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Loans to Executive Officers, Directors, and Principal Shareholders of Member Banks (rule, 85 FR 22345, April 22, 2020)

Summary

An interim final rule from the Board of Governors of the Federal Reserve System, published in the Federal Register on April 22, 2020 (Vol. 85, No. 78), effective that day, with a request for comments (Docket No. 1714). The Board excepts certain Paycheck Protection Program (PPP) loans from the requirements of section 22(h) of the Federal Reserve Act and Regulation O, which govern bank loans to executive officers, directors and principal shareholders. It cites disruptions caused by the Coronavirus Disease 2019 and strains in U.S. financial markets. The rule notes that only loans made between February 15, 2020, and June 30, 2020, are eligible for the PPP. The Board reasons that PPP loans carry standard terms set by the program, including an interest rate of 100 basis points that lenders may not alter, and that the Board has determined they pose minimal risk.

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Cite this document

“Loans to Executive Officers, Directors, and Principal Shareholders of Member Banks (rule, 85 FR 22345, April 22, 2020).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/loans-to-executive-officers-directors-and-principal-shareholders-of-me-3c11340e8b/, SHA-256 14949bb25b643c66ed80c5d289d09371ef654c98c497ee04a6d2b5d0812d1b9f.

Full text

                                                                                                                                                                                                    22345

                                             Rules and Regulations                                                                                         Federal Register
                                                                                                                                                           Vol. 85, No. 78

                                                                                                                                                           Wednesday, April 22, 2020



                                             This section of the FEDERAL REGISTER                      All public comments will be made                    and many other countries. In addition,
                                             contains regulatory documents having general            available on the Board’s website at                   financial markets have experienced
                                             applicability and legal effect, most of which           http://www.federalreserve.gov/                        significant volatility. The magnitude
                                             are keyed to and codified in the Code of                generalinfo/foia/ProposedRegs.cfm as                  and persistence of the overall effects on
                                             Federal Regulations, which is published under           submitted, unless modified for technical              the economy remain highly uncertain.
                                             50 titles pursuant to 44 U.S.C. 1510.
                                                                                                     reasons or to remove personally                       In light of these developments, Congress
                                             The Code of Federal Regulations is sold by              identifiable information at the                       passed the Coronavirus Aid, Relief, and
                                             the Superintendent of Documents.                        commenter’s request. Accordingly,                     Economic Security (CARES) Act which,
                                                                                                     comments will not be edited to remove                 among other things, created the
                                                                                                     any identifying or contact information.               Paycheck Protection Program (PPP) to
                                             FEDERAL RESERVE SYSTEM                                  Public comments also may be viewed                    facilitate lending to small businesses
                                                                                                     electronically or in paper form in Room               affected by COVID–19.
                                             12 CFR Part 215                                         146, 1709 New York Avenue NW,                            Under the PPP, qualified lenders,
                                                                                                     Washington, DC 20006, between 9:00                    including many depository institutions
                                             [Regulation O; Docket No. 1714]                                                                               subject to section 22(h) of the Federal
                                                                                                     a.m. and 5:00 p.m. on weekdays.
                                                                                                     FOR FURTHER INFORMATION CONTACT:                      Reserve Act and the Board’s Regulation
                                             RIN 7100–AF 88
                                                                                                     Laurie Schaffer, Deputy General                       O,1 may make loans to small businesses
                                             Loans to Executive Officers, Directors,                 Counsel, (202) 452–2272, Alison Thro,                 for payroll-related and other purposes
                                             and Principal Shareholders of Member                    Deputy Associate General Counsel,                     specified in the CARES Act.2 Loans that
                                             Banks                                                   (202) 452–3236, Benjamin McDonough,                   meet the requirements for the PPP (PPP
                                                                                                     Assistant General Counsel, (202) 452–                 loans) set forth by the Small Business
                                             AGENCY: Board of Governors of the                                                                             Administration (SBA) are guaranteed as
                                                                                                     2036, Josh Strazanac, Senior Attorney,
                                             Federal Reserve System (Board).                         (202) 452–2457, Jasmin Keskinen, Legal                to the unpaid principal and accrued
                                             ACTION: Interim final rule with request                 Assistant, (202) 475–6650, Legal                      interest of the loan. The guarantee for
                                             for comments.                                           Division; or Anna Lee Hewko, Associate                PPP loans provided by the SBA is
                                                                                                     Director, (202) 530–6360, Constance                   backed by the full faith and credit of the
                                             SUMMARY: In light of recent disruptions                                                                       United States. Only loans made between
                                                                                                     Horsley, Deputy Associate Director,
                                             in economic conditions caused by the                                                                          February 15, 2020, and June 30, 2020,
                                                                                                     (202) 452–5239, Kathryn Ballintine,
                                             Coronavirus Disease 2019 and current                                                                          are eligible for the PPP.3 The SBA has
                                                                                                     Manager, (202) 452–2555, Joe
                                             strains in U.S. financial markets, the                                                                        issued several interim final rules to
                                                                                                     Maldonado, Senior Financial Policy
                                             Board is issuing an interim final rule                                                                        implement the PPP.4
                                                                                                     Analyst, (202) 973–7341, Division of
                                             that excepts certain loans that are                                                                              Under the PPP, eligible borrowers
                                                                                                     Supervision and Regulation; Board of
                                             guaranteed under the Small Business                                                                           generally include businesses with fewer
                                                                                                     Governors of the Federal Reserve
                                             Administration’s Paycheck Protection                                                                          than 500 employees or that are
                                                                                                     System, 20th Street and Constitution
                                             Program from the requirements of                                                                              otherwise considered by the SBA to be
                                                                                                     Avenue NW, Washington, DC 20551.
                                             section 22(h) of the Federal Reserve Act                                                                      small, including individuals operating
                                                                                                     Users of Telecommunication Device for
                                             and the corresponding provisions of the                                                                       sole proprietorships, entities that are
                                                                                                     Deaf (TDD) only, call (202) 263–4869.
                                             Board’s Regulation O.                                                                                         independent contractors of other
                                                                                                     SUPPLEMENTARY INFORMATION:
                                             DATES: This rule is effective April 22,                                                                       businesses, certain franchisees,
                                             2020. Comments on the interim final                     Table of Contents                                     nonprofit corporations, veterans
                                             rule must be received no later than June                                                                      organizations, and Tribal businesses.5
                                                                                                     I. Background
                                             8, 2020.                                                   A. The Paycheck Protection Program and             The loan amount under the PPP is
                                             ADDRESSES: You may submit comments,                           Small Business Administration Lending           limited to the lesser of $10 million and
                                             identified by Docket No. R–1714 and                           Restrictions                                    250 percent of a borrower’s average
                                             RIN 7100 AF 88, by any of the following                    B. Insider Lending Restrictions in the             monthly payroll costs.6
                                             methods:                                                      Federal Reserve Act and Regulation O               Under the PPP, a borrower may apply
                                                • Agency Website: http://
                                                                                                     II. The Interim Final Rule                            to a PPP qualified lender for forgiveness
                                                                                                     III. Administrative Law Matters                       of the portion of a PPP loan that is used
                                             www.federalreserve.gov. Follow the                         A. Administrative Procedure Act
                                             instructions for submitting comments at                    B. Congressional Review Act                          1 12 U.S.C. 375b; 12 CFR part 215.
                                             https://www.federalreserve.gov/                            C. Paperwork Reducation Act                           2 Public Law 116–136, 134 Stat. 281. CARES Act
                                             generalinfo/foia/ProposedRegs.cfm.                         D. Regulatory Flexibility Act                      section 1102(a)(2).
                                                • Email: regs.comments@                                 E. Riegle Community Development and                   3 Id.

