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Temporary Asset Thresholds (rule, 85 FR 77345, December 2, 2020)

Summary

An interim final rule with request for public comment of the Office of the Comptroller of the Currency (OCC), the Board and the Federal Deposit Insurance Corporation (FDIC), printed in the Federal Register as 85 FR 77345 (December 2, 2020). The agencies say the rule is meant to mitigate temporary costs on banking organizations related to the coronavirus disease 2019 (COVID event). It permits banking organizations with under $10 billion in total assets as of December 31, 2019 to use asset data from that date in determining the applicability of various regulatory asset thresholds. The OCC part carries RIN 1557–AF06, with comments filed under "Docket ID OCC–2020–0044". The rule is effective on December 2, 2020. Federal Reserve System amendments cover 12 CFR Parts 208, 211, 212, 217, 225 and others.

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“Temporary Asset Thresholds (rule, 85 FR 77345, December 2, 2020).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/temporary-asset-thresholds-rule-85-fr-77345-december-2-2020-e951573a57/, SHA-256 d5432805e7d3f0f6843801ab5ece57e3dacbb88a26b2b3a1f8435b4886a0d76d.

Full text

                                                                                                                                                      77345

     Rules and Regulations                                                                                         Federal Register
                                                                                                                   Vol. 85, No. 232

                                                                                                                   Wednesday, December 2, 2020



     This section of the FEDERAL REGISTER                    For the same reasons, the Board is                    Comptroller of the Currency, 400 7th
     contains regulatory documents having general            temporarily revising the instructions to              Street SW, Suite 3E–218, Washington,
     applicability and legal effect, most of which           a number of its regulatory reports to                 DC 20219.
     are keyed to and codified in the Code of                provide that community banking                           • Hand Delivery/Courier: 400 7th
     Federal Regulations, which is published under           organizations may use asset data as of                Street SW, Suite 3E–218, Washington,
     50 titles pursuant to 44 U.S.C. 1510.
                                                             December 31, 2019, in order to                        DC 20219.
     The Code of Federal Regulations is sold by              determine reporting requirements for                     Instructions: You must include
     the Superintendent of Documents.                        reports due in calendar years 2020 or                 ‘‘OCC’’ as the agency name and ‘‘Docket
                                                             2021.                                                 ID OCC–2020–0044’’ in your comment.
                                                             DATES:                                                   In general, the OCC will enter all
     DEPARTMENT OF THE TREASURY                                                                                    comments received into the docket and
                                                                Effective date: This rule is effective on
                                                             December 2, 2020.                                     publish the comments on the
     Office of the Comptroller of the                                                                              Regulations.gov website without
     Currency                                                   Comment date: Comments must be
                                                             received on or before February 1, 2021.               change, including any business or
                                                             ADDRESSES: Comments should be                         personal information provided such as
     12 CFR Parts 3, 4, and 52                                                                                     name and address information, email
                                                             directed to:
     [Docket ID OCC–2020–0044]                                  OCC: You may submit comments to                    addresses, or phone numbers.
                                                             the OCC by any of the methods set forth               Comments received, including
     RIN 1557–AF06
                                                             below. Commenters are encouraged to                   attachments and other supporting
     FEDERAL RESERVE SYSTEM                                  submit comments through the Federal                   materials, are part of the public record
                                                             eRulemaking Portal, if possible. Please               and subject to public disclosure. Do not
     12 CFR Parts 208, 211, 212, 217, 225,                   use the title ‘‘Temporary Asset                       include any information in your
     235, and 238                                            Thresholds’’ to facilitate the                        comment or supporting materials that
                                                             organization and distribution of the                  you consider confidential or
     [Docket No. R–1731]                                     comments. You may submit comments                     inappropriate for public disclosure.
     RIN 7100–AG01                                           by any of the following methods:                         You may review comments and other
                                                                • Federal eRulemaking Portal—                      related materials that pertain to this
     FEDERAL DEPOSIT INSURANCE                               Regulations.gov Classic or                            rulemaking action by the following
     CORPORATION                                             Regulations.gov Beta.                                 methods:
                                                                Regulations.gov Classic: Go to https://               • Regulations.gov Classic or
     12 CFR Parts 304, 324, 337, 347, and                    www.regulations.gov/. Enter ‘‘Docket ID               Regulations.gov Beta:
     348                                                     OCC–2020–0044’’ in the Search Box and                    Regulations.gov Classic: Go to https://
                                                             click ‘‘Search.’’ Click on ‘‘Comment                  www.regulations.gov/. Enter ‘‘Docket ID
     RIN 3064–AF67                                                                                                 OCC–2020–0044’’ in the Search box and
                                                             Now’’ to submit public comments. For
                                                             help with submitting effective                        click ‘‘Search.’’ Click on ‘‘Open Docket
     Temporary Asset Thresholds
                                                             comments, please click on ‘‘View                      Folder’’ on the right side of the screen.
     AGENCY: Office of the Comptroller of the                Commenter’s Checklist.’’ Click on the                 Comments and supporting materials can
     Currency, Treasury (OCC); Board of                      ‘‘Help’’ tab on the Regulations.gov home              be viewed and filtered by clicking on
     Governors of the Federal Reserve                        page to get information on using                      ‘‘View all documents and comments in
     System (Board); and Federal Deposit                     Regulations.gov, including instructions               this docket’’ and then using the filtering
     Insurance Corporation (FDIC).                           for submitting public comments.                       tools on the left side of the screen. Click
     ACTION: Interim final rule, request for                    Regulations.gov Beta: Go to https://               on the ‘‘Help’’ tab on the
     public comment.                                         beta.regulations.gov/ or click ‘‘Visit                Regulations.gov home page to get
                                                             New Regulations.gov Site’’ from the                   information on using Regulations.gov.
     SUMMARY: To mitigate temporary                          Regulations.gov classic homepage. Enter               The docket may be viewed after the
     transition costs on banking                             ‘‘Docket ID OCC–2020–0044’’ in the                    close of the comment period in the same
     organizations related to the coronavirus                Search Box and click ‘‘Search.’’ Public               manner as during the comment period.
     disease 2019 (COVID event), the OCC,                    comments can be submitted via the                        Regulations.gov Beta: Go to https://
     Board, and the FDIC (together, the                      ‘‘Comment’’ box below the displayed                   beta.regulations.gov/ or click ‘‘Visit
     agencies) are issuing an interim final                  document information or click on the                  New Regulations.gov Site’’ from the
     rule to permit national banks, savings                  document title and click the                          Regulations.gov classic homepage. Enter
     associations, state banks, bank holding                 ‘‘Comment’’ box on the top-left side of               ‘‘Docket ID OCC 2020–0044’’ in the
     companies, savings and loan holding                     the screen. For help with submitting                  Search Box and click ‘‘Search.’’ Click on
     companies, and U.S. branches and                        effective comments, please click on                   the ‘‘Comments’’ tab. Comments can be
     agencies of foreign banking                             ‘‘Commenter’s Checklist.’’ For                        viewed and filtered by clicking on the
     organizations with under $10 billion in                 assistance with the Regulations.gov Beta              ‘‘Sort By’’ drop-down on the right side
     total assets as of December 31, 2019,                   site, please call (877) 378–5457 (toll                of the screen or the ‘‘Refine Results’’
     (community banking organizations) to                    free) or (703) 454–9859 Monday–Friday,                options on the left side of the screen.
     use asset data as of December 31, 2019,                 9 a.m.–5 p.m. ET or email to                          Supporting Materials can be viewed by
     in order to determine the applicability                 regulations@erulemakinghelpdesk.com.                  clicking on the ‘‘Documents’’ tab and
     of various regulatory asset thresholds                     • Mail: Chief Counsel’s Office, Attn:              filtered by clicking on the ‘‘Sort By’’
     during calendar years 2020 and 2021.                    Comment Processing, Office of the                     drop-down on the right side of the


