provided under
     CECL rule or the 2020 CECL rule in the                  rates for large or highly complex banks.              either the 2019 CECL rule or the 2020
     affected Call Report items during the                   Absent the final rule, this amount                    CECL rule. As banks phase out the
     transition period. For example, an                      would be temporarily double counted                   transitional amounts over time, the
     electing bank would add the applicable                  and could result in a deposit insurance               assessment effect also will decline. As
     portion of the CECL transitional amount                 assessment rate for a large or highly                 described previously, the optional
     (or the modified CECL transitional                      complex bank that does not accurately                 temporary relief from CECL afforded by
     amount) when calculating the amount of                  reflect the bank’s risk to the DIF, all else          the CARES Act and as extended by the
     retained earnings it would report in                    equal. Furthermore, the double counting               Consolidated Appropriations Act, 2021,
     Schedule RC–R, Part I, item 2, of the                   could result in inequitable deposit                   and the transitions provided for under
     Call Report.37                                          insurance assessments, as a large or                  the 2019 CECL rule and 2020 CECL rule,
        In calculating certain measures used                 highly complex bank that has not yet                  provide that all banks will have
     in the scorecard approach for                           implemented CECL or that does not                     completely reflected in regulatory
     determining deposit insurance                           utilize a transition provision could pay              capital the day-one effects of CECL
     assessments for large or highly complex                 a higher or lower assessment rate than                (plus, if applicable, an estimate of
     banks, under the final rule the FDIC will               a bank that has implemented CECL and                  CECL’s effect on regulatory capital,
     remove a specified portion of the CECL                  utilizes a transition provision, even if              relative to the incurred loss
     transitional amounts added to retained                  both banks pose equal risk to the DIF.                methodology’s effect on regulatory
     earnings under the transitions provided                 The FDIC estimates that the majority of               capital, during the first two years of
     for under the 2020 and 2019 CECL rules.                 large or highly complex banks affected                CECL adoption) by December 31, 2026,
     Specifically, in certain measures used in               by the double counting are currently                  thereby eliminating the double counting
     the scorecard approach for determining                  paying a lower rate than they would                   effects from the scorecard for large or
     assessments for large or highly complex                 absent the final rule. However, the FDIC              highly complex banks. These above
     banks, the FDIC will remove the                         also estimates that a few banks are                   estimates are subject to uncertainty
     applicable portion of the CECL                          currently paying a higher rate than they              given differing CECL implementation
     transitional amount (or modified CECL                   otherwise would pay if the issue of                   dates and the option for large or highly
     transitional amount) added to retained                  double counting is corrected. The FDIC                complex banks to choose between the
     earnings for regulatory capital purposes                estimates that the rate these latter banks            transitions offered under the 2019 CECL
     (Call Report Schedule RC–R, Part I, Item                are paying is higher by only a de                     rule or the 2020 CECL rule, or to
     2), attributable to the allowance for                   minimis amount, and occurs where the                  recognize the full impact of CECL on
     credits losses on loans and leases held                 double counting on the loss severity                  regulatory capital upon implementation.
     for investment and included in the                      measure more than offsets the effect of                  The final rule could pose some
     amount reported on the Call Report                      double counting on the other scorecard                additional regulatory costs for large or
     balance sheet in Schedule RC, item 4.c.                 measures that are calculated using the                highly complex banks that elect a
        However, large or highly complex                     sum of Tier 1 capital and reserves.                   transition under either the 2019 CECL
     banks that have elected a CECL                                                                                rule or the 2020 CECL rule associated
     transition provision do not currently                      Based on FDIC data as of September                 with changes to internal systems or
     report these specific portions of the                   30, 2020, the FDIC estimates that this                processes, or changes to reporting
     CECL transitional amounts in the Call                   double counting could result in                       requirements. It is the FDIC’s
     Report. Thus, implementing the                          approximately $55 million in annual                   understanding that banks already
     finalized amendments to the risk-based                  foregone assessment revenue, or 0.047                 calculate, for internal purposes, the
     deposit insurance assessment system                     percent of the DIF balance as of that                 portion of the CECL transitional amount
     applicable to large or highly complex                   date. This estimate includes the                      (or modified CECL transitional amount)
     banks requires temporary changes to the                 majority of large or highly complex                   added to retained earnings for
     reporting requirements applicable to the                banks that are paying a lower rate due                regulatory capital purposes that is
     Call Report and its related instructions.               to the double counting and the few                    attributable to the allowance for credit
     These reporting changes have been                       banks that are paying a higher rate                   losses on loans and leases held for
     proposed and are being effectuated in                   absent correction of double counting.                 investment. As such, the FDIC
     coordination with the other member                      The FDIC expects that absent this final               anticipates that the addition of this
     entities of the FFIEC.38 As previously                  rule, the estimated amount of foregone                temporary item to the Call Report would
     described, changes to reporting                         assessment revenue would increase as                  not impose significant additional
     requirements for large or highly                        additional large or highly complex                    burden and any additional costs are
     complex banks pursuant to this final                    banks adopt CECL, to the extent those                 likely to be de minimis.
     rule will be required only while the                    large or highly complex banks elect to
                                                             apply a transition. Absent the final rule,            IV. Effective Date of the Final Rule
     temporary relief is reflected in banks’
     regulatory reports.                                     the FDIC expects that this amount of                     The FDIC is issuing this final rule
                                                             foregone assessment revenue also may                  with an effective date of April 1, 2021,
     E. Expected Effects                                     increase as large or highly complex                   and applicable to the second quarterly
        The final rule removes the applicable                banks electing the 2020 CECL rule                     assessment period of 2021 (i.e., April 1–
     portions of the CECL transitional                       include in their modified CECL                        June 30, 2021). Based on this effective
     amounts added to retained earnings for                  transitional amounts an estimate of                   date, the temporary effects of the double
     regulatory capital purposes and                         CECL’s effect on regulatory capital,                  counting of the applicable portions of
     attributable to the allowance for credit                relative to the incurred loss                         the CECL transitional amounts in select
                                                             methodology’s effect on regulatory                    financial measures used in the scorecard
       37 See 84 FR 4227 and 85 FR 17726.                    capital, during the first two years of                approach for determining assessments
       38 85 FR 82580 (Dec. 18, 2020).                       CECL adoption. As of September 30,                    for large or highly complex banks will