                                             federalreserve.gov. Include docket and                        Regulatory Improvement Act of 1994                 4 Interim Final Rule: ‘‘Business Loan Program

                                             RIN numbers in the subject line of the                     F. Use of Plain Language                           Temporary Changes; Paycheck Protection Program’’
                                                                                                                                                           (April 2, 2020) (85 FR 20811); Interim Final Rule:
                                             message.                                                I. Background




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                                                                                                                                                           ‘‘Business Loan Program Temporary Changes;
                                                • Fax: (202) 452–3819 or (202) 452–                                                                        Paycheck Protection Program’’ (April 2, 2020) (85
                                             3102.                                                   A. The Paycheck Protection Program                    FR 20817); Interim Final Rule: ‘‘Business Loan
                                                • Mail: Ann E. Misback, Secretary,                   and Small Business Administration                     Program Temporary Changes; Paycheck Protection
                                             Board of Governors of the Federal                       Lending Restrictions                                  Program—Additional Eligibility Criteria and
                                                                                                                                                           Requirements for Certain Pledges of Loans’’ (April
                                             Reserve System, 20th Street and                           The spread of the Coronavirus Disease               14, 2020) (85 FR 21747).
                                             Constitution Avenue NW, Washington,                     2019 (COVID–19) has disrupted                            5 Id.

                                             DC 20551.                                               economic activity in the United States                   6 Id.




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                                             22346            Federal Register / Vol. 85, No. 78 / Wednesday, April 22, 2020 / Rules and Regulations