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     77346            Federal Register / Vol. 85, No. 232 / Wednesday, December 2, 2020 / Rules and Regulations

     screen or the ‘‘Refine Results’’ options                 Counsel, Chief Counsel’s Office, (202)                intended to: (i) Restore market
     on the left side of the screen. For                      649–5490.                                             functioning and support the flow of
     assistance with the Regulations.gov Beta                   Board: Juan Climent, Assistant                      credit to households, businesses, and
     site please call (877) 378–5457 (toll free)              Director, (202) 872–7526, Eric Kennedy,               communities and (ii) increase flexibility
     or (703) 454–9859 Monday–Friday, 9                       Assistant Director, (202) 263–4887,                   and reduce regulatory reporting burden.
     a.m.–5 p.m. ET or email regulations@                     Nancy J. Oakes, Manager, (202) 452–                   Among those actions, the agencies have
     erulemakinghelpdesk.com. The docket                      3413, Teresa Scott, Manager, (202) 973–               issued a number of rules and
     may be viewed after the close of the                     6114, Naima Jefferson, Lead Financial                 supervisory guidance communications
     comment period in the same manner as                     Institution Policy Analyst, (202) 912–                designed to mitigate the consequences
     during the comment period.                               4613, Daniel Newman, Senior Data                      of the COVID event and to facilitate the
        Board: You may submit comments,                       Governance Analyst, (202) 973–7409,                   safe and effective operations of banking
     identified by Docket No. R–1731 and                      Senait Kahsay, Senior Financial                       organizations.1
     RIN No. 7100–AG01, by any of the                         Institution Policy Analyst II, (202) 245–                Community banking organizations
     following methods:                                       4209, Joseph Willcox, Senior Financial                have played an instrumental role in the
        • Agency Web Site: http://                            Institution Policy Analyst II, (202) 452–             nation’s financial response to the
     www.federalreserve.gov. Follow the                       3663, Division of Supervision and                     COVID event, and many have
     instructions for submitting comments at                  Regulation; Laurie Schaffer, Deputy                   experienced significant balance sheet
     https://www.federalreserve.gov/apps/                     General Counsel (202) 452–2272,                       growth as a result of the COVID event
     foia/proposedregs.aspx.                                  Benjamin McDonough, Associate                         and the policy response to the event.
        • E-mail: regs.comments@                              General Counsel, (202) 973–7432, Jonah                Policies encouraging banks to work with
     federalreserve.gov. Include docket                       Kind, Counsel (202) 452–2045, Justyna                 their customers, such as the Small
     number and RIN in the subject line of                    Bolter, Senior Attorney (202) 452–2686,               Business Administration’s (SBA’s)
     the message.                                             Christopher Danello, Attorney, (202)                  Paycheck Protection Program (PPP) 2
        • Fax: (202) 452–3819 or (202) 452–                   736–1960, Legal Division, Board of                    and the interagency statement
     3102.                                                    Governors of the Federal Reserve
        • Mail: Ann E. Misback, Secretary,                                                                          encouraging financial institutions to
                                                              System, 20th and C Streets NW,                        work with borrowers affected by the
     Board of Governors of the Federal                        Washington, DC 20551. For users of
     Reserve System, 20th Street and                                                                                COVID event,3 have resulted in much-
                                                              Telecommunication Device for the Deaf                 needed emergency liquidity being
     Constitution Avenue NW, Washington,                      (TDD), (202) 263–4869.
     DC 20551.                                                                                                      offered to small businesses, including,
                                                                FDIC: Rae-Ann Miller, Associate                     but not limited to, individuals operating
        All public comments are available                     Director, Risk Management Policy, (202)
     from the Board’s website at http://                                                                            sole proprietorships or acting as
                                                              898–3898, Bobby R. Bean, Associate                    independent contractors, certain
     www.federalreserve.gov/generalinfo/                      Director, Capital Markets, (202) 898–
     foia/ProposedRegs.cfm as submitted,                                                                            franchisees, nonprofit corporations,
                                                              6705; William Piervincenzi, Supervisory               veterans organizations, Tribal
     unless modified for technical reasons or                 Counsel, (202) 898–6957, Nefretete A.
     to remove sensitive PII at the                                                                                 businesses, and households. As a result,
                                                              Smith, Counsel, (202) 898–6851,                       during the COVID event many
     commenter’s request. Public comments                     Michael B. Phillips, Counsel, (202) 898–
     may also be viewed electronically or in                                                                        community banking organizations have
                                                              3581, Jennifer M. Jones, Counsel, (202)               experienced an unexpected and sharp
     paper form in Room 146, 1709 New                         898–6768, jennjones@fdic.gov,
     York Avenue NW, Washington, DC                                                                                 increase in assets, swelling their balance
                                                              Supervision and Legislation Branch,                   sheets in some cases by more than 25
     20006, between 9:00 a.m. and 5:00 p.m.                   Legal Division, Federal Deposit
     on weekdays.                                                                                                   percent.4 Much of this growth,
                                                              Insurance Corporation, 550 17th Street
        FDIC: You may submit comments on                      NW, Washington, DC 20429. For the                        1 See ‘‘Supervisory and Regulatory Actions in
     the notice of proposed rulemaking using                  hearing impaired only,                                Response to COVID–19,’’ available at https://
     any of the following methods:                            Telecommunication Device for the Deaf                 www.federalreserve.gov/supervisory-regulatory-
        • Agency Website: https://                            (TDD), (800) 925–4618.                                action-response-covid-19.htm.; ‘‘COVID–19
     www.fdic.gov/regulations/laws/federal.                                                                         (Coronavirus),’’ available at https://occ.gov/topics/
                                                              SUPPLEMENTARY INFORMATION:                            supervision-and-examination/bank-operations/
     Follow the instructions for submitting
                                                                                                                    covid-19-information/convid-19-info-index.html;
     comments on the agency website.                          Table of Contents                                     ‘‘Coronavirus (COVID–19) Information for Bankers
        • Email: comments@fdic.gov. Include                                                                         and Consumers,’’ available at https://www.fdic.gov/
                                                              I. Background
     RIN 3064–AF67 on the subject line of                     II. Discussion
                                                                                                                    coronavirus/. See also ‘‘The FDIC Approves Interim
     the message.                                                                                                   Final Rule to Provide Temporary Relief from Part
                                                                 A. Interim Final Rule
        • Mail: Robert E. Feldman, Executive                     B. Reservation of Authority
                                                                                                                    363 Audit and Reporting Requirements,’’ available
                                                                                                                    at https://www.fdic.gov/news/financial-institution-
     Secretary, Attention: Comments, Federal                     C. Regulatory Reporting Changes                    letters/2020/fil20099.html and Final Rule
     Deposit Insurance Corporation, 550 17th                  III. Request for Comment                              Mitigating the Deposit Insurance Assessment Effect
     Street NW, Washington, DC 20429.                         IV. Administrative Law Matters                        of Participation in the Paycheck Protection Program
        • Hand Delivery: Comments may be                         A. Administrative Procedure Act                    (PPP), the PPP Liquidity Facility, and the Money
                                                                 B. Congressional Review Act                        Market Mutual Fund Liquidity Facility at https://
     hand delivered to the guard station at                                                                         www.fdic.gov/news/financial-institution-letters/
     the rear of the 550 17th Street NW                          C. Paperwork Reduction Act
                                                                                                                    2020/fil20063.html.
                                                                 D. Regulatory Flexibility Act
     building (located on F Street) on                                                                                 2 The SBA’s PPP was created under the
                                                                 E. Riegle Community Development and                Coronavirus Aid, Relief, and Economic Security Act
     business days between 7 a.m. and 5 p.m.                        Regulatory Improvement Act of 1994
        • Public Inspection: All comments                        F. Unfunded Mandates Reform Act of 1995
                                                                                                                    (CARES Act) in response to market distress caused
                                                                                                                    by the COVID–19 event. Public Law 116–136, 134
     received, including any personal                            G. Use of Plain Language                           Stat. 281.
     information provided, will be posted                                                                              3 ‘‘Revised Interagency Statement on Loan

     generally without change to https://                     I. Background                                         Modifications by Financial Institutions Working
     www.fdic.gov/regulations/laws/federal.                      In light of strains in economic                    with Customers Affected by the Coronavirus’’ (Apr.
                                                                                                                    7, 2020), available at https://www.occ.gov/news-
     FOR FURTHER INFORMATION CONTACT:                         conditions related to the COVID event                 issuances/news-releases/2020/nr-ia-2020-50a.pdf.
        OCC: Alison MacDonald, Special                        and stress in U.S. financial markets, the                4 Data derived from the Consolidated Reports of

     Counsel, or Kevin Korzeniewski,                          agencies have taken a number of actions               Condition and Income (Call Report) and Financial



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                      Federal Register / Vol. 85, No. 232 / Wednesday, December 2, 2020 / Rules and Regulations                                         77347