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     11398            Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations

     be corrected beginning with the second                   system that measures risk and                         the final rule. These changes are being
     quarterly assessment period of 2021.                     determines each bank’s assessment rate,               effectuated in coordination with the
                                                              the final rule is not subject to the RFA.             other member entities of the FFIEC. As
     V. Administrative Law Matters
                                                              Nonetheless, the FDIC is voluntarily                  such, the FDIC considered the
     A. Administrative Procedure Act                          presenting information in this RFA                    requirements of the RCDRIA and are
                                                              section.                                              finalizing this rule with an effective date
        Under the Administrative Procedure
                                                                Based on Call Report data as of                     of April 1, 2021. The FDIC invited
     Act (APA),39 ‘‘[t]he required publication
                                                              September 30, 2020, the FDIC insures                  comments regarding the application of
     or service of a substantive rule shall be                5,042 depository institutions, of which
     made not less than 30 days before its                                                                          RCDRIA to the final rule, but did not
                                                              3,585 are defined as small entities by                receive comments on this topic.
     effective date, except as otherwise                      the terms of the RFA.44 The final rule,
     provided by the agency for good cause                    however, only applies to institutions                 D. Paperwork Reduction Act
     found and published with the rule.’’ 40                  with $10 billion or greater in total                    The Paperwork Reduction Act of 1995
        An effective date of April 1, 2021                    assets. Consequently, small entities for              (PRA) states that no agency may
     would mean that the temporary effects                    purposes of the RFA will experience no                conduct or sponsor, nor is the
     of the double counting of the applicable                 economic impact as a result of the                    respondent required to respond to, an
     portions of the CECL transitional                        implementation of this final rule.                    information collection unless it displays
     amounts in select financial measures                                                                           a currently valid Office of Management
     used in the scorecard approach for                       C. Riegle Community Development and
                                                              Regulatory Improvement Act of 1994                    and Budget (OMB) control number.46
     determining assessments for large or                                                                           The FDIC’s OMB control numbers for its
     highly complex banks are corrected,                         Section 302(a) of the Riegle                       assessment regulations are 3064–0057,
     beginning with the second quarterly                      Community Development and                             3064–0151, and 3064–0179. The final
     assessment period of 2021 (i.e., April 1–                Regulatory Improvement Act (RCDRIA)                   rule does not revise any of these existing
     June 30, 2021), with a payment due date                  requires that the Federal banking                     assessment information collections
     of September 30, 2021.                                   agencies, including the FDIC, in                      pursuant to the PRA and consequently,
     B. Regulatory Flexibility Act                            determining the effective date and                    no submissions in connection with
                                                              administrative compliance requirements                these OMB control numbers will be
        The Regulatory Flexibility Act (RFA),                 of new regulations that impose                        made to the OMB for review. However,
     5 U.S.C. 601 et seq., generally requires                 additional reporting, disclosure, or other            the final rule affects the agencies’
     an agency, in connection with a final                    requirements on IDIs, consider,                       current information collections for the
     rule, to prepare and make available for                  consistent with principles of safety and              Call Report (FFIEC 031 and FFIEC 041,
     public comment a final regulatory                        soundness and the public interest, any                but not FFIEC 051). The agencies’ OMB
     flexibility analysis that describes the                  administrative burdens that such                      control numbers for the Call Reports are:
     impact of a final rule on small entities.41              regulations would place on depository                 OCC OMB No. 1557–0081; Board OMB
     However, a regulatory flexibility                        institutions, including small depository              No. 7100–0036; and FDIC OMB No.
     analysis is not required if the agency                   institutions, and customers of                        3064–0052. The changes to the Call
     certifies that the rule will not have a                  depository institutions, as well as the               Report forms and instructions have been
     significant economic impact on a                         benefits of such regulations. In addition,            addressed in a separate Federal Register
     substantial number of small entities.                    section 302(b) of RCDRIA requires new                 notice or notices.47
     The U.S. Small Business Administration                   regulations and amendments to
     (SBA) has defined ‘‘small entities’’ to                  regulations that impose additional                    E. Plain Language
     include banking organizations with total                 reporting, disclosures, or other new                    Section 722 of the Gramm-Leach-
     assets of less than or equal to $600                     requirements on IDIs generally to take                Bliley Act 48 requires the Federal
     million.42 Certain types of rules, such as               effect on the first day of a calendar                 banking agencies to use plain language
     rules of particular applicability relating               quarter that begins on or after the date              in all proposed and final rulemakings
     to rates, corporate or financial                         on which the regulations are published                published in the Federal Register after
     structures, or practices relating to such                in final form, with certain exceptions,               January 1, 2000. The FDIC invited
     rates or structures, are expressly                       including for good cause.45                           comment regarding the use of plain
     excluded from the definition of ‘‘rule’’                    The amendments to the FDIC’s
                                                                                                                    language, but did not receive any
     for purposes of the RFA.43 Because the                   deposit insurance assessment
                                                                                                                    comments on this topic.
     final rule relates directly to the rates                 regulations under this final rule do
     imposed on IDIs for deposit insurance                    impose additional reporting,                          E. The Congressional Review Act
     and to the deposit insurance assessment                  disclosures, or other new requirements.                 For purposes of Congressional Review
                                                              As discussed above, the FDIC is making                Act, the OMB makes a determination as
       39 5 U.S.C. 553.                                       temporary changes to the FFIEC 031 and                to whether a final rule constitutes a
       40 5 U.S.C. 553(d).
                                                              FFIEC 041 Call Report forms and                       ‘‘major’’ rule. The OMB has determined
       41 5 U.S.C. 601 et seq.
                                                              instructions to implement the                         that the final rule is not a major rule for
        42 The SBA defines a small banking organization
                                                              amendments to the assessment system                   purposes of the Congressional Review
     as having $600 million or less in assets, where an
     organization’s ‘‘assets are determined by averaging      to remove the double counting under                   Act.
     the assets reported on its four quarterly financial                                                              If a rule is deemed a ‘‘major rule’’ by
     statements for the preceding year.’’ See 13 CFR            44 FDIC Call Report data, September 30, 2020.