                                             in the first eight weeks of the loan for                B. Insider Lending Restrictions in the                  extends to 100 percent of the PPP loan
                                             payroll costs and certain mortgage, rent,               Federal Reserve Act and Regulation O                    amount. PPP loans also are less
                                             and utility payments. The SBA will                         Among other things, section 22(h) and                susceptible to insider abuse than other
                                             reimburse the PPP lender for the                        Regulation O impose requirements on a                   extensions of credit from a bank to an
                                             forgiven amount of any PPP loan.7 PPP                   bank regarding extensions of credit                     insider, other loans guaranteed by the
                                             loans will have a maturity of two years                 made to insiders 14 of the bank or its                  SBA, or other extensions of credit that
                                             and an interest rate of 100 basis points.8              affiliates. Loans to insiders are subject to            the Board previously has determined
                                             PPP lenders may not alter these terms.                  quantitative limits, prior approval                     pose minimal risk.23 Unlike these other
                                                                                                     requirements by the bank’s board, and                   extensions of credit, PPP loans have
                                                PPP loans are subject to the same                                                                            standard terms that do not allow for
                                             rules, conditions, and requirements as                  qualitative requirements concerning
                                                                                                     loan terms.15 Regulation O also requires                variation between borrowers, so banks
                                             all other loans made under section 7(a)                                                                         are unable to modify the terms of PPP
                                                                                                     banks to keep certain records and make
                                             of the Small Business Act, unless                                                                               loans to be more favorable for insiders
                                                                                                     certain disclosures concerning
                                             otherwise specified by the SBA in its                   extensions of credit subject to the rule.16             than for borrowers that are not insiders.
                                             interim final rules administering the                   Under section 22(h), an ‘‘extension of                  Furthermore, like the PPP, which only
                                             PPP.9 Normally, SBA regulations would                   credit’’ includes, among other things,                  applies to loans made between February
                                             prohibit a PPP lender from making a                     ‘‘making or renewing any loan, granting                 15 and June 30, 2020, the exception in
                                             PPP loan to ‘‘[b]usinesses in which the                 a line of credit, or entering into any                  this interim final rule only applies to
                                             [PPP lender] or any of its Associates                   similar transaction as a result of which                loans made during the same time
                                             owns an equity interest’’ (SBA lending                  the person becomes obligated (directly                  period. Excepting PPP loans from the
                                             restrictions).10 SBA regulations define                 or indirectly, or by any means                          definition of ‘‘extension of credit’’ in
                                             an ‘‘Associate’’ of a PPP lender to be                  whatsoever) to pay money or its                         section 22(h) and the corresponding
                                             ‘‘[a]n officer, director, key employee, or              equivalent to the bank.’’ 17 Accordingly,               provisions of Regulation O is
                                             holder of 20 percent or more of the                     PPP loans from a bank to an insider,                    appropriate in light of these
                                             value of the [PPP] [l]ender’s . . . stock               including the insider’s related                         circumstances.
                                             or debt instruments’’ and any entity in                 interests,18 would be subject to the                      Accordingly, the Board has
                                             which one of these individuals or                       requirements of section 22(h) and                       determined that PPP loans pose
                                             certain relatives ‘‘own or controls at                  Regulation O.                                           minimal risk. These PPP loans will not
                                             least 20 percent.’’ 11                                     The Housing and Community                            be subject to section 22(h) or the
                                                                                                     Development Act of 1992 (HCDA) 19                       corresponding provisions of Regulation
                                                On April 14, 2020, the SBA issued an                 amended section 22(h) to authorize the                  O if they are not prohibited by the SBA
                                             interim final rule stating, among other                 Board to adopt, by regulation,                          lending restrictions. The exception will
                                             things, that SBA lending restrictions                   exceptions to the definition of                         help banks, particularly in smaller
                                             ‘‘shall not apply to prohibit an                        ‘‘extension of credit’’ in section 22(h) for            communities, to give effect to the PPP’s
                                             otherwise eligible business owned (in                   transactions that ‘‘pose minimal risk.’’                purpose of helping small businesses to
                                             whole or part) by an outside director or                Therefore, the Board may except PPP                     continue to operate under current
                                             holder of less than 30 percent equity                   loans from the restrictions imposed by                  economic conditions. The Board is
                                             interest in a PPP [l]ender from obtaining               section 22(h) and the corresponding                     providing the temporary exclusion in
                                             a PPP loan from the PPP [l]ender on                     provisions of Regulation O if it                        the interim final rule to allow banking
                                             whose board the director serves or in                   determines that PPP loans pose minimal                  organizations to make PPP loans to a
                                             which the equity owner holders an                       risk.20                                                 broad range of small businesses within
                                             interest, provided that the eligible                    II. The Interim Final Rule                              their communities, consistent with
                                             business owned by the director or                                                                               applicable law and safe and sound
                                             equity holder follows the same process                     The legislative history of the HCDA                  banking practices. As noted, the SBA
                                             as similarly situated customer or                       states that a transaction poses minimal                 explicitly has prohibited a banking
                                             account holder of the [l]ender.’’ 12 The                risk when the risk is ‘‘minuscule                       organization from favoring in processing
                                             interim final rule also stated that SBA                 compared to that of other loans.’’ 21 PPP               time or prioritization a PPP application
                                                                                                     loans are guaranteed by the SBA, and                    of one of its directors or equity holders
                                             lending restrictions would continue to
                                                                                                     the guarantee is backed by the full faith               and the Board will administer this
                                             apply to officers and key employees of
                                                                                                     and credit of the United States. Unlike                 interim final rule accordingly.
                                             a PPP lender, and that ‘‘[f]avoritism by
                                                                                                     other SBA loans authorized under                          SBA lending restrictions continue to
                                             [a PPP] [l]ender in processing time or                  section 7(a) of the Small Business Act,22
                                             prioritization of [a] director’s or equity                                                                      apply to certain PPP loans that also
                                                                                                     the SBA’s guarantee for PPP loans                       would be subject to section 22(h) and
                                             holder’s PPP application is
                                             prohibited.’’ 13                                          14 Insider means an executive officer, director, or
                                                                                                                                                             the corresponding provisions of
                                                                                                     principal shareholder, and includes any related
                                                                                                                                                             Regulation O. Excepting PPP loans that
                                               7 CARES Act section 1106.                             interest of such a person. 12 CFR 215.2(h).             would be prohibited by the SBA lending
                                               8 Interim Final Rule: ‘‘Business Loan Program           15 See 12 CFR 215.4.                                  restrictions from the requirements of
                                             Temporary Changes; Paycheck Protection Program’’          16 See 12 CFR 215.8, 215.9, and 215.10.               section 22(h) and the corresponding
                                             (April 2, 2020).                                          17 12 U.S.C. 375b(9)(D)(i)(I).
                                                                                                                                                             provisions in Regulation O would not
                                               9 Interim Final Rule: ‘‘Business Loan Program           18 Related interest of a person means a company
                                                                                                                                                             achieve any meaningful regulatory
                                             Temporary Changes; Paycheck Protection Program’’        that is controlled by that person or a political or
                                             (April 2, 2020) at 85 FR 20816.                         campaign committee that is controlled by that
                                                                                                                                                             purpose. Excepting these loans from one