     particularly that related to participation               that participation in the PPP has had on                assets of certain community banking
     in PPP, is expected to be temporary.                     community banking organizations.10                      organizations to rise above certain asset-
        PPP loans are a special asset class of                   Community banking organizations are                  based thresholds in the agencies’
     government-guaranteed assets designed                    subject to a wide range of statutory                    regulations, and may cause other
     to incentivize businesses to keep                        requirements, regulations, and reporting                community banking organizations to do
     workers on payroll. To encourage                         requirements predicated on their risk                   so in the near future. As noted, much of
     lending to small businesses through the                  profile and asset size.11 Due to their                  this growth, especially growth related to
     SBA’s PPP, the Board established the                     response to the COVID event, many                       PPP lending, is likely to be temporary,
     PPP Liquidity Facility on April 9, 2019.5                community banking organizations have                    and the increase in assets currently held
     Under the PPP Liquidity Facility, each                   been, or may soon be, pushed over an                    by a community banking organization
     of the Federal Reserve Banks may                         asset threshold that could subject them                 may not reflect a change in the
     extend non-recourse loans to banking                     to additional regulation or to additional               organization’s longer-term risk profile.
     organizations that pledge PPP loans,                     reporting requirements.12 In the absence                   In the absence of regulatory burden
     which continue to be assets on the                       of regulatory burden relief, complying                  relief, community banking organizations
     balance sheets of banking organizations,                 with these new or more stringent                        that experience an increase in assets
     as collateral.6 The last day for lenders to              regulatory standards, especially if the                 above one or more regulatory thresholds
     make a PPP loan was August 8, 2020,7                     community banking organization’s                        would face significant transition costs
     and depending on SBA determinations,                     assets are expected to be above a                       necessary to comply with new or more
     a significant amount of PPP debt                         threshold for a limited time, would                     stringent regulatory and reporting
     forgiveness may occur in the fourth                      impose significant transition and                       standards. Given the rapid and
     calendar quarter of 2020 or early in the                 compliance costs on community                           unexpected nature of community
     first calendar quarter of 2021. However,                 banking organizations. This interim                     banking organization asset growth in
     as a result of the PPP loan forgiveness                  final rule gives community banking                      2020, many community banking
     process, many PPP-related assets remain                  organizations more time to either reduce                organizations are unlikely to have
     on community banking organizations’                      their balance sheets by shedding                        planned for these transition costs.
     balance sheets. The SBA recently                         temporary growth, or to prepare for                     Further, to the extent this asset growth
     released a simpler loan forgiveness                      higher regulatory and reporting                         is temporary, it does not reflect changes
     application for PPP loans of $50,000 or                  standards.                                              in community banking organizations’
     less, which will likely result in PPP-                                                                           risk profiles, and many community
                                                              II. Discussion
                                                                                                                      banking organizations that cross above
     related assets being removed from
                                                              A. Interim Final Rule                                   asset-based regulatory thresholds could
     community banking organization’s
                                                                 A number of regulations contain                      fall back below the thresholds.
     balance sheets at a faster rate.8
                                                              asset-based thresholds that determine                   Additionally, community banking
        According to SBA statistics,                                                                                  organizations that are approaching
     collectively all lenders with less than                  whether a banking organization is
                                                              required to comply with a given                         certain asset thresholds in the agencies’
     $10 billion in assets originated                                                                                 regulations may become reluctant to
     2,745,204 PPP loans totaling $233.7                      regulatory requirement or provide a
                                                              mandatory regulatory report, or whether                 continue lending if this would subject
     billion, which buttressed the paychecks                                                                          them to new or more stringent
     of more than 26 million American                         a banking organization is otherwise
                                                              eligible for a particular regulatory                    regulatory and reporting standards.
     workers and represented more than 52.6                                                                           Therefore, the agencies believe it is
     percent of the number of loans                           treatment. Asset-based regulatory
                                                              thresholds are meant to ensure that the                 appropriate to provide temporary
     originated under the program.9 This                                                                              regulatory burden relief to community
     data suggests that the percentage of PPP                 regulatory requirements applicable to a
                                                              banking organization are appropriate,                   banking organizations that have risen
     loans originated by community banking                                                                            above, or will rise above, certain asset-
     organizations far exceeds those                          given the banking organization’s likely
                                                              risk profile and, in some cases, the                    based regulatory thresholds. The relief
     organizations’ market share as a                                                                                 should promote further lending and
     percentage of total banking system                       potential risk that the banking
                                                              organization poses to U.S. financial                    avoid potentially temporary, but
     assets illustrating the outsized impact                                                                          significant, transition costs that
                                                              stability.
                                                                 As discussed above, many community                   community banking organizations
     Statements for Holding Companies (FR Y–9C) data                                                                  would otherwise face to comply with
     December 31, 2019 to June 30, 2020.
                                                              banking organizations have experienced
        5 See https://www.federalreserve.gov/newsevents/      an unexpected and sharp increase in                     new standards.
     pressreleases/monetary20200409a.htm.                     assets since the beginning of the COVID                    In order to provide this regulatory
        6 See Paycheck Protection Program Liquidity           event. This rapid growth has caused the                 burden relief, the agencies are issuing
     Facility Term Sheet, available at https://                                                                       this interim final rule to temporarily
     www.federalreserve.gov/newsevents/pressreleases/            10 As of the June 30, 2020, approximately 80         change, for a number of asset-based
     files/monetary20200728a7.pdf.                            percent of depository institutions with assets less     regulatory thresholds, the date as of
        7 U.S. Small Business Administration, ‘‘Notice:
                                                              than $10 billion reported PPP loans on their Call       when a community banking
     Paycheck Protection Program closed August 8,             Report.
     2020,’’ available at https://www.sba.gov/funding-           11 The agencies recognize there are some
                                                                                                                      organization measures its assets for the
     programs/loans/coronavirus-relief-options/               guidance documents that include asset-based             purpose of determining whether it
     paycheck-protection-program#section-header-0.            thresholds of $10 billion or below. In these            exceeds the threshold (referred to as the
        8 U.S. Small Business Administration, ‘‘SBA and
                                                              instances, the agencies are confirming that these       ‘‘measurement date’’). Specifically, the
     Treasury Announce Simpler PPP Forgiveness for            thresholds are exemplary only and not suggestive
     Loans of $50,000 or Less’’, October 8, 2020 available
                                                                                                                      interim final rule will permit
                                                              of requirements. For the reasons discussed above,
     at https://www.sba.gov/article/2020/oct/08/sba-          the agencies will take the same perspective on          community banking organizations,
     treasury-announce-simpler-ppp-forgiveness-loans-         asset-based thresholds in guidance as they are          through December 31, 2021, to
     50000-or-less.                                           taking with regard to asset-based regulatory            determine the applicability of certain
        9 U.S. Small Business Administration, ‘‘Paycheck      thresholds.                                             asset-based regulatory thresholds using
     Protection Program (PPP) Report: Approvals                  12 Based on data as of June 30, 2020, the agencies

     through 08/08/2020,’’ available at https://              estimate that around 44 holding companies and 582
                                                                                                                      asset data as of December 31, 2019, if
     home.treasury.gov/system/files/136/SBA-Paycheck-         community banks crossed a regulatory threshold set      the organization’s assets as of that date
     Protection-Program-Loan-Report-Round2.pdf.               at $10 billion or less.                                 were less than its assets on the date as


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     77348            Federal Register / Vol. 85, No. 232 / Wednesday, December 2, 2020 / Rules and Regulations

     of which the applicability of a given                      does not reflect changes in community                              banking organizations have originated a
     threshold would normally be                                banking organizations’ risk profile.                               disproportionately large percentage of
     determined. This means that asset                             The agencies are limiting the                                   PPP loans, as compared with the
     growth in 2020 or 2021 will not trigger                    regulatory burden relief in this interim                           organizations’ market share; therefore,
     new regulatory requirements for these                      final rule to banking organizations that                           as compared to larger organizations, a
     community banking organizations until                      had less than $10 billion in assets as of                          larger portion of any increase in asset
     January 1, 2022, at the earliest. This                     December 31, 2019. Banking                                         size at community banking
     temporary regulatory burden relief                         organizations with under $10 billion in                            organizations is likely to be temporary,
     reflects that much of the asset growth                     assets likely have fewer resources                                 and is therefore less likely to reflect a
     since the start of the COVID event,                        available to prepare and comply with                               change in an organization’s risk profile
     especially growth related to PPP                           previously unanticipated regulatory                                or business activities.
     lending, is generally expected to be                       requirements, especially during a time                               This temporary regulatory burden
                                                                of economic uncertainty and disruption.                            relief applies to the following asset-
     temporary in nature and therefore likely
                                                                Further, as discussed above, community                             based regulatory thresholds: 13
                                                                                                                                                                Asset measurement date
                                    Regulatory threshold                                                                           Asset measurement date
            Regulation                                          Asset-based threshold 14                    Rule location                                         (for requirements in
                                           effect                                                                                  (prior to January 1, 2022)             2022)