     121.201 (as amended, effective August 19, 2019). In        45 5 U.S.C. 553(b)(B).
                                                                                                                    the OMB, the Congressional Review Act
     its determination, the SBA ‘‘counts the receipts,          45 U.S.C. 553(d).
                                                                                                                    generally provides that the rule may not
     employees, or other measure of size of the concern         45 U.S.C. 601 et seq.                               take effect until at least 60 days
     whose size is at issue and all of its domestic and         45 U.S.C. 801 et seq.                               following its publication. The
     foreign affiliates.’’ 13 CFR 121.103. Following these
     regulations, the FDIC uses a covered entity’s
                                                                45 U.S.C. 801(a)(3).                                Congressional Review Act defines a
                                                                45 U.S.C. 804(2).
     affiliated and acquired assets, averaged over the
                                                                45 U.S.C. 808(2).                                     46 4 U.S.C. 3501–3521.
     preceding four quarters, to determine whether the
     covered entity is ‘‘small’’ for the purposes of RFA.       45 12 U.S.C. 4802(a).                                 47 85 FR 82580 (Dec. 18, 2020).
        43 5 U.S.C. 601.                                        45 12 U.S.C. 4802(b).                                 48 12 U.S.C. 4809.




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     ‘‘major rule’’ as any rule that the                       Congressional Review Act, the FDIC                     PART 327—ASSESSMENTS
     Administrator of the Office of                            will submit the final rule and other
     Information and Regulatory Affairs of                     appropriate reports to Congress and the                ■ 1. The authority citation for part 327
     the OMB finds has resulted in or is                       Government Accountability Office for                   continues to read as follows:
     likely to result in—(A) an annual effect                  review.                                                  Authority: 12 U.S.C. 1813, 1815, 1817–19,
     on the economy of $100,000,000 or                                                                                1821.
     more; (B) a major increase in costs or                    List of Subjects in 12 CFR Part 327
     prices for consumers, individual                                                                                 ■ 2. In Appendix A to Subpart A, revise
                                                                 Bank deposit insurance, Banks,                       the table under the heading, ‘‘VI.
     industries, Federal, State, or Local
     government agencies or geographic                         Banking, Savings associations.                         Description of Scorecard Measures’’ to
     regions, or (C) significant adverse effects                                                                      read as follows:
                                                               Authority and Issuance
     on competition, employment,                                                                                      Appendix A to Subpart A of Part 327—
     investment, productivity, innovation, or                    For the reasons stated in the                        Method To Derive Pricing Multipliers
     on the ability of United States-based                     preamble, the Federal Deposit Insurance                and Uniform Amount
     enterprises to compete with foreign-                      Corporation amends 12 CFR part 327 as
     based enterprises in domestic and                         follows:                                               *        *   *    *     *
     export markets. As required by the                                                                               VI. Description of Scorecard Measures

                Scorecard
                measures 1                                                                              Description

     Leverage Ratio .....................   Tier 1 capital for Prompt Corrective Action (PCA) divided by adjusted average assets based on the definition for
                                              prompt corrective action.
     Concentration Measure for              The concentration score for large institutions is the higher of the following two scores:
       Large Insured depository
       institutions (excluding
       Highly Complex Institu-
       tions).
          (1) Higher-Risk Assets/           Sum of construction and land development (C&D) loans (funded and unfunded), higher-risk C&I loans (funded
             Tier 1 Capital and Re-           and unfunded), nontraditional mortgages, higher-risk consumer loans, and higher-risk securitizations divided by
             serves 2.                        Tier 1 capital and reserves. See Appendix C for the detailed description of the ratio.
          (2) Growth-Adjusted               The measure is calculated in the following steps:
             Portfolio Concentra-
             tions 2.
                                               (1) Concentration levels (as a ratio to Tier 1 capital and reserves) are calculated for each broad portfolio cat-
                                                 egory:
                                                    • C&D,
                                                    • Other commercial real estate loans,
                                                    • First lien residential mortgages (including non-agency residential mortgage-backed securities),
                                                    • Closed-end junior liens and home equity lines of credit (HELOCs),
                                                    • Commercial and industrial loans,
                                                    • Credit card loans, and
                                                    • Other consumer loans.
                                               (2) Risk weights are assigned to each loan category based on historical loss rates.
                                               (3) Concentration levels are multiplied by risk weights and squared to produce a risk-adjusted concentration
                                                 ratio for each portfolio.
                                               (4) Three-year merger-adjusted portfolio growth rates are then scaled to a growth factor of 1 to 1.2 where a
                                                 3-year cumulative growth rate of 20 percent or less equals a factor of 1 and a growth rate of 80 percent or
                                                 greater equals a factor of 1.2. If three years of data are not available, a growth factor of 1 will be assigned.
                                               (5) The risk-adjusted concentration ratio for each portfolio is multiplied by the growth factor and resulting val-
                                                 ues are summed.
                                               See Appendix C for the detailed description of the measure.
     Concentration Measure for              Concentration score for highly complex institutions is the highest of the following three scores:
       Highly Complex Institu-
       tions.
          (1) Higher-Risk Assets/           Sum of C&D loans (funded and unfunded), higher-risk C&I loans (funded and unfunded), nontraditional mort-
            Tier 1 Capital and Re-            gages, higher-risk consumer loans, and higher-risk securitizations divided by Tier 1 capital and reserves. See
            serves 2.                         Appendix C for the detailed description of the measure.
          (2) Top 20 Counterparty           Sum of the 20 largest total exposure amounts to counterparties divided by Tier 1 capital and reserves. The total
            Exposure/Tier 1 Cap-              exposure amount is equal to the sum of the institution’s exposure amounts to one counterparty (or borrower)
            ital and Reserves 2.              for derivatives, securities financing transactions (SFTs), and cleared transactions, and its gross lending expo-
                                              sure (including all unfunded commitments) to that counterparty (or borrower). A counterparty includes an enti-
                                              ty’s own affiliates. Exposures to entities that are affiliates of each other are treated as exposures to one
                                              counterparty (or borrower). Counterparty exposure excludes all counterparty exposure to the U.S. Government
                                              and departments or agencies of the U.S. Government that is unconditionally guaranteed by the full faith and
                                              credit of the United States. The exposure amount for derivatives, including OTC derivatives, cleared trans-
                                              actions that are derivative contracts, and netting sets of derivative contracts, must be calculated using the
                                              methodology set forth in 12 CFR 324.34(b), but without any reduction for collateral other than cash collateral
                                              that is all or part of variation margin and that satisfies the requirements of 12 CFR 324.10(c)(4)(ii)(C)(1)(ii) and
                                              (iii) and 324.10(c)(4)(ii)(C)(3) through (7). The exposure amount associated with SFTs, including cleared trans-
                                              actions that are SFTs, must be calculated using the standardized approach set forth in 12 CFR 324.37(b) or
                                              (c). For both derivatives and SFT exposures, the exposure amount to central counterparties must also include
                                              the default fund contribution.3