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                                               10 13 CFR 120.110(o).                                 person or the funds or services of which will benefit   regime and not the other also may create
                                               11 13 CFR 120.10.                                     that person. 12 CFR 215.2(n).                           confusion because some lenders may
                                               12 Interim Final Rule: ‘‘Business Loan Program          19 Public Law 102–550, section 955, 106 Stat.

                                             Temporary Changes; Paycheck Protection                  3672 (1992).                                               23 The Board previously excepted certain
                                                                                                       20 12 U.S.C. 375b(9)(D)(ii).
                                             Program—Additional Eligibility Criteria and                                                                     transactions from the aggregate lending limit in
                                             Requirements for Certain Pledges of Loans’’ (April        21 See 138 Cong. Rec. S17, 914–15 (daily ed.
                                                                                                                                                             § 215.4(d) of Regulation O based on a determination
                                             14, 2020).                                              October 8, 1992).                                       that these transactions posed ‘‘minimal risk.’’ See
                                               13 Id. at 85 FR 21750.                                  22 15 U.S.C. 636(a)(1)(A).                            58 FR 26507 (May 4, 1993).



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                                                                  Federal Register / Vol. 85, No. 78 / Wednesday, April 22, 2020 / Rules and Regulations                                    22347

                                             mistakenly interpret an exception under                 cause.28 Because the rules relieve a                  of the rule would be contrary to the
                                             one regime to extend to both regimes.                   restriction by providing an exception to              public interest.
                                               This determination does not impact                    the definition of ‘‘extension of credit’’ in             As required by the Congressional
                                             the application of other restrictions that              section 22(h) and Regulation O, the                   Review Act, the Board will submit the
                                             may apply to PPP loans, including                       interim final rule is exempt from the                 final rule and other appropriate reports
                                             section 22(g) of the Federal Reserve Act                APA’s delayed effective date                          to Congress and the Government
                                             or § 215.5 of Regulation O.24 This                      requirement.29                                        Accountability Office for review.
                                             determination also does not affect the                     While the Board believes that there is
                                             SBA lending restrictions.                                                                                     C. Paperwork Reduction Act
                                                                                                     good cause to issue the rule without
                                               Question 1: What are the advantages                   advance notice and comment and with                     The Paperwork Reduction Act (44
                                             and disadvantages of excepting PPP                      an immediate effective date, the Board                U.S.C. 3501–3521) (PRA) states that no
                                             loans from the definition of ‘‘extension                is interested in the views of the public              agency may conduct or sponsor, nor is
                                             of credit’’ in section 22(h) and the                    and requests comment on all aspects of                the respondent required to respond to,
                                             corresponding provisions of the Board’s                 the interim final rule.                               an information collection unless it
                                             Regulation O?                                                                                                 displays a currently valid Office of
                                               Question 2: What are the most                         B. Congressional Review Act                           Management and Budget (OMB) control
                                             appropriate terms and conditions for                                                                          number. On June 15, 1984, OMB
                                             this exception and why?                                    For purposes of the Congressional                  delegated to the Board authority under
                                                                                                     Review Act, the Office of Management                  the PRA to approve and assign OMB
                                             III. Administrative Law Matters                         and Budget (OMB) makes a                              control numbers to collections of
                                             A. Administrative Procedure Act                         determination as to whether a final rule              information conducted or sponsored by
                                                                                                     constitutes a ‘‘major’’ rule.30 If a rule is          the Board, as well as the authority to
                                                The Board is issuing the interim final               deemed a ‘‘major rule’’ by the OMB, the
                                             rule without prior notice and the                                                                             temporarily approve a new collection of
                                                                                                     Congressional Review Act generally                    information without providing
                                             opportunity for public comment and the                  provides that the rule may not take
                                             delayed effective date ordinarily                                                                             opportunity for public comment if the
                                                                                                     effect until at least 60 days following its           Board determines that a change in an
                                             prescribed by the Administrative                        publication.31
                                             Procedure Act (APA)).25 Pursuant to                                                                           existing collection must be instituted
                                             section 553(b)(B) of the APA, general                      The Congressional Review Act defines               quickly and that public participation in
                                             notice and the opportunity for public                   a ‘‘major rule’’ as any rule that the                 the approval process would defeat the
                                             comment are not required with respect                   Administrator of the Office of                        purpose of the collection or
                                             to a rulemaking when an ‘‘agency for                    Information and Regulatory Affairs of                 substantially interfere with the Board’s
                                             good cause finds (and incorporates the                  the OMB finds has resulted in or is                   ability to perform its statutory
                                             finding and a brief statement of reasons                likely to result in (A) an annual effect              obligation.