     OCC: Capital Adequacy        Eligibility for community     $10 billion in total con-             OCC: 12 CFR 3.12 .........   December 31, 2019, or        End of the most recent
       Standards (Part 3).           bank leverage ratio          solidated assets.                   Board: 12 CFR 217.12           the end of the most re-      calendar quarter.
     Board: Capital Adequacy         framework.                                                       FDIC: 12 CFR 324.12            cent calendar quarter,
       of Bank Holding Com-                                                                                                          whichever results in a
       panies, Savings and                                                                                                           lower amount.
       Loan Holding Compa-
       nies, and State Mem-
       ber Banks (Regulation
       Q).
     FDIC: Capital Adequacy
       of FDIC- Supervised
       Institutions.
     Board: Debit Card Inter-     Exemption for small           $10 billion in assets ........        Board: 12 CFR 235.5(a)       December 31, 2019, or        December 31, 2021.
       change Fees and              issuers.                                                                                        December 31, 2020,
       Routing (Regulation II).                                                                                                     whichever results in a
                                                                                                                                    lower amount.
     Board: Management Offi-      Exemption from prohibi-       $10 billion in total assets           Board: 12 CFR 212.3(c)       December 31, 2019, or        End of the most recent
       cial Interlocks (Regula-     tion on service as a                                              FDIC: 12 CFR 348.3(c)          the end of the deposi-       fiscal year.
       tion L).                     ‘‘management official’’                                                                          tory organization’s
     FDIC: Management Offi-         of multiple institutions.                                                                        most recent fiscal year,
       cial Interlocks.                                                                                                              whichever results in a
                                                                                                                                     lower amount.
                                  Exemption for honorary        $100 million in total as-             Board: 12 CFR
                                     or advisory directors        sets.                                 212.2(j)(1)
                                     from definition of                                               FDIC: 12 CFR
                                     ‘‘management official’’.                                           348.2(k)(1).
                                  Exemption from relevant       $50 million in total assets           Board: 12 CFR 212.3(b)
                                     metropolitan statistical                                         FDIC: 12 CFR 348.3(b).
                                     area prohibition.
     Board: Savings and Loan      Interlocks—Major asset        $10 billion .......................   Board: 12 CFR 238.93(c)      December 31, 2019, or     End of the most recent
       Holding Companies             prohibition.                                                                                   the end of the organi-     fiscal year.
       (Regulation LL).                                                                                                             zation’s most recent
                                                                                                                                    fiscal year, whichever
                                                                                                                                    results in a lower
                                                                                                                                    amount.
                                  Audit requirement for         $500 million ....................     Board: 12 CFR 238.5(b)       December 31, 2019, or     End of the most recent
                                    safety and soundness                                                                            end of the organiza-       fiscal year.
                                    purposes.                                                                                       tion’s most recent fis-
                                                                                                                                    cal year, whichever re-
                                                                                                                                    sults in a lower amount.
                                  Informational require-        $150 million ....................     Board: 12 CFR 238.53(c)      December 31, 2019, or     End of the most recent
                                     ments for acquisition of                                           (2)(iii)–(iv).               the end of the most re-   calendar quarter.
                                     a company.                                                                                      cent calendar quarter,
                                                                                                                                     whichever results in a
                                                                                                                                     lower amount.

        13 This interim final rule does not address the         billion as of December 31 of either of the prior two               and Community Reinvestment Act regulatory
     exemption in the Board’s Regulation H from certain         calendar years; and a large bank is a bank with                    thresholds for small banks and intermediate banks
     flood insurance escrow requirements for qualifying         assets of at least $1.305 billion as of December 31                at 12 CFR part 25 (OCC) and 12 CFR 345 (FDIC).
     state member banks (less than $1 billion in assets         of both of the prior two calendar years, 12 CFR                    The OCC also is not adjusting thresholds for
     as of December 31 of either of the two prior               228.12(u)(1). As indicated, the asset-based                        depository institution management interlocks at 12
     calendar years, provided other conditions are also         thresholds in these provisions take into account                   CFR part 26, as this part already permits any
     met), 12 CFR 208.25(e)(3), or the provision in the         assets as of the end of the two previous calendar                  affected bank to request a waiver related to
     Board’s Regulation BB defining small bank and              years. Therefore, the earliest that a bank with assets             unanticipated asset growth.
     intermediate small bank for purposes of                    that did not exceed one of these thresholds as of                     14 This interim final rule only provides
     determining applicable Community Reinvestment              December 31, 2019, could exceed the threshold is
                                                                                                                                   temporary relief with regard to the measurement
     Act evaluation procedures. As currently defined in         January 1, 2022. As a result, consistent with this
     Regulation BB: a small bank is a bank that, as of          interim final rule, asset growth in 2020 or 2021 will              date of assets. Other criteria that apply to certain
     December 31 of either of the prior two calendar            not trigger new regulatory requirements until                      of the affected regulatory provisions remain in
     years, had assets of less than $1.305 billion; an          January 1, 2022, at the earliest. For similar reasons,             effect, and the measurement date for other
     intermediate small bank is a small bank with assets        the interim final rule does not adjust thresholds in               quantities has not been changed by this interim
     of at least $326 million as of December 31 of both         the OCC and the FDIC’s flood insurance escrow rule                 final rule.
     of the prior two calendar years and less than $1.305       at 12 CFR 22.5(c) (OCC) and 12 CFR 339.5(c) (FDIC)


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                      Federal Register / Vol. 85, No. 232 / Wednesday, December 2, 2020 / Rules and Regulations                                                                     77349

                                                                                                                                                                   Asset measurement date
                                    Regulatory threshold                                                                              Asset measurement date
            Regulation                                          Asset-based threshold 14                     Rule location            (prior to January 1, 2022)     (for requirements in
                                           effect                                                                                                                            2022)

                                 Interlocks—Exemption for       $100 million ....................      Board: 12 CFR                  December 31, 2019, or        End of the most recent
                                    honorary or advisory                                                 238.92(j)(1)                   the end of the organi-       fiscal year.
                                    directors from definition                                                                           zation’s most recent
                                    of ‘‘management offi-                                                                               fiscal year, whichever
                                    cial’’.                                                                                             results in a lower
                                                                                                                                        amount.
                                 Interlocks—Exemption           $50 million ......................     Board: 12 CFR 238.93(b)        December 31, 2019, or        End of the most recent
                                    from relevant metro-                                                                               the end of the organi-        fiscal year.
                                    politan statistical area                                                                           zation’s most recent
                                    prohibition.                                                                                       fiscal year, whichever
                                                                                                                                       results in a lower
                                                                                                                                       amount.
     OCC: Regulatory Report-     Eligibility for reduced re-    $5 billion .........................   OCC: 12 CFR 52.2               December 31, 2019, or        June 30, 2021.
       ing (Part 52).               porting of the Consoli-                                            Board: 12 CFR                    June 30, 2020, which-
     Board: Membership of           dated Reports of Con-                                                208.122(b)                     ever results in a lower
       State Banking Institu-       dition and Income (Call                                            FDIC: 12 CFR 304.12(a)           amount.
       tions in the Federal         Report).
       Reserve System (Reg-
       ulation H)
     FDIC: Forms, Instruc-
       tions, and Reports
     OCC: Organization and       Eligibility for 18-month       $3 billion .........................   OCC: 12 CFR 4.6(b) ......      December 31, 2019, or        End of most recent cal-
       Functions (Part 4, Sub-      examination cycle.                                                 Board: 12 CFR 208.64(b)          the end of the most re-      endar quarter.
       part A).                                                                                        FDIC: 12 CFR 337.12(b)           cent calendar quarter,
     Board: Membership of                                                                                                               whichever results in a
       State Banking Institu-                                                                                                           lower amount.
       tions in the Federal
       Reserve System (Reg-
       ulation H).
     FDIC: Unsafe and Un-
       sound Bank Practices.
     Board: Membership of        Eligibility for streamlined    $150 million ....................      12 CFR 208.36(b) ...........   December 31, 2019, or        End of the most recent
       State Banking Institu-       method of compliance                                                                               the end of the bank’s         fiscal year.
       tions in the Federal         with the reporting re-                                                                             most recent fiscal year,
       Reserve System (Reg-         quirements of the Se-                                                                              whichever results in a
       ulation H).                  curities and Exchange                                                                              lower amount.
                                    Commission.
     Bank Holding Companies      Various thresholds in the      $3 billion, $300 million,              12 CFR 225.4(b)(2)             December 31, 2019, or        Normally applicable asset
       and Change in Bank           Board’s rules regarding       $150 million, and $50                  (iii)(A)–(B),                  the end of the most re-      measurement date.
       Control (Regulation Y).      bank holding compa-           million.                               225.14(a)(1)(v)(A)(1)–         cent calendar quarter,
                                    nies and change in                                                   (2), 225.14(a)(1)(vi),         whichever results in a
                                    bank control (Regula-                                                224.14(c)(6)(ii),              lower amount.
                                    tion Y) concerning fil-                                              225.17(a)(6),
                                    ing requirements and                                                 225.23(a)(1)(iii)(A)(1)–
                                    permissible activities.                                              (2), 225.23(c)(5)(ii),
                                                                                                         225.24(a)(2)(iv)–(v),
                                                                                                         225.28(b)(11)(vi), and
                                                                                                         Appendix C.
     OCC: Organization and       Eligibility for an 18-month    $3 billion .........................   OCC: 12 CFR 4.7(b) ......      December 31, 2019, or        End of most recent cal-
       Functions (Part 4, Sub-      examination cycle for                                              Board: 12 CFR                    the end of the most re-      endar quarter.
       part A).                     U.S. branches and                                                    211.26(c)(2)                   cent calendar quarter,
     Board: International           agencies of foreign                                                FDIC: 12 CFR                     whichever results in a
       Banking Operations           banks.                                                               347.211(b)                     lower amount.
       (Regulation K).
     FDIC: International Bank-
       ing.