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     11400            Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations

               Scorecard
               measures 1                                                                              Description

          (3) Largest Counterparty         The largest total exposure amount to one counterparty divided by Tier 1 capital and reserves. The total exposure
            Exposure/Tier 1 Cap-             amount is equal to the sum of the institution’s exposure amounts to one counterparty (or borrower) for deriva-
            ital and Reserves 2.             tives, SFTs, and cleared transactions, and its gross lending exposure (including all unfunded commitments) to
                                             that counterparty (or borrower). A counterparty includes an entity’s own affiliates. Exposures to entities that are
                                             affiliates of each other are treated as exposures to one counterparty (or borrower). Counterparty exposure ex-
                                             cludes all counterparty exposure to the U.S. Government and departments or agencies of the U.S. Government
                                             that is unconditionally guaranteed by the full faith and credit of the United States. The exposure amount for de-
                                             rivatives, including OTC derivatives, cleared transactions that are derivative contracts, and netting sets of deriv-
                                             ative contracts, must be calculated using the methodology set forth in 12 CFR 324.34(b), but without any re-
                                             duction for collateral other than cash collateral that is all or part of variation margin and that satisfies the re-
                                             quirements of 12 CFR 324.10(c)(4)(ii)(C)(1)(ii) and (iii) and 324.10(c)(4)(ii)(C)(3) through (7). The exposure
                                             amount associated with SFTs, including cleared transactions that are SFTs, must be calculated using the
                                             standardized approach set forth in 12 CFR 324.37(b) or (c). For both derivatives and SFT exposures, the expo-
                                             sure amount to central counterparties must also include the default fund contribution.3
     Core Earnings/Average                 Core earnings are defined as net income less extraordinary items and tax-adjusted realized gains and losses on
       Quarter-End Total Assets.             available-for-sale (AFS) and held-to-maturity (HTM) securities, adjusted for mergers. The ratio takes a four-
                                             quarter sum of merger-adjusted core earnings and divides it by an average of five quarter-end total assets
                                             (most recent and four prior quarters). If four quarters of data on core earnings are not available, data for quar-
                                             ters that are available will be added and annualized. If five quarters of data on total assets are not available,
                                             data for quarters that are available will be averaged.
     Credit Quality Measure ........       The credit quality score is the higher of the following two scores:
         (1) Criticized and Classi-        Sum of criticized and classified items divided by the sum of Tier 1 capital and reserves. Criticized and classified
            fied Items/Tier 1 Cap-           items include items an institution or its primary federal regulator have graded ‘‘Special Mention’’ or worse and
            ital and Reserves 2.             include retail items under Uniform Retail Classification Guidelines, securities, funded and unfunded loans, other
                                             real estate owned (ORE), other assets, and marked-to-market counterparty positions, less credit valuation ad-
                                             justments.4 Criticized and classified items exclude loans and securities in trading books, and the amount recov-
                                             erable from the U.S. government, its agencies, or government-sponsored enterprises, under guarantee or in-
                                             surance provisions.
          (2) Underperforming As-          Sum of loans that are 30 days or more past due and still accruing interest, nonaccrual loans, restructured loans
            sets/Tier 1 Capital              (including restructured 1–4 family loans), and ORE, excluding the maximum amount recoverable from the U.S.
            and Reserves 2.                  government, its agencies, or government-sponsored enterprises, under guarantee or insurance provisions, di-
                                             vided by a sum of Tier 1 capital and reserves.
     Core Deposits/Total Liabil-           Total domestic deposits excluding brokered deposits and uninsured non-brokered time deposits divided by total li-
       ities.                                abilities.
     Balance Sheet Liquidity               Sum of cash and balances due from depository institutions, federal funds sold and securities purchased under
       Ratio.                                agreements to resell, and the market value of available for sale and held to maturity agency securities (ex-
                                             cludes agency mortgage-backed securities but includes all other agency securities issued by the U.S. Treasury,
                                             U.S. government agencies, and U.S. government-sponsored enterprises) divided by the sum of federal funds
                                             purchased and repurchase agreements, other borrowings (including FHLB) with a remaining maturity of one
                                             year or less, 5 percent of insured domestic deposits, and 10 percent of uninsured domestic and foreign depos-
                                             its.5
     Potential Losses/Total Do-            Potential losses to the DIF in the event of failure divided by total domestic deposits. Appendix D describes the
       mestic Deposits (Loss Se-             calculation of the loss severity measure in detail.
       verity Measure) 6.
     Market Risk Measure for               The market risk score is a weighted average of the following three scores:
       Highly Complex Institu-
       tions.
          (1) Trading Revenue              Trailing 4-quarter standard deviation of quarterly trading revenue (merger-adjusted) divided by Tier 1 capital.
            Volatility/Tier 1 Capital.
          (2) Market Risk Capital/         Market risk capital divided by Tier 1 capital.7
            Tier 1 Capital.
          (3) Level 3 Trading As-          Level 3 trading assets divided by Tier 1 capital.
            sets/Tier 1 Capital.
     Average Short-term Funding/           Quarterly average of federal funds purchased and repurchase agreements divided by the quarterly average of
       Average Total Assets.                total assets as reported on Schedule RC–K of the Call Reports.
       1 The FDIC retains the flexibility, as part of the risk-based assessment system, without the necessity of additional notice-and-comment rule-
     making, to update the minimum and maximum cutoff values for all measures used in the scorecard. The FDIC may update the minimum and
     maximum cutoff values for the higher-risk assets to Tier 1 capital and reserves ratio in order to maintain an approximately similar distribution of
     higher-risk assets to Tier 1 capital and reserves ratio scores as reported prior to April 1, 2013, or to avoid changing the overall amount of as-
     sessment revenue collected. 76 FR 10672, 10700 (February 25, 2011). The FDIC will review changes in the distribution of the higher-risk assets
     to Tier 1 capital and reserves ratio scores and the resulting effect on total assessments and risk differentiation between banks when determining
     changes to the cutoffs. The FDIC may update the cutoff values for the higher-risk assets to Tier 1 capital and reserves ratio more frequently than
     annually. The FDIC will provide banks with a minimum one quarter advance notice of changes in the cutoff values for the higher-risk assets to
     Tier 1 capital and reserves ratio with their quarterly deposit insurance invoice.
       2 The applicable portions of the current expected credit loss methodology (CECL) transitional amounts attributable to the allowance for credit
     losses on loans and leases held for investment and added to retained earnings for regulatory capital purposes pursuant to the regulatory capital
     regulations, as they may be amended from time to time (12 CFR part 3, 12 CFR part 217, 12 CFR part 324, 85 FR 61577 (Sept. 30, 2020), and
     84 FR 4222 (Feb. 14, 2019)), will be removed from the sum of Tier 1 capital and reserves.
       3 SFTs include repurchase agreements, reverse repurchase agreements, security lending and borrowing, and margin lending transactions,
     where the value of the transactions depends on market valuations and the transactions are often subject to margin agreements. The default fund
     contribution is the funds contributed or commitments made by a clearing member to a central counterparty’s mutualized loss sharing arrange-
     ment. The other terms used in this description are as defined in 12 CFR part 324, subparts A and D, unless defined otherwise in 12 CFR part
     327.