                                             therefor in the rules issued) that notice               on the economy of $100,000,000 or                       This interim final rule does not
                                             and public procedure thereon are                        more; (B) a major increase in costs or                contain any collections of information
                                             impracticable, unnecessary, or contrary                 prices for consumers, individual                      subject to the PRA. However, the
                                             to the public interest.’’ 26                            industries, Federal, State, or local                  interim final rule does indirectly affect
                                                The Board believes that the public                   government agencies or geographic                     certain recordkeeping and disclosure
                                             interest is best served by implementing                 regions, or (C) significant adverse effects           requirements in Regulation O that have
                                             the interim final rule immediately. As                  on competition, employment,                           not previously been cleared by the
                                             discussed above, the spread of COVID–                   investment, productivity, innovation, or              Board under the PRA. In order to
                                             19 has disrupted economic activity in                   on the ability of United States-based                 accurately account for these
                                             the United States and other countries. In               enterprises to compete with foreign-                  requirements pursuant to the PRA, the
                                             addition, U.S. financial markets have                   based enterprises in domestic and                     Board has temporarily approved a new
                                             featured substantial levels of volatility.              export markets.32                                     collection of information titled
                                             The magnitude and persistence of                                                                              Recordkeeping and Disclosure
                                                                                                        For the same reasons set forth above,              Requirements Associated with
                                             COVID–19 on the economy remain                          the Board is adopting the interim final
                                             uncertain. In light of the substantial                                                                        Regulation O (FR O; OMB No. 7100–
                                                                                                     rule without the delayed effective date               NEW).
                                             disruptions in the economy, and the                     generally prescribed under the
                                             likelihood that this interim final rule                                                                         The Board’s delegated authority
                                                                                                     Congressional Review Act. The delayed
                                             would help ameliorate those disruptions                                                                       requires that the Board, after
                                                                                                     effective date required by the
                                             by promoting lending to small                                                                                 temporarily approving a collection,
                                                                                                     Congressional Review Act does not
                                             businesses, the Board finds that there is                                                                     solicit public comment to extend the
                                                                                                     apply to any rule for which an agency
                                             good cause consistent with the public                                                                         information collections for a period not
                                                                                                     for good cause finds (and incorporates
                                             interest to issue the rule without                                                                            to exceed three years. Therefore, the
                                                                                                     the finding and a brief statement of
                                             advance notice and comment.27                                                                                 Board is inviting comment to extend the
                                                                                                     reasons therefor in the rule issued) that
                                                The APA also requires a 30-day                                                                             FR O information collection for three
                                                                                                     notice and public procedure thereon are
                                             delayed effective date, except for (1)                                                                        years.
                                                                                                     impracticable, unnecessary, or contrary
                                             substantive rules which grant or                                                                                The Board invites public comment on
                                                                                                     to the public interest.33 In light of
                                             recognize an exemption or relieve a                                                                           the following information collection,
                                                                                                     current market uncertainty, the Board
                                             restriction; (2) interpretative rules and                                                                     which is being reviewed under
                                                                                                     believes that delaying the effective date




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                                             statements of policy; or (3) as otherwise                                                                     authority delegated by the OMB under
                                             provided by the agency for good                           28 5 U.S.C. 553(d).
                                                                                                                                                           the PRA. Comments must be submitted
                                                                                                       29 5 U.S.C. 553(d)(1).
                                                                                                                                                           on or before June 22, 2020. Comments
                                               24 12 U.S.C. 375a; 12 CFR 215.5.                        30 5 U.S.C. 801 et seq.                             are invited on the following:
                                               25 5 U.S.C. 553.                                        31 5 U.S.C. 801(a)(3).                                a. Whether the collection of
                                               26 5 U.S.C. 553(b)(B).                                  32 5 U.S.C. 804(2).                                 information is necessary for the proper
                                               27 5 U.S.C. 553(b)(B); 553(d)(3).                       33 5 U.S.C. 808.                                    performance of the Board’s functions,