        As a result of this temporary                           has assets of less than $10 billion as of                             rules regarding debit card interchange
     regulatory burden relief, a community                      the end of the calendar year preceding                                fees and routing until July 1, 2022.
     banking organization that was below                        the date of the electronic debit                                         The temporary regulatory burden
     one of the above-listed asset thresholds                   transaction.15 Pursuant to this interim                               relief provided by this interim final rule
     as of December 31, 2019, generally will                    final rule, an issuer that, together with                             applies through the end of 2021, so that
     be deemed to remain below that                             its affiliates, had assets of $9.9 billion as                         a community banking organization
     threshold through the end of 2021, plus                    of December 31, 2019, $10.1 billion as                                within the scope of the temporary
     any applicable transition period                           of December 30, 2020, and $10.1 billion                               regulatory burden relief will not be
     provided by the regulation. For                            as of December 31, 2021, would be                                     required to comply with the regulatory
     example, the Board’s rules regarding                       deemed to remain below the $10 billion                                or reporting requirements covered by
     debit card interchange fees and routing                    threshold for purposes of this rule                                   this interim final rule until the
     include an exemption for small issuers,                    through the end of 2021, at which point
                                                                                                                                      beginning of 2022 (plus any applicable
     which provides that a debit card issuer                    the six-month transition period
                                                                                                                                      transition period),16 at the earliest,
     is not required to comply with certain                     provided by 12 CFR 235.5(a)(3) would
     requirements with respect to an                            begin. Therefore, this issuer would not                                 16 See 12 CFR 3.12(c) (OCC); 12 CFR 217.12(c)
     electronic debit transaction if the issuer                 be required to comply with the Board’s                                (Board); 12 CFR 324.12(c) (FDIC) (community bank
     holds the account that is debited and                                                                                            leverage ratio framework); 12 CFR 235.5(a)(3) (rules
     the issuer, together with its affiliates,                     15 12 CFR 235.5(a).                                                regarding debit card interchange fees and routing).



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     77350            Federal Register / Vol. 85, No. 232 / Wednesday, December 2, 2020 / Rules and Regulations

     assuming that the organization remains                   account for the change in the definition              relief provision with respect to one or
     above the relevant threshold.                            of ‘‘banking entity’’ implemented by                  more of the asset thresholds covered by
        The agencies have determined not to                   EGRRCPA. However, the Board notes                     the rule if the relevant agency makes an
     amend in this interim final rule a                       that because the changes EGRRCPA                      institution-specific determination that
     provision in the agencies’ regulations                   made to the Volcker Rule were effective               permitting the institution to determine
     regarding section 13 of the Bank                         immediately upon enactment, the                       its assets in accordance with that relief
     Holding Company Act (BHC Act)                            conformance period regulation should                  provision would not be appropriate
     (commonly known as the Volcker Rule).                    be read in a way that is consistent with              based on the organization’s risk
     The Volcker Rule generally applies to                    EGRRCPA and takes into account the                    profile.22 23 When making any such
     ‘‘banking entities,’’ which include                      amendments it made to the definition of               determination, the agencies would
     insured depository institutions, their                   ‘‘banking entity.’’ Under this                        consider all relevant factors, including
     affiliates, and any company that                         interpretation, a company may become                  the extent of asset growth of the
     controls an insured depository                           a new banking entity by virtue of                     community banking organization since
     institution, among other companies.17                    crossing the $10 billion asset threshold              December 31, 2019; the causes of such
     For purposes of the Volcker Rule, the                    under the definition of ‘‘banking                     growth, including whether growth
     definition of ‘‘insured depository                       entity,’’ as amended by EGRRCPA.                      occurred as a result of mergers or
     institution’’ excludes an insured                        Therefore, for the sake of clarification,             acquisitions; whether such growth is
     depository institution if the insured                    the Board confirms that a company that                likely to be temporary or permanent;
     depository institution, and every entity                 was not a banking entity, or a subsidiary             whether the community banking
     that controls it, has total consolidated                 or affiliate of a banking entity, and then            organization has become involved in
     assets equal to or less than $10 billion,                becomes a banking entity for purposes                 any additional activities since December
     as long as the total consolidated trading                of the Volcker Rule because it, or any                31, 2019, and, if so, the risk of such
     assets and liabilities of the insured                    subsidiary or affiliate, exceeds $10                  activities; the asset size of any parent
     depository institution, and every entity                 billion in assets, will qualify for the               companies; and the type of assets held
     that controls it, are equal to or less than              conformance period described in the                   by the community banking
     five percent of the insured depository                   Volcker Rule and the Board’s                          organization.24
     institution’s total consolidated assets.18               implementing regulations.21 This
        The agencies have determined that it                  interpretation covers any company that
                                                                                                                       22 With respect to the exemption for small issuers

     is not necessary to amend the Volcker                    crossed the $10 billion asset threshold
                                                                                                                    from the Board’s rules regarding debit card
     Rule regulations in order to provide                                                                           interchange fees and routing, the reservation of
                                                              after the enactment of EGRRCPA on                     authority will concern a determination related to
     temporary regulatory burden relief to a                  May 24, 2018, including a company that                the issuer’s asset profile, rather than its risk profile,
     bank or any of its subsidiaries or                       crossed the threshold after December 31,              due to differences in the relevant statutory
     affiliates that become a ‘‘banking entity’’                                                                    framework.
                                                              2019.                                                    23 The interim final rule does not include a new
     for purposes of the Volcker Rule
                                                                                                                    reservation of authority in connection with the
     because the assets of the bank or any                    A. Reservation of Authority                           temporary relief provided with respect to the $3
     entity that controls it increase above the                 The temporary regulatory burden                     billion threshold in the agencies’ rules that
     $10 billion asset threshold. Under                       relief described above is generally                   determines, in part, a depository institution’s
     section 13 of the BHC Act and the                                                                              eligibility for an 18-month examination cycle,
                                                              available to community banking                        because the rules already contain a reservation of
     Board’s rule implementing the                            organizations that meet the                           authority pursuant to which each agency may
     conformance period in the Volcker                        requirements described above. However,                examine any depository institution that it
     Rule,19 an entity that newly becomes a                   there may be limited instances in which
                                                                                                                    supervises as frequently as the agency deems
     ‘‘banking entity’’ for purposes of the                                                                         necessary. 12 CFR 4.6(c) and 4.7(c) (OCC); 12 CFR
                                                              such regulatory burden relief would be                208.64(c) (Board); 12 CFR 337.12(c) and 12 CFR
     Volcker Rule has two years to come into
                                                              inappropriate. In order to address                    347.211(c) (FDIC). Amendments to the agencies’
     compliance with the requirements of the                                                                        capital regulations governing eligibility for use of
                                                              certain such situations, the agencies
     Volcker Rule, and may seek an                                                                                  the community bank leverage ratio framework and
                                                              may use existing reservations of                      regulations affecting the prohibition on certain
     extension of the conformance period
                                                              authority in their respective regulations             management official interlocks each include a
     from the Board.20 A banking entity that
                                                              to require a community banking                        reservation of authority. The agencies may exercise
     ceases to be a banking entity during that                                                                      this reservation of authority to determine that such
                                                              organization to comply with a given
     period—for example by virtue of                                                                                relief provisions shall not apply to a supervised
                                                              regulatory requirement that would                     institution if the relevant agency determines that
     reducing its asset size—would no longer
                                                              otherwise not be applicable to the                    such relief would not be commensurate with the
     be subject to the Volcker Rule.                                                                                risk posed by the institution. Amendments to the
        The regulation implementing the                       organization pursuant to the relief
                                                                                                                    regulations governing eligibility to use the FFIEC
     statutory Volcker Rule conformance                       provided by this interim final rule.                  051 do not include new reservations of authority
     period have not yet been updated to                      Additionally, with respect to each of the             because the existing reservations of authority would
                                                              asset-based regulatory thresholds that                continue to apply. The existing Call Reports rules
                                                              did not previously include a reservation              reserve the authority of each agency to require a
        17 12 CFR 44.2(c) (OCC); 12 CFR 248.2(c) (Board);
                                                                                                                    depository intuition otherwise eligible for reduced
     12 CFR 324.12(c) (FDIC).                                 of authority, the interim final rule                  reporting to file the FFIEC 041 version of the report
        18 12 CFR 44.2(r) (OCC); 12 CFR 248.2(r)(2)           creates a new reservation of authority                of condition. 12 CFR 52.4 (OCC); 12 CFR 304.14
     (Board); 12 CFR 351.2(r)(2) (FDIC). The Economic         pursuant to which an agency may                       (FDIC).
     Growth, Regulatory Relief, and Consumer                                                                           24 The temporary regulatory burden relief
     Protection Act (EGRRCPA), enacted on May 24,
                                                              determine that a community banking
                                                                                                                    provided by this interim final rule does not
     2018, amended section 13 of the BHC Act by               organization is not eligible to use the               eliminate any existing authority of the Board to
     modifying the definition of ‘‘banking entity,’’ to                                                             apply a regulatory standard, such as a standard
     exclude certain small firms from section 13’s               21 Although the conformance regulation refers to
                                                                                                                    related to application processing, to a community
     restrictions. EGRRCPA, Public Law 115–174,               a requirement that a company was not a banking        banking organization that, due to its asset size,
     section 203 (May 24, 2018). This amendment was           entity as of July 21, 2010, EGRRCPA’s change to the   would otherwise not qualify for the standard. For
     effective upon EGRRCPA’s enactment.                      definition of ‘‘banking entity’’ means that a firm    example, a bank holding company that meets
        19 Pursuant to sections (c)(2) and (c)(6) of the
                                                              that was below the asset threshold as of July 21,     certain characteristics, including asset-size limits,
     Volcker Rule (12 U.S.C. 1851(c)(2) and (c)(6)), the      2010, regardless of whether it was subject to the     may be eligible for streamlined application
     Board has sole authority to issue rules to implement     Volcker Rule at the time, is eligible for the         processing. However, the Board or its delegatee may
     the Volcker Rule conformance period.                     conformance period if it becomes a banking entity     in its discretion notify such organizations that a full
        20 See 12 CFR 225.181(a)(2), (3).                     due to exceeding the asset threshold.                 application is required in order to permit a closer