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                       Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations                                                11401
       4 A marked-to-market counterparty position is equal to the sum of the net marked-to-market derivative exposures for each counterparty. The
     net marked-to-market derivative exposure equals the sum of all positive marked-to-market exposures net of legally enforceable netting provisions
     and net of all collateral held under a legally enforceable CSA plus any exposure where excess collateral has been posted to the counterparty.
     For purposes of the Criticized and Classified Items/Tier 1 Capital and Reserves definition a marked-to-market counterparty position less any
     credit valuation adjustment can never be less than zero.
       5 Deposit runoff rates for the balance sheet liquidity ratio reflect changes issued by the Basel Committee on Banking Supervision in its Decem-
     ber 2010 document, ‘‘Basel III: International Framework for liquidity risk measurement, standards, and monitoring,’’ http://www.bis.org/publ/
     bcbs188.pdf.
       6 The applicable portions of the CECL transitional amounts attributable to the allowance for credit losses on loans and leases held for invest-
     ment and added to retained earnings for regulatory capital purposes will be removed from the calculation of the loss severity measure.
       7 Market risk is defined in 12 CFR 324.202.




     *     *     *    *     *                                  2020), and 84 FR 4222 (Feb. 14, 2019)), will          domestic deposits. Any projected shortfall is
     ■ 3. Amend Appendix C to Subpart A                        be removed from the sum of Tier 1 capital             divided by current domestic deposits to
                                                               and reserves throughout the large bank and            obtain an end-of-period loss severity ratio.
     by:
                                                               highly complex bank scorecards, including in          The loss severity measure is an average loss
     ■ a. Redesignating footnotes 2 through
                                                               the ratio of Higher-Risk Assets to Tier 1             severity ratio for the three most recent
     16 as footnotes 3 through 17; and                         Capital and Reserves, the Growth-Adjusted
     ■ b. Revising the paragraph under the                                                                           quarters of data available.
                                                               Portfolio Concentrations Measure, the ratio of           1 In most cases, the model would yield
     heading, ‘‘I. Concentration Measures,’’                   Top 20 Counterparty Exposure to Tier 1
     to read as follows:                                       Capital and Reserves, and the Ratio of Largest        reductions in liabilities and assets prior to
                                                               Counterparty Exposure to Tier 1 Capital and           failure. Exceptions may occur for institutions
     Appendix C to Subpart A of Part 327—                      Reserves.                                             primarily funded through insured deposits
     Description of Concentration Measures                                                                           which the model assumes to grow prior to
                                                               *      *      *      *       *                        failure.
     I. Concentration Measures
                                                               ■ 4. In Appendix D to Subpart A, revise                  2 Of course, in reality, runoff and capital
        The concentration score for large banks is             the introductory text to read as follows:             declines occur more or less simultaneously
     the higher of the higher-risk assets to Tier 1                                                                  as an institution approaches failure. The loss
     capital and reserves score or the growth-                 Appendix D to Subpart A of Part 327—                  severity measure assumptions simplify this
     adjusted portfolio concentrations score.1 The             Description of the Loss Severity
     concentration score for highly complex                                                                          process for ease of modeling.
                                                               Measure                                                  3 The applicable portions of the current
     institutions is the highest of the higher-risk
     assets to Tier 1 capital and reserves score, the             The loss severity measure applies a                expected credit loss methodology (CECL)
     Top 20 counterparty exposure to Tier 1                    standardized set of assumptions to an                 transitional amounts attributable to the
     capital and reserves score, or the largest                institution’s balance sheet to measure                allowance for credit losses on loans and
     counterparty to Tier 1 capital and reserves               possible losses to the FDIC in the event of an        leases held for investment and added to
     score.2 The higher-risk assets to Tier 1 capital          institution’s failure. To determine an                retained earnings for regulatory capital
     and reserves ratio and the growth-adjusted                institution’s loss severity rate, the FDIC first      purposes pursuant to the regulatory capital
     portfolio concentration measure are                       applies assumptions about uninsured deposit           regulations, as they may be amended from
     described herein.                                         and other unsecured liability runoff, and             time to time (12 CFR part 3, 12 CFR part 217,
        1 For the purposes of this Appendix, the               growth in insured deposits, to adjust the size        12 CFR part 324, 85 FR 61577 (Sept. 30,
     term ‘‘bank’’ means insured depository                    and composition of the institution’s                  2020), and 84 FR 4222 (Feb. 14, 2019)), will
     institution.                                              liabilities. Assets are then reduced to match         be removed from the calculation of the loss
        2 As described in Appendix A to this                   any reduction in liabilities.1 The institution’s      severity measure.
     subpart, the applicable portions of the                   asset values are then further reduced so that
                                                               the Leverage ratio reaches 2 percent.2 3 In           *        *   *    *      *
     current expected credit loss methodology
     (CECL) transitional amounts attributable to               both cases, assets are adjusted pro rata to           ■ 5. In Appendix E to subpart A, under
     the allowance for credit losses on loans and              preserve the institution’s asset composition.         the heading ‘‘II. Mitigating the
     leases held for investment and added to                   Assumptions regarding loss rates at failure
                                                               for a given asset category and the extent of          Assessment Effects of Paycheck
     retained earnings for regulatory capital
     purposes pursuant to the regulatory capital               secured liabilities are then applied to               Protection Program Loans for Large or
     regulations, as they may be amended from                  estimated assets and liabilities at failure to        Highly Complex Institutions’’, revise
     time to time (12 CFR part 3, 12 CFR part 217,             determine whether the institution has                 Table E.2 and paragraph (a) to read as
     12 CFR part 324, 85 FR 61577 (Sept. 30,                   enough unencumbered assets to cover                   follows:

      TABLE E.2—EXCLUSIONS FROM CERTAIN RISK MEASURES USED TO CALCULATE THE ASSESSMENT RATE FOR LARGE OR
                                          HIGHLY COMPLEX INSTITUTIONS
                Scorecard                                                           Description                                                   Exclusions
                measures 1

     Leverage Ratio ......................   Tier 1 capital for Prompt Corrective Action (PCA) divided by adjusted average as-         No Exclusion.
                                               sets based on the definition for prompt corrective action.
     Concentration Measure for               The concentration score for large institutions is the higher of the following two
       Large Insured depository                scores:
       institutions (excluding High-
       ly Complex Institutions).
          (1) Higher-Risk Assets/            Sum of construction and land development (C&D) loans (funded and unfunded),               No Exclusion.
             Tier 1 Capital and Re-            higher-risk commercial and industrial (C&I) loans (funded and unfunded), non-
             serves.                           traditional mortgages, higher-risk consumer loans, and higher-risk securitizations
                                               divided by Tier 1 capital and reserves. See Appendix C for the detailed descrip-
                                               tion of the ratio.
          (2) Growth-Adjusted Port-          The measure is calculated in the following steps:
            folio Concentrations.
                                                 (1) Concentration levels (as a ratio to Tier 1 capital and reserves) are cal-
                                                   culated for each broad portfolio category:



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      TABLE E.2—EXCLUSIONS FROM CERTAIN RISK MEASURES USED TO CALCULATE THE ASSESSMENT RATE FOR LARGE OR
                                    HIGHLY COMPLEX INSTITUTIONS—Continued
               Scorecard                                                          Description                                                 Exclusions
               measures 1

                                                     • Constructions and land development (C&D),
                                                     • Other commercial real estate loans,
                                                     • First lien residential mortgages (including non-agency residential mort-
                                                       gage-backed securities),
                                                     • Closed-end junior liens and home equity lines of credit (HELOCs),
                                                     • Commercial and industrial loans (C&I),
                                                     • Credit card loans, and
                                                     • Other consumer loans.
                                                (2) Risk weights are assigned to each loan category based on historical loss
                                                  rates.
                                                (3) Concentration levels are multiplied by risk weights and squared to produce
                                                  a risk-adjusted concentration ratio for each portfolio.
                                           (4) Three-year merger-adjusted portfolio growth rates are then scaled to a growth          Exclude from C&I loan
                                             factor of 1 to 1.2 where a 3-year cumulative growth rate of 20 percent or less             growth rate the out-
                                             equals a factor of 1 and a growth rate of 80 percent or greater equals a factor            standing amount of loans
                                             of 1.2. If three years of data are not available, a growth factor of 1 will be as-         provided under the Pay-
                                             signed.                                                                                    check Protection Pro-
                                                                                                                                        gram.
                                           (5) The risk-adjusted concentration ratio for each portfolio is multiplied by the
                                             growth factor and resulting values are summed.
                                           See Appendix C for the detailed description of the measure.
     Concentration Measure for             Concentration score for highly complex institutions is the highest of the following
       Highly Complex Institutions.          three scores:
         (1) Higher-Risk Assets/           Sum of C&D loans (funded and unfunded), higher-risk C&I loans (funded and un-              No Exclusion.
           Tier 1 Capital and Re-            funded), nontraditional mortgages, higher-risk consumer loans, and higher-risk
           serves.                           securitizations divided by Tier 1 capital and reserves. See Appendix C for the
                                             detailed description of the measure.
          (2) Top 20 Counterparty          Sum of the 20 largest total exposure amounts to counterparties divided by Tier 1           No Exclusion.
            Exposure/Tier 1 Cap-             capital and reserves. The total exposure amount is equal to the sum of the insti-
            ital and Reserves.               tution’s exposure amounts to one counterparty (or borrower) for derivatives, se-
                                             curities financing transactions (SFTs), and cleared transactions, and its gross
                                             lending exposure (including all unfunded commitments) to that counterparty (or
                                             borrower). A counterparty includes an entity’s own affiliates. Exposures to enti-
                                             ties that are affiliates of each other are treated as exposures to one
                                             counterparty (or borrower). Counterparty exposure excludes all counterparty ex-
                                             posure to the U.S. Government and departments or agencies of the U.S. Gov-
                                             ernment that is unconditionally guaranteed by the full faith and credit of the
                                             United States. The exposure amount for derivatives, including OTC derivatives,
                                             cleared transactions that are derivative contracts, and netting sets of derivative
                                             contracts, must be calculated using the methodology set forth in 12 CFR
                                             324.34(b), but without any reduction for collateral other than cash collateral that
                                             is all or part of variation margin and that satisfies the requirements of 12 CFR
                                             324.10(c)(4)(ii)(C)(1)(ii) and (iii) and 324.10(c)(4)(ii)(C)(3) through (7). The expo-
                                             sure amount associated with SFTs, including cleared transactions that are
                                             SFTs, must be calculated using the standardized approach set forth in 12 CFR
                                             324.37(b) or (c). For both derivatives and SFT exposures, the exposure amount
                                             to central counterparties must also include the default fund contribution.
          (3) Largest Counterparty         The largest total exposure amount to one counterparty divided by Tier 1 capital            No Exclusion.
            Exposure/Tier 1 Cap-             and reserves. The total exposure amount is equal to the sum of the institution’s
            ital and Reserves.               exposure amounts to one counterparty (or borrower) for derivatives, SFTs, and
                                             cleared transactions, and its gross lending exposure (including all unfunded
                                             commitments) to that counterparty (or borrower). A counterparty includes an en-
                                             tity’s own affiliates. Exposures to entities that are affiliates of each other are
                                             treated as exposures to one counterparty (or borrower). Counterparty exposure
                                             excludes all counterparty exposure to the U.S. Government and departments or
                                             agencies of the U.S. Government that is unconditionally guaranteed by the full
                                             faith and credit of the United States. The exposure amount for derivatives, in-
                                             cluding OTC derivatives, cleared transactions that are derivative contracts, and
                                             netting sets of derivative contracts, must be calculated using the methodology
                                             set forth in 12 CFR 324.34(b), but without any reduction for collateral other than
                                             cash collateral that is all or part of variation margin and that satisfies the re-
                                             quirements of 12 CFR 324.10(c)(4)(ii)(C)(1)(ii) and (iii) and 324.10(c)(4)(ii)(C)(3)
                                             through (7). The exposure amount associated with SFTs, including cleared
                                             transactions that are SFTs, must be calculated using the standardized approach
                                             set forth in 12 CFR 324.37(b) or (c). For both derivatives and SFT exposures,
                                             the exposure amount to central counterparties must also include the default
                                             fund contribution.