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                                             22348             Federal Register / Vol. 85, No. 78 / Wednesday, April 22, 2020 / Rules and Regulations

                                             including whether the information has                   to prevent the evasions of the sections.                 records may be disposed of after two
                                             practical utility;                                      Accordingly, the Board has promulgated                   years from the date of the request.
                                               b. The accuracy of the Board’s                        the Board’s Regulation O to effectuate                     The recordkeeping and disclosure
                                             estimate of the burden of the                           Congress’ purpose of preventing insider                  requirements in §§ 215.8 and 215.9 of
                                             information collection, including the                   abuse in banks.                                          Regulation O are required by section
                                             validity of the methodology and                            Regulation O contains certain                         306(o) of Public Law 102–242, 105 Stat.
                                             assumptions used;                                       recordkeeping and disclosure                             2236 (1991) and authorized under 12
                                               c. Ways to enhance the quality,                       requirements. Pursuant to § 215.8 of                     U.S.C. 1817(k).
                                             utility, and clarity of the information to              Regulation O, respondents must                             Current actions: The Board has
                                             be collected;                                           maintain records necessary for                           temporarily approved the collections of
                                               d. Ways to minimize the burden of                     compliance with the requirements of                      information contained within
                                             information collection on respondents,                  Regulation O.35 Any recordkeeping                        Regulation O. The Board has
                                             including through the use of automated                  method adopted by a respondent shall                     determined that this collection of
                                             collection techniques or other forms of                 identify, through an annual survey, all                  information must be instituted quickly
                                             information technology; and                             insiders of the respondent and maintain                  and that public participation in the
                                               e. Estimates of capital or startup costs              records of all extensions of credit to                   approval process would defeat the
                                             and costs of operation, maintenance,                    insiders of the respondent, including                    purpose of the collection of information,
                                             and purchase of services to provide                     the amount and terms of each such                        as these collections of information are
                                             information.                                            extension of credit. Additionally, any                   contained in an existing regulation, and
                                               At the end of the comment period, the                 recordkeeping method adopted by a                        the inability of the Board to enforce
                                             comments and recommendations                            respondent shall maintain records of                     these collection of information
                                             received will be analyzed to determine                  extensions of credit to insiders of the                  requirements due to noncompliance
                                             the extent to which the Board should                    respondent’s affiliates by using either                  with the PRA would interfere with the
                                             modify the collection.                                  the survey method or borrower inquiry                    Board’s ability to perform its statutory
                                             Final Approval Under OMB Delegated                      method, as set forth in Regulation O, or                 duties.
                                                                                                     a different recordkeeping method if the                    The Board also invites comment to
                                             Authority of the Temporary
                                                                                                     appropriate Federal banking agency                       extend the FR O information collection
                                             Implementation of, and Solicitation of
                                                                                                     determines that the respondent’s                         for three years.
                                             Comment To Extend for Three Years,
                                             the Following Information Collection                    method is at least as effective as the                   D. Regulatory Flexibility Act
                                                                                                     listed methods.
                                                Collection title: Recordkeeping and                     Pursuant to § 215.9 of Regulation O,                     The Regulatory Flexibility Act
                                             Disclosure Requirements Associated                      upon receipt of a written request from                   (RFA) 37 requires an agency to consider
                                             with Regulation O.                                      the public, a respondent must make                       whether the rules it proposes will have
                                                Agency form number: FR O.                            available the names of each of its                       a significant economic impact on a
                                                OMB control number: 7100–NEW.                        executive officers and each of its                       substantial number of small entities.38
                                                Effective Date: April 22, 2020.                                                                               The RFA applies only to rules for which
                                                                                                     principal shareholders to whom, or to
                                                Frequency: Annual, event generated.                                                                           an agency publishes a general notice of
                                                                                                     whose related interests, the member
                                                Respondents: Member banks of the                                                                              proposed rulemaking pursuant to 5
                                                                                                     bank had outstanding as of the end of
                                             Federal Reserve System, savings                                                                                  U.S.C. 553(b). As discussed previously,
                                                                                                     the latest previous quarter of the year,
                                             associations, and any subsidiary of such                                                                         consistent with section 553(b)(B) of the
                                                                                                     an extension of credit that, when
                                             institutions.                                                                                                    APA, the Board has determined for good
                                                Estimated number of respondents:                     aggregated with all other outstanding
                                                                                                     extensions of credit at such time from                   cause that general notice and
                                             Recordkeeping (§§ 215.8 and 215.9):                                                                              opportunity for public comment are
                                             1,570; disclosure (§ 215.9): 1,570.                     the member bank to such person and to
                                                                                                     all related interests of such person,                    unnecessary, and therefore the Board is
                                                Estimated average hours per response:                                                                         not issuing a notice of proposed
                                             Recordkeeping (§§ 215.8 and 215.9): 4;                  equaled or exceeded 5 percent of the
                                                                                                     member bank’s capital and unimpaired                     rulemaking. Accordingly, the Board has
                                             disclosure (§ 215.9): 2.                                                                                         concluded that the RFA’s requirements
                                                Estimated annual burden hours:                       surplus or $500,000, whichever amount
                                                                                                     is less.36 Respondents are not required                  relating to initial and final regulatory
                                             Recordkeeping (§§ 215.8 and 215.9):                                                                              flexibility analysis do not apply.
                                             6,280; disclosure (§ 215.9): 3,140; total:              to disclose the specific amounts of
                                                                                                     individual extensions of credit.                            Nevertheless, the Board seeks
                                             9,420.                                                                                                           comment on whether, and the extent to
                                                General description of information                   Additionally, each respondent must
                                                                                                     maintain records of all requests for the                 which, the interim final rule would
                                             collection:                                                                                                      affect a significant number of small
                                                Sections 22(g) and (h) of the Federal                information described above and the
                                                                                                     disposition of such requests. These                      entities.
                                             Reserve Act 34 retstrict certain
                                             transactions between banks and their                                                                             E. Riegle Community Development and
                                             insiders or insiders of their affiliates.                 35 A respondent that is prohibited by law or by        Regulatory Improvement Act of 1994
                                                                                                     an express resolution of the board of directors of the
                                             Insiders include executive officers,                    respondent from making an extension of credit to           Pursuant to section 302(a) of the
                                             directors, principal shareholders, and                  any company or other entity that is covered by           Riegle Community Development and
                                             companies controlled by such persons.                   Regulation O as a company is not required to             Regulatory Improvement Act
                                             Congress enacted sections 22(g) and (h)                 maintain any records of the related interests of the
                                                                                                     insiders of the respondent or its affiliates or to
                                                                                                                                                              (RCDRIA),39 in determining the effective
                                             to prevent bank insiders from abusing