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                      Federal Register / Vol. 85, No. 232 / Wednesday, December 2, 2020 / Rules and Regulations                                               77351

        In particular, in determining that the                 risk profile, or complexity of the                        As with regard to asset-based
     community banking organization is not                     community banking organization.                        regulatory thresholds, and for the same
     eligible to use a regulatory burden relief                                                                       reasons, the Board will retain a
                                                               B. Regulatory Reporting Changes
     provision, the relevant agency will                                                                              reservation of authority with regard to
     consider whether a community banking                        Similar to the Board’s regulations, a                each of the affected reports, pursuant to
     organization crossed an asset-based                       number of the Board’s regulatory reports               which the Board would retain the
                                                               contain asset-based thresholds that                    authority to require a banking
     regulatory threshold due to a merger or
                                                               determine whether a banking                            organization to use an asset
     acquisition that significantly increases
                                                               organization is required to report certain             measurement date other than December
     the community banking organization’s                      information. For the same reason that
     asset size. Asset growth that occurs as                                                                          31, 2019, to determine compliance with
                                                               the Board is providing the regulatory                  a reporting threshold. The Board will
     a result of a merger or acquisition is                    burden relief discussed above with
     planned, unlike the growth that many                                                                             use the same factors in determining
                                                               regard to determining the applicability                whether to exercise its reservation of
     community banking organizations have                      of asset-based thresholds contained in                 authority with regard to reporting
     experienced since the beginning of the                    the Board’s regulations, the Board is                  thresholds as with regard to regulatory
     COVID event. Community banking                            temporarily revising certain of its                    thresholds.
     organizations crossing a regulatory                       regulatory reports that contain asset-
     threshold as a result of a merger or                                                                                The regulatory burden relief
                                                               based reporting thresholds set at $10
                                                               billion or less pursuant to the Board’s                discussed above applies to the following
     acquisition therefore have had the
                                                               authority to temporarily revise a                      information collections:
     opportunity to prepare for the change in
     regulatory requirements. Additionally,                    collection of information without                         • Financial Statements for Holding
     asset growth caused by a merger or                        providing the opportunity for public                   Companies (FR Y–9 Reports; OMB No.
     acquisition is generally expected to be                   comment. This regulatory burden relief                 7100–0128);
     permanent and therefore not impose                        applies to reports with as-of dates up to                 • Statements of U.S. Nonbank
     transition costs for a requirement                        and including December 31, 2021.                       Subsidiaries of U.S. Holding Companies
     expected to be temporary. The                             Specifically, with regard to each of the               (FR Y–11 and FR Y–11S; 7100–0244);
     reservations of authority included in                     regulatory reports discussed below,                       • Reports of Foreign Banking
                                                               through December 31, 2021, a banking                   Organizations (FR Y–7N, FR Y–7NS,
     this interim final rule are not limited to
                                                               organization will be permitted to                      and FR Y–7Q; 7100–0125); and
     situations in which there has been a
                                                               determine the applicability of asset-
     merger or acquisition because, even in                                                                              • Statements of Foreign Subsidiaries
                                                               based reporting thresholds set at $10
     the absence of a merger or acquisition                                                                           of U.S. Banks (FR 2314 and FR 2314S;
                                                               billion or less using asset data as of
     transaction, significant asset growth at a                                                                       OMB No. 7100–0073).
                                                               December 31, 2019, if the organization’s
     community banking organization may                        assets as of that date were less than its                 The agencies plan to publish a
     reflect a material change in the business                 assets on the date as of which the                     separate Federal Register notice that
     model, risk profile, or complexity of the                 applicability of a given threshold would               will address corresponding changes to
     community banking organization.                           normally be determined. The revisions                  the Call Reports.
     Nonetheless, the agencies expect to                       to the affected reports do not affect the                 The following chart summarizes the
     apply the reservation of authority only                   substantive reporting instructions for                 manner in which banking organizations
     in limited circumstances, such as when                    any item, schedule, or report. Rather,                 will be required to determine the
     there is significant growth due to a                      they merely affect which banking                       applicability of various reporting
     merger or acquisition or when there is                    organizations are required to report                   thresholds through the end of 2021 and
     a material change in the business model,                  certain items, schedules, or reports.                  afterwards.

     TABLE 1—REPORTING REQUIREMENTS FOR AFFECTED FEDERAL RESERVE REPORTS UNDER THE INTERIM FINAL RULE AND
                                   AFTER REGULATORY BURDEN RELIEF ENDS 1
                                                                                                                          Filers use assets as of these dates to
                      Information collection                         Reporting applicability for 2020–2021              determine reporting requirement for 2022 2

     FR Y–9C (quarterly)—Consolidated Financial                Report filing not required for holding company         Use 06/30/2021 total assets to determine re-
       Statements for Holding Companies.                         below the $3 billion asset threshold using             porting applicability for reports with 2022 as-
                                                                 the lesser of most current filing applicable           of dates.
                                                                 date or 12/31/2019 as-of-date.
     FR Y–9LP (quarterly)—Parent Company Only                  Report filing not required for holding company         Use 06/30/2021 total assets to determine re-
       Financial Statements for Large Holding                    below the $3 billion asset threshold using             porting applicability for reports with 2022 as-
       Companies.                                                the lesser of most current filing applicable           of dates.
                                                                 date or 12/31/2019 as-of-date.




     review of the proposal. Nothing in this interim final       Certain provisions of the Board’s Regulation Y       company involved in a business combination had
     rule affects the Board’s authority to exercise such       include asset-based thresholds of $10 billion or       as of December 31, 2019. However, the calculation
     discretion, to request information that is needed to      below that are based on the pro forma consolidated     of pro forma or combined assets must also include
     analyze the relevant statutory factors for an             assets of a bank holding company or the                the December 31, 2019, assets of any company with
     application or notice, or to consider the ability of      consolidated risk-weighted assets of a bank holding
                                                                                                                      which any company that is party to a proposed
     a community banking organization that files a             company immediately following consummation of
     notice or application with the Board to comply with       a proposed transaction. With regard to these           business combination has itself combined with
     statutory or regulatory requirements that may be          thresholds, the interim final rule permits bank        since December 31, 2019.
     applicable to the organization upon expiration of         holding companies, through 2021, to calculate pro
     the relief provided by this interim final rule.           forma assets by adding together the assets that each



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     77352            Federal Register / Vol. 85, No. 232 / Wednesday, December 2, 2020 / Rules and Regulations

     TABLE 1—REPORTING REQUIREMENTS FOR AFFECTED FEDERAL RESERVE REPORTS UNDER THE INTERIM FINAL RULE AND
                              AFTER REGULATORY BURDEN RELIEF ENDS 1—Continued
                                                                                                                         Filers use assets as of these dates to
                      Information collection                         Reporting applicability for 2020–2021             determine reporting requirement for 2022 2