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                      Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations                                             11403

      TABLE E.2—EXCLUSIONS FROM CERTAIN RISK MEASURES USED TO CALCULATE THE ASSESSMENT RATE FOR LARGE OR
                                    HIGHLY COMPLEX INSTITUTIONS—Continued
               Scorecard                                                          Description                                                 Exclusions
               measures 1

     Core Earnings/Average Quar-           Core earnings are defined as net income less extraordinary items and tax-ad-              Prior to averaging, exclude
       ter-End Total Assets.                 justed realized gains and losses on available-for-sale (AFS) and held-to-maturity         from total assets for the
                                             (HTM) securities, adjusted for mergers. The ratio takes a four-quarter sum of             applicable quarter-end
                                             merger-adjusted core earnings and divides it by an average of five quarter-end            periods the outstanding
                                             total assets (most recent and four prior quarters). If four quarters of data on           balance of loans provided
                                             core earnings are not available, data for quarters that are available will be             under the Paycheck Pro-
                                             added and annualized. If five quarters of data on total assets are not available,         tection Program.
                                             data for quarters that are available will be averaged.
     Credit Quality Measure. 2             The credit quality score is the higher of the following two scores:
         (1) Criticized and Classi-        Sum of criticized and classified items divided by the sum of Tier 1 capital and re-       No Exclusion.
            fied Items/Tier 1 Cap-           serves. Criticized and classified items include items an institution or its primary
            ital and Reserves.               federal regulator have graded ‘‘Special Mention’’ or worse and include retail
                                             items under Uniform Retail Classification Guidelines, securities, funded and un-
                                             funded loans, other real estate owned (ORE), other assets, and marked-to-mar-
                                             ket counterparty positions, less credit valuation adjustments. Criticized and clas-
                                             sified items exclude loans and securities in trading books, and the amount re-
                                             coverable from the U.S. government, its agencies, or government-sponsored
                                             enterprises, under guarantee or insurance provisions.
          (2) Underperforming As-          Sum of loans that are 30 days or more past due and still accruing interest, non-          No Exclusion.
            sets/Tier 1 Capital and          accrual loans, restructured loans (including restructured 1–4 family loans), and
            Reserves.                        ORE, excluding the maximum amount recoverable from the U.S. government,
                                             its agencies, or government-sponsored enterprises, under guarantee or insur-
                                             ance provisions, divided by a sum of Tier 1 capital and reserves.
     Core Deposits/Total Liabilities       Total domestic deposits excluding brokered deposits and uninsured non-brokered            Exclude from total liabilities
                                             time deposits divided by total liabilities.                                               outstanding borrowings
                                                                                                                                       from Federal Reserve
                                                                                                                                       Banks under the Pay-
                                                                                                                                       check Protection Pro-
                                                                                                                                       gram Liquidity Facility
                                                                                                                                       with a maturity of one
                                                                                                                                       year or less and out-
                                                                                                                                       standing borrowings from
                                                                                                                                       the Federal Reserve
                                                                                                                                       Banks under the Pay-
                                                                                                                                       check Protection Pro-
                                                                                                                                       gram Liquidity Facility
                                                                                                                                       with a maturity of greater
                                                                                                                                       than one year.
     Balance Sheet Liquidity Ratio         Sum of cash and balances due from depository institutions, federal funds sold and         Include in highly liquid as-
                                             securities purchased under agreements to resell, and the market value of avail-           sets the outstanding bal-
                                             able for sale and held to maturity agency securities (excludes agency mortgage-           ance of PPP loans that
                                             backed securities but includes all other agency securities issued by the U.S.             exceed borrowings from
                                             Treasury, U.S. government agencies, and U.S. government sponsored enter-                  the Federal Reserve
                                             prises) divided by the sum of federal funds purchased and repurchase agree-               Banks under the PPPLF,
                                             ments, other borrowings (including FHLB) with a remaining maturity of one year            until September 30,
                                             or less, 5 percent of insured domestic deposits, and 10 percent of uninsured do-          2020, or if extended by
                                             mestic and foreign deposits.                                                              the Board of Governors
                                                                                                                                       of the Federal Reserve
                                                                                                                                       System and the Sec-
                                                                                                                                       retary of the Treasury,
                                                                                                                                       until such date of exten-
                                                                                                                                       sion.
                                                                                                                                     Exclude from other bor-
                                                                                                                                       rowings with a remaining
                                                                                                                                       maturity of one year or
                                                                                                                                       less the balance of out-
                                                                                                                                       standing borrowings from
                                                                                                                                       the Federal Reserve
                                                                                                                                       Banks under the Pay-
                                                                                                                                       check Protection Pro-
                                                                                                                                       gram Liquidity Facility
                                                                                                                                       with a remaining maturity
                                                                                                                                       of one year or less.
     Potential Losses/Total Do-            Potential losses to the DIF in the event of failure divided by total domestic depos-      Exclusions are described in
       mestic Deposits (Loss Se-             its. Paragraph (a) of this section describes the calculation of the loss severity         paragraph (a) of this sec-
       verity Measure).                      measure in detail.                                                                        tion.
     Market Risk Measure for               The market risk score is a weighted average of the following three scores:
       Highly Complex Institu-
       tions 2.