khammond on DSKJM1Z7X2PROD with RULES
                                                                                                     inquire of borrowers whether they are related
                                             their positions to gain favorable                       interests of the insiders of the respondent or its         37 5 U.S.C. 601 et seq.

                                             treatment from their associated banks.                  affiliates. 12 CFR 215.8(d).                               38 Under regulations issued by the SBA, a small

                                             Congress authorized the Board to                           36 No such disclosure is required if the aggregate    entity includes a depository institution, bank
                                                                                                     amount of all extensions of credit outstanding at        holding company, or savings and loan holding
                                             prescribe rules and regulations as                                                                               company with total assets of $600 million or less
                                                                                                     such time from the member bank to the executive
                                             necessary to effectuate the purposes and                officer or principal shareholder of the respondent       and trust companies with total assets of $41.5
                                                                                                     and to all related interests of such a person does       million or less. See 13 CFR 121.201.
                                               34 12 U.S.C. 375a, 375b.                              not exceed $25,000.                                        39 12 U.S.C. 4802(a).




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                                                               Federal Register / Vol. 85, No. 78 / Wednesday, April 22, 2020 / Rules and Regulations                                        22349

                                             date and administrative compliance                      List of Subjects in 12 CFR Part 215                   DEPARTMENT OF HOMELAND
                                             requirements for new regulations that                                                                         SECURITY
                                             impose additional reporting, disclosure,                  Credit, Penalties, Reporting and
                                             or other requirements on insured                        recordkeeping requirements.                           U.S. Customs and Border Protection
                                             depository institutions (IDIs), the                     Authority and Issuance
                                             Federal banking agencies must consider,                                                                       DEPARTMENT OF THE TREASURY
                                             consistent with the principle of safety                   For the reasons stated in the
                                             and soundness and the public interest,                  preamble, the Board of Governors of the               19 CFR Part 24
                                             any administrative burdens that such                    Federal Reserve System amends 12 CFR
                                             regulations would place on depository                   chapter II as follows:                                [USCBP–2020–0017; CBP Dec. 20–05]
                                             institutions, including small depository
                                             institutions, and customers of                          PART 215—LOANS TO EXECUTIVE                           RIN 1515–AE54
                                             depository institutions, as well as the                 OFFICERS, DIRECTORS, AND                              Temporary Postponement of the Time
                                             benefits of such regulations. In addition,              PRINCIPAL SHAREHOLDERS OF                             To Deposit Certain Estimated Duties,
                                             section 302(b) of RCDRIA requires new                   MEMBER BANKS (REGULATION O)                           Taxes, and Fees During the National
                                             regulations and amendments to
                                                                                                                                                           Emergency Concerning the Novel
                                             regulations that impose additional                      ■ 1. The authority citation for part 215              Coronavirus Disease (COVID–19)
                                             reporting, disclosures, or other new                    is revised to read as follows:                        Outbreak
                                             requirements on IDIs generally to take
                                             effect on the first day of a calendar                     Authority: 12 U.S.C. 248(a), 375a(10),              AGENCY: U.S. Customs and Border
                                             quarter that begins on or after the date                375b(9) and (10), 1468, 1817(k), 5412; Pub. L.        Protection, Department of Homeland
                                             on which the regulations are published                  102–242, 105 Stat. 2236 (1991) (12 U.S.C.             Security; Department of the Treasury.
                                             in final form, with certain exceptions,                 1811 note) and Pub. L. 116–136, 134 Stat.
                                                                                                     281.                                                  ACTION: Temporary final rule.
                                             including for good cause.40 For the
                                             reasons described above, the Board                      ■ 2. In § 215.3:
                                                                                                                                                           SUMMARY: In light of the President’s
                                             finds good cause exists under section                                                                         Proclamation Declaring a National
                                             302 of RCDRIA to publish this interim                   ■ a. In paragraph (b)(6), remove the                  Emergency Concerning the Novel
                                             final rule with an immediate effective                  words ‘‘of this part’’ and the word ‘‘or’’            Coronavirus Disease (COVID–19)
                                             date.                                                   at the end of the paragraph;                          (Presidential Proclamation 9994) under
                                                As such, the final rule will be                      ■ b. In paragraph (b)(7), remove the                  the National Emergencies Act on March
                                             effective immediately on publication.                   period at the end of the paragraph and                13, 2020, and the President’s Executive
                                             Nevertheless, the Board seeks comment                   add ‘‘; or’’ in its place; and                        Order entitled ‘‘National Emergency