     FR Y–11 (quarterly)—Financial Statements of               Quarterly report filing not required if nonbank       Use 06/30/2021 total assets to determine eli-
       U.S. Nonbank Subsidiaries of U.S. Bank                    subsidiary had assets of at least $500 mil-           gibility for reports with 2022 as-of dates.
       Holding Companies.                                        lion but less than $1 billion using the lesser
                                                                 of most current filing applicable date or 12/
                                                                 31/2019 as-of-date and does not meet any
                                                                 the other criteria to file quarterly.
     FR Y–11 (annual)—Financial Statements of                  Annual report filing not required if nonbank          Use total assets as of the reporting as-of date
       U.S. Nonbank Subsidiaries of U.S. Bank                    subsidiary has assets of less than $500 mil-          (12/31/2022) to determine reporting applica-
       Holding Companies.                                        lion using the lesser of most current filing          bility.
                                                                 applicable date or 12/31/2019 as-of-date.
     FR Y–11S (annual)—Abbreviated Financial                   Report filing not required if nonbank sub-            Use total assets as of the reporting as-of date
       Statements of U.S. Nonbank Subsidiaries of                sidiary was not greater than $250 million             (12/31/2022) to determine reporting applica-
       U.S. Holding Co.                                          and less than $500 million using the lesser           bility.
                                                                 of most current filing applicable date or 12/
                                                                 31/2019 as-of-date and does not meet the
                                                                 other filing criteria.
     FR Y–7N (quarterly)—Financial Statements of               Quarterly report filing not required if nonbank       Use total assets as of the reporting as-of date
       U.S. Nonbank Subsidiaries Held by Foreign                 subsidiary was below the $1 billion asset             to determine reporting applicability.
       Banking Organizations.                                    threshold using the lesser of most current
                                                                 filing applicable date or 12/31/2019 as-of-
                                                                 date and does not meet any other filing cri-
                                                                 teria.
     FR Y–7N (annual)—Financial Statements of                  Report filing not required if nonbank sub-            Use total assets as of the reporting as-of date
       U.S. Nonbank Subsidiaries Held by Foreign                 sidiary was not greater than $500 million             (12/31/2022) to determine reporting applica-
       Banking Organizations.                                    and less than $1 billion using lesser of most         bility.
                                                                 current filing applicable date or 12/31/2019
                                                                 as-of-date and does not meet any other fil-
                                                                 ing criteria.
     FR Y–7NS (annual)—Abbreviated Financial                   Report filing not required if nonbank sub-            Use total assets as of the reporting as-of date
       Statements of U.S. Nonbank Subsidiaries                   sidiary was not greater than $250 million             (12/31/2022) to determine reporting applica-
       Held by Foreign Banking Organizations.                    and less than $500 million using the lesser           bility.
                                                                 of most current filing applicable date or 12/
                                                                 31/2019 as-of-date and does not meet the
                                                                 other filing criteria.
     FR 2314 (quarterly)—Financial Statements of               Quarterly report filing not required if nonbank       Use 06/30/2021 total assets to determine eli-
       Foreign Subsidiaries of U.S. Banking Organi-              subsidiary has assets less than $1 billion            gibility for reports with 2022 as-of dates.
       zations.                                                  using the lesser of most current filing appli-
                                                                 cable date or 12/31/2019 as-of-date and
                                                                 does not meet any of other criteria to file
                                                                 quarterly.
     FR 2314 (annual)—Financial Statements of                  Report filing not required if nonbank was not         Use total assets as of the reporting as-of date
       Foreign Subsidiaries of U.S. Banking Organi-              greater than $500 million and less than $1            (12/31/2022) to determine reporting applica-
       zations.                                                  billion in total assets using lesser of most          bility.
                                                                 current filing applicable date or 12/31/2019
                                                                 as-of-date.
     FR 2314S (annual)—Abbreviated Financial                   Report filing not required if nonbank was not         Use total assets as of the reporting as-of date
       Statements of Foreign Subsidiaries of U.S.                greater than $250 million and less than               (12/31/2022) to determine reporting applica-
       Banking Org.                                              $500 million in total asset using the lesser          bility.
                                                                 of most current filing applicable date or 12/
                                                                 31/2019 as-of-date.
       1 During 2020–2021, applicability of new reporting requirements would be based on the December 31, 2019 data. For example, a holding com-
     pany that does not currently file the FR Y–9C will not use its June 2020 total consolidated assets (TCA) to determine the March 31, 2021, filing
     requirement, and would not be required to file the FR Y–9C report until March 21, 2022. After the regulatory burden relief ends, the institution
     would use June 30, 2021, TCA to determine initial filing for the March 31, 2022, reporting period.
       2 Beginning January 1, 2022, asset measurement for applicability of reporting will revert-back to how institutions determined applicability prior
     to the reporting relief.


     II. Request for Comment                                   interim final rule to determine                       other dates and the advantages and
        The agencies seek comment on all                       compliance with regulatory thresholds                 disadvantages of any such dates.
     aspects of this interim final rule. In                    using the lesser of an organization’s                 III. Administrative Law Matters
     particular, the agencies seek comment                     assets as of December 31, 2019, and its
     on the duration of the temporary                          assets on the date as of which the                    A. Administrative Procedure Act
     regulatory burden relief and on the                       applicability of a given threshold would                 The agencies are issuing the interim
     following specific question:                              normally be determined? What would                    final rule without prior notice and the
        (1): What are the advantages and                       be the advantages and disadvantages of                opportunity for public comment and
     disadvantages of requiring community                      an alternative measurement date?                      without the 30-day delayed effective
     banking organizations subject to this                     Commenters are invited to describe                    date ordinarily prescribed by the


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                      Federal Register / Vol. 85, No. 232 / Wednesday, December 2, 2020 / Rules and Regulations                                        77353

     Administrative Procedure Act (APA).25                    and comment period prior to issuance of               required by the CRA does not apply to
     Pursuant to section 553(b)(B) of the                     the interim final rule is impracticable,              any rule for which an agency for good
     APA, general notice and the opportunity                  as community banking organizations                    cause finds (and incorporates the
     for public comment are not required                      may start incurring transition costs prior            finding and a brief statement of reasons
     with respect to a rulemaking when an                     to the end of 2020 in anticipation of                 therefor in the rule issued) that notice
     ‘‘agency for good cause finds (and                       needing to comply with additional                     and public procedure thereon are
     incorporates the finding and a brief                     requirements starting as early as                     impracticable, unnecessary, or contrary
     statement of reasons therefor in the                     December 31, 2020. For these reasons,                 to the public interest. In light of current
     rules issued) that notice and public                     the agencies find there is good cause                 market uncertainty and because
     procedure thereon are impracticable,                     consistent with the public interest to                community banking organizations may
     unnecessary, or contrary to the public                   issue the interim final rule without                  start incurring transition costs prior to
     interest.’’ 26                                           advance notice and comment.                           the end of 2020 in anticipation of
        As discussed above, the interim final                    The APA also requires a 30-day                     needing to comply with additional
     rule provides temporary regulatory                       delayed effective date, except for (1)                requirements starting as early as
     burden relief to community banking                       substantive rules which grant or                      December 31, 2020, the agencies believe
     organizations crossing regulatory and                    recognize an exemption or relieve a                   that delaying the effective date of the
     reporting asset thresholds in 2020 and                   restriction; (2) interpretative rules and             rule would be contrary to the public
     2021. Many community banking                             statements of policy; or (3) as otherwise             interest.
     organizations have experienced                           provided by the agency for good                          As required by the CRA, the agencies
     dramatic and unexpected increases in                     cause.27 The agencies find good cause to              will submit the final rule and other
     their assets as a result of their efforts to             publish the interim final rule with an                appropriate reports to Congress and the
     support the economy during the                           immediate effective date for the same                 Government Accountability Office for
     ongoing COVID event. As noted, a                         reasons set forth above under the                     review.
     significant portion of this asset growth                 discussion of section 553(b)(B) of the                C. Paperwork Reduction Act
     can be traced to participation by                        APA.
     community banking organizations in                          While the agencies believe there is                  The Paperwork Reduction Act of 1995
     emergency lending programs sponsored                     good cause to issue the interim final                 (PRA) states that no agency may
     by the U.S. government, other lending                    rule without advance notice and                       conduct or sponsor, nor is a respondent
     related to the COVID event, and an                       comment and with an immediate                         required to respond to, an information
     unexpected surge in deposits. The                        effective date, the agencies are                      collection unless it displays a currently
     interim final rule facilitates the ability               requesting comment on all aspects of                  valid OMB control number.31 The
     of community banking organizations to                    the interim final rule.                               interim final rule affects the agencies’
     temporarily defer the implementation of                                                                        current information collections for the
     regulatory and reporting thresholds that                 B. Congressional Review Act                           Call Reports (FFIEC 031, FFIEC 041, and
     would not have been applicable had                          For purposes of Congressional Review               FFIEC 051). The OMB control numbers
     they not experienced this growth in                      Act (CRA), OMB makes a determination                  for the Call Reports of the agencies are:
     assets. Therefore, the interim final rule                as to whether a final rule constitutes a              OCC OMB No. 1557–0081; Board OMB
     benefits community banking                               ‘‘major’’ rule.28 If a rule is deemed a               No. 7100–0036; and FDIC OMB No.
     organizations from the above referenced                  ‘‘major rule’’ by the OMB, the CRA                    3064–0052.
     regulations and reports by providing                     generally provides that the rule may not                For purposes of the Call Reports, any
     temporary regulatory burden relief. The                  take effect until at least 60 days                    change resulting from the relief
     interim final rule does not impose any                   following its publication.29                          provided by this interim final rule
     requirements on any covered                                 The CRA defines a ‘‘major rule’’ as                should be minimal and result in a zero
     community banking organizations.                         any rule that the Administrator of the                net change in hourly burden under the
        The agencies believe that the public                  Office of Information and Regulatory                  agencies’ information collections.
     interest is best served by making the                    Affairs of the OMB finds has resulted in              Submissions will, however, be made by
     interim final rule effective immediately                 or is likely to result in (1) an annual               the agencies to OMB. The changes to the
     upon publication in the Federal                          effect on the economy of $100,000,000                 instructions of the Call Reports will be
     Register. The agencies believe that                      or more; (2) a major increase in costs or             addressed in a separate Federal Register
     issuing the interim final rule will ensure               prices for consumers, individual                      notice.
     that community banking organizations                     industries, Federal, State, or local                    In addition, this interim final rule
     will not be unnecessarily required to                    government agencies or geographic                     does not introduce any new information
     comply with threshold-based regulatory                   regions, or (3) significant adverse effects           collections. It does, however,
     standards that may not be appropriate                    on competition, employment,                           temporarily impact the following
     given the organizations’ likely long-term                investment, productivity, innovation, or              information collections: FR Y–9
     risk profile and activities after the                    on the ability of United States-based                 Reports; FR Y–11; FR Y–11S; FR Y–7N;
     reversal of any temporary growth. The                    enterprises to compete with foreign-                  FR Y–7NS; FR 2314; and FR 2314S. The
     interim final rule also will allow                       based enterprises in domestic and                     Board has reviewed this interim final
     community banking organizations to                       export markets.30                                     rule pursuant to authority delegated by
     avoid the costs of temporarily                              For the same reasons set forth above,              the OMB. The Board has temporarily
     complying with regulatory                                the agencies are adopting the interim                 revised the instructions for these
     requirements, allowing the banking                       final rule without the delayed effective              information collections to reflect
     organizations to continue to focus on                    date generally prescribed under the                   changes made in the interim final rule.
     the provision of credit during this time                 CRA. The delayed effective date                         On June 15, 1984, OMB delegated to
     of economic stress. In addition, the                                                                           the Board authority under the PRA to
     agencies believe that providing a notice                   27 5 U.S.C. 553(d).                                 approve a temporary revision to a
                                                                28 5 U.S.C. 801 et seq.                             collection of information without
       25 5 U.S.C. 553.                                         29 5 U.S.C. 801(a)(3).
       26 5 U.S.C. 553(b)(B).                                   30 5 U.S.C. 804(2).                                   31 44 U.S.C. 3501–3521.