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     11404            Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations

      TABLE E.2—EXCLUSIONS FROM CERTAIN RISK MEASURES USED TO CALCULATE THE ASSESSMENT RATE FOR LARGE OR
                                    HIGHLY COMPLEX INSTITUTIONS—Continued
               Scorecard                                                                 Description                                                              Exclusions
               measures 1

         (1) Trading Revenue Vol-          Trailing 4-quarter standard deviation of quarterly trading revenue (merger-ad-                                 No Exclusion.
           atility/Tier 1 Capital.           justed) divided by Tier 1 capital.
         (2) Market Risk Capital/          Market risk capital divided by Tier 1 capital ..............................................................   No Exclusion.
           Tier 1 Capital.
         (3) Level 3 Trading As-           Level 3 trading assets divided by Tier 1 capital ........................................................      No Exclusion.
           sets/Tier 1 Capital.
     Average Short-term Funding/           Quarterly average of federal funds purchased and repurchase agreements divided                                 Exclude from the quarterly
       Average Total Assets.                by the quarterly average of total assets as reported on Schedule RC–K of the                                    average of total assets
                                            Call Reports.                                                                                                   the outstanding balance
                                                                                                                                                            of loans provided under
                                                                                                                                                            the Paycheck Protection
                                                                                                                                                            Program.
        1 The applicable portions of the current expected credit loss methodology (CECL) transitional amounts attributable to the allowance for credit
     losses on loans and leases held for investment and added to retained earnings for regulatory capital purposes pursuant to the regulatory capital
     regulations, as they may be amended from time to time (12 CFR part 3, 12 CFR part 217, 12 CFR part 324, 85 FR 61577 (Sept. 30, 2020), and
     84 FR 4222 (Feb. 14, 2019)), will be removed from the sum of Tier 1 capital and reserves throughout the large bank and highly complex bank
     scorecards, including in the ratio of Higher-Risk Assets to Tier 1 Capital and Reserves, the Growth-Adjusted Portfolio Concentrations Measure,
     the ratio of Top 20 Counterparty Exposure to Tier 1 Capital and Reserves, the Ratio of Largest Counterparty Exposure to Tier 1 Capital and Re-
     serves, the ratio of Criticized and Classified Items to Tier 1 Capital and Reserves, and the ratio of Underperforming Assets to Tier 1 Capital and
     Reserves. All of these ratios are described in appendix A of this subpart.
        2 The credit quality score is the greater of the criticized and classified items to Tier 1 capital and reserves score or the underperforming assets
     to Tier 1 capital and reserves score. The market risk score is the weighted average of three scores—the trading revenue volatility to Tier 1 cap-
     ital score, the market risk capital to Tier 1 capital score, and the level 3 trading assets to Tier 1 capital score. All of these ratios are described in
     appendix A of this subpart and the method of calculating the scores is described in appendix B of this subpart. Each score is multiplied by its re-
     spective weight, and the resulting weighted score is summed to compute the score for the market risk measure. An overall weight of 35 percent
     is allocated between the scores for the credit quality measure and market risk measure. The allocation depends on the ratio of average trading
     assets to the sum of average securities, loans and trading assets (trading asset ratio) as follows: (1) Weight for credit quality score = 35 percent
     * (1—trading asset ratio); and, (2) Weight for market risk score = 35 percent * trading asset ratio. In calculating the trading asset ratio, exclude
     from the balance of loans the outstanding balance of loans provided under the Paycheck Protection Program.


        (a) Description of the loss severity                    Protection Program that exceed total                             from the calculation of the loss severity
     measure. The loss severity measure                         outstanding borrowings from Federal                              measure.
     applies a standardized set of                              Reserve Banks under the Paycheck                                 *    *     *     *    *
     assumptions to an institution’s balance                    Protection Program Liquidity Facility, if                        Federal Deposit Insurance Corporation.
     sheet to measure possible losses to the                    any. The institution’s asset values are
     FDIC in the event of an institution’s                                                                                         By order of the Board of Directors.
                                                                then further reduced so that the
     failure. To determine an institution’s                                                                                        Dated at Washington, DC, on February 16,
                                                                Leverage Ratio reaches 2 percent. In
     loss severity rate, the FDIC first applies                                                                                  2021.
                                                                both cases, assets are adjusted pro rata
     assumptions about uninsured deposit                                                                                         James P. Sheesley,
                                                                to preserve the institution’s asset
     and other liability runoff, and growth in                  composition. Assumptions regarding                               Assistant Executive Secretary.
     insured deposits, to adjust the size and                   loss rates at failure for a given asset                          [FR Doc. 2021–03456 Filed 2–23–21; 11:15 am]
     composition of the institution’s                           category and the extent of secured                               BILLING CODE 6714–01–P
     liabilities. Exclude total outstanding                     liabilities are then applied to estimated
     borrowings from Federal Reserve Banks                      assets and liabilities at failure to
     under the Paycheck Protection Program                      determine whether the institution has                            DEPARTMENT OF TRANSPORTATION
     Liquidity Facility from short-and long-                    enough unencumbered assets to cover
     term secured borrowings, as                                                                                                 Federal Aviation Administration
                                                                domestic deposits. Any projected
     appropriate. Assets are then reduced to
                                                                shortfall is divided by current domestic
     match any reduction in liabilities.                                                                                         14 CFR Part 39
                                                                deposits to obtain an end-of-period loss
     Exclude from an institution’s balance of
     commercial and industrial loans the                        severity ratio. The loss severity measure                        [Docket No. FAA–2020–0503; Product
                                                                is an average loss severity ratio for the                        Identifier 2018–SW–006–AD; Amendment
     outstanding balance of loans provided                                                                                       39–21386; AD 2021–02–03]
     under the Paycheck Protection Program.                     three most recent quarters of data
     In the event that the outstanding                          available. The applicable portions of the                        RIN 2120–AA64
     balance of loans provided under the                        current expected credit loss
     Paycheck Protection Program exceeds                        methodology (CECL) transitional                                  Airworthiness Directives; Leonardo
     the balance of commercial and                              amounts attributable to the allowance                            S.p.a. Helicopters
     industrial loans, exclude any remaining                    for credit losses on loans and leases                            AGENCY: Federal Aviation
     balance of loans provided under the                        held for investment and added to                                 Administration (FAA), DOT.
     Paycheck Protection Program first from                     retained earnings for regulatory capital
                                                                                                                                 ACTION: Final rule.
     the balance of all other loans, up to the                  purposes pursuant to the regulatory
     total amount of all other loans, followed                  capital regulations, as they may be                              SUMMARY: The FAA is adopting a new
     by the balance of agricultural loans, up                   amended from time to time (12 CFR part                           airworthiness directive (AD) for certain
     to the total amount of agricultural loans.                 3, 12 CFR part 217, 12 CFR part 324, 85                          Leonardo S.p.a. (Leonardo) Model
     Increase cash balances by outstanding                      FR 61577 (Sept. 30, 2020), and 84 FR                             AW189 helicopters. This AD requires
     loans provided under the Paycheck                          4222 (Feb. 14, 2019)), will be removed                           various repetitive inspections of the


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