                                             on RCDRIA.                                                                                                    Authority to Temporarily Extend
                                                                                                     ■ c. Add paragraph (b)(8).
                                             F. Use of Plain Language                                                                                      Deadlines for Certain Estimated
                                                                                                        The addition reads as follows:                     Payments’’ authorizing the Secretary of
                                                Section 722 of the Gramm-Leach-                                                                            the Treasury to exercise the authority
                                             Bliley Act 41 requires the Federal                      § 215.3    Extension of credit.
                                                                                                                                                           under section 318(a) of the Tariff Act of
                                             banking agencies to use plain language                  *      *    *     *    *                              1930, issued on April 18, 2020, the
                                             in all proposed and final rules                           (b) * * *                                           Secretary of the Treasury, in
                                             published after January 1, 2000. The                                                                          consultation with the designee of the
                                             Board has sought to present the interim                   (8) Except for purposes of § 215.5, a
                                                                                                     loan:                                                 Secretary of Homeland Security (U.S.
                                             final rule in a simple and                                                                                    Customs and Border Protection (CBP)),
                                             straightforward manner. The Board                         (i) In which the participation by the               is amending the CBP regulations to
                                             invites comments on whether there are                   Small Business Administration on a                    temporarily postpone the deadline for
                                             additional steps it could take to make                  deferred basis is 100 percent pursuant to             importers of record with a significant
                                             the rule easier to understand. For                      section 1102(a)(1) of Public Law 116–                 financial hardship to deposit certain
                                             example:                                                136 (to be codified at 15 U.S.C.                      estimated duties, taxes, and fees that
                                                • Have we organized the material to                  636(a)(2)(F));                                        they would ordinarily be obligated to
                                             suit your needs? If not, how could this                                                                       pay as of the date of entry, or
                                             material be better organized?                             (ii) That is made during the period
                                                                                                     beginning on February 15, 2020, and                   withdrawal from warehouse, for
                                                • Are the requirements in the                                                                              consumption, for merchandise entered
                                             regulation clearly stated? If not, how                  ending on June 30, 2020; and
                                                                                                                                                           in March or April 2020, for a period of
                                             could the regulation be more clearly                      (iii) That would not be prohibited by               90 days from the date that the deposit
                                             stated?                                                 13 CFR 120.110(o) or rules or                         would otherwise have been due but for
                                                • Does the regulation contain                        interpretations thereof issued by the                 this emergency action. This temporary
                                             language or jargon that is not clear? If                Small Business Administration.                        postponement does not permit return of
                                             so, which language requires
                                                                                                     *      *    *     *    *                              any deposits of estimated duties, taxes,
                                             clarification?
                                                • Would a different format (grouping                                                                       and/or fees that have been paid. This
                                                                                                       Dated: April 17, 2020.
                                             and order of sections, use of headings,                                                                       temporary postponement also does not
                                                                                                       By order of the Board of Governors of the           apply to entries, or withdrawals from
                                             paragraphing) make the regulation                       Federal Reserve System.
                                             easier to understand? If so, what                                                                             warehouse, subject to certain specified




khammond on DSKJM1Z7X2PROD with RULES
                                                                                                     Ann Misback,                                          trade remedies, and any entry summary
                                             changes to the format would make the
                                             regulation easier to understand?                        Secretary of the Board.                               that includes merchandise subject to
                                                • What else could we do to make the                  [FR Doc. 2020–08574 Filed 4–20–20; 11:15 am]          those trade remedies is not eligible
                                             regulation easier to understand?                        BILLING CODE P                                        under this rule.
                                                                                                                                                           DATES: Effective date: April 20, 2020.
                                               40 12 U.S.C. 4802.                                                                                          Comments must be received by May 20,
                                               41 12 U.S.C. 4809.                                                                                          2020.


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