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     77354            Federal Register / Vol. 85, No. 232 / Wednesday, December 2, 2020 / Rules and Regulations

     providing opportunity for public                           Respondents: Bank holding                           inspection analysis, to monitor and
     comment if the Board determines that a                   companies, savings and loan holding                   evaluate capital adequacy, to evaluate
     change in an existing collection must be                 companies, securities holding                         holding company mergers and
     instituted quickly and that public                       companies, and U.S. intermediate                      acquisitions, and to analyze a holding
     participation in the approval process                    holding companies (collectively,                      company’s overall financial condition to
     would defeat the purpose of the                          holding companies).                                   ensure the safety and soundness of its
     collection or substantially interfere with                 Estimated number of respondents: FR                 operations. The FR Y–9C, FR Y–9LP,
     the Board’s ability to perform its                       Y–9C (non-advanced approaches                         and FR Y–9SP serve as standardized
     statutory obligation.                                    community bank leverage ratio holding                 financial statements for the consolidated
       The Board’s delegated authority                        companies with less than $5 billion in                holding company. The Board requires
     requires that the Board, after                           total assets): 71; FR Y–9C (non-                      holding companies to provide
     temporarily approving a collection,                      advanced approaches community bank                    standardized financial statements to
     solicit public comment on a proposal to                  leverage ratio holding companies with                 fulfill the Board’s statutory obligation to
     extend the temporary collection for a                    $5 billion or more in total assets): 35; FR           supervise these organizations. The FR
     period not to exceed three years.                        Y–9C (non-advanced approaches, non-                   Y–9ES is a financial statement for
     Therefore, the Board is inviting                         community bank leverage ratio, holding                holding companies that are Employee
     comment on a proposal to extend these                    companies with less than $5 billion in                Stock Ownership Plans. The Board uses
     information collections for three years                  total assets): 84; FR Y–9C (non-                      the voluntary FR Y–9CS (a free-form
     with such revisions. The Board invites                   advanced approaches, non-community                    supplement) to collect additional
     public comment on the information                        bank leverage ratio holding companies,                information deemed to be critical and
     collections, which are being reviewed                    with $5 billion or more in total assets):             needed in an expedited manner.
     under authority delegated by the OMB                     154; FR Y–9C (advanced approaches                     Holding companies file the FR Y–9C
     under the PRA. Comments are invited                      holding companies): 19; FR Y–9LP: 434;                quarterly, the FR Y–9LP quarterly, the
     on the following:                                        FR Y–9SP: 3,960; FR Y–9ES: 83; FR Y–                  FR Y–9SP semiannually, the FR Y–9ES
       a. Whether the collections of                          9CS: 236.                                             annually, and the FR Y–9CS on a
     information are necessary for the proper                   Estimated annual burden hours:                      schedule that is determined when this
     performance of the Board’s functions,                    Reporting                                             supplement is used.
     including whether the information has                                                                             Legal authorization and
                                                                FR Y–9C (non-advanced approaches                    confidentiality: The Board has the
     practical utility;
                                                              community bank leverage ratio holding                 authority to impose the reporting and
       b. The accuracy of the Board’s
                                                              companies with less than $5 billion in                recordkeeping requirements associated
     estimate of the burden of the proposed
                                                              total assets): 8,284 hours; FR Y–9C (non-             with the FR Y–9 family of reports on
     information collections, including the
                                                              advanced approaches community bank                    bank holding companies pursuant to
     validity of the methodology and
                                                              leverage ratio holding companies with                 section 5 of the BHC Act, (12 U.S.C.
     assumptions used;
                                                              $5 billion or more in total assets): 4,920;           1844); on savings and loan holding
       c. Ways to enhance the quality,
                                                              FR Y–9C (non-advanced approaches                      companies pursuant to section 10(b)(2)
     utility, and clarity of the information to
                                                              non community bank leverage ratio                     and (3) of the Home Owners’ Loan Act,
     be collected;
                                                              holding companies with less than $5                   (12 U.S.C. 1467a(b)(2) and (3)); on U.S.
       d. Ways to minimize the burden of
                                                              billion in total assets): 13,779; FR Y–9C             intermediate holding companies
     information collection on respondents,
                                                              (non-advanced approaches non-                         pursuant to section 5 of the BHC Act,
     including through the use of automated
                                                              community bank leverage ratio holding                 (12 U.S.C 1844), as well as pursuant to
     collection techniques or other forms of
                                                              companies with $5 billion or more in                  sections 102(a)(1) and 165 of the Dodd-
     information technology; and
                                                              total assets): 28,940 hours; FR Y–9C                  Frank Wall Street Reform and Consumer
       e. Estimates of capital or startup costs
                                                              (advanced approaches holding                          Protection Act (Dodd-Frank Act), (12
     and costs of operation, maintenance,
                                                              companies): 3,747 hours; FR Y–9LP:                    U.S.C. 511(a)(1) and 5365); and on
     and purchase of services to provide
                                                              9,149 hours; FR Y–9SP: 42,768 hours;                  securities holding companies pursuant
     information.
                                                              FR Y–9ES: 42 hours; FR Y–9CS: 472                     to section 618 of the Dodd-Frank Act,
       Comments must be submitted on or
                                                              hours.                                                (12 U.S.C. 1850a(c)(1)(A)). The FR Y–9
     before February 1, 2021. At the end of
                                                                                                                    series of reports, and the recordkeeping
     the comment period, the comments and                     Recordkeeping
                                                                                                                    requirements set forth in the respective
     recommendations received will be                           FR Y–9C (non-advanced approaches                    instructions to each report, are
     analyzed to determine the extent to                      holding companies with less than $5                   mandatory, except for the FR Y–9CS,
     which the Board should modify the                        billion in total assets): 620 hours; FR Y–            which is voluntary.
     information collection.                                  9C (non-advanced approaches holding                      With respect to the FR Y–9C,
     Approval Under OMB Delegated                             companies with $5 billion or more in                  Schedule HI Memoranda item 7.g,
     Authority of the Temporary Revision of,                  total assets): 756 hours; FR Y–9C                     Schedule HC–P item 7.a, and Schedule
     and Proposal To Extend for Three Years,                  (advanced approaches holding                          HC–P item 7.b are considered
     With Revision, the Following                             companies): 76 hours; FR Y–9LP: 1,736                 confidential commercial and financial
     Information Collections                                  hours; FR Y–9SP: 3,960 hours; FR Y–                   information under exemption 4 of the
                                                              9ES: 42 hours; FR Y–9CS: 472 hours.                   Freedom of Information Act (FOIA), (5
     1. Report Title: Financial Statements for                  General description of report: The FR               U.S.C. 552(b)(4)), as is Schedule HC
     Holding Companies                                        Y–9 family of reporting forms continues               Memoranda item 2.b for both the FR Y–
       Agency form number: FR Y–9C, FR Y–                     to be the primary source of financial                 9C and FR Y–9SP reports. Such
     9LP, FR Y–9SP, FR Y–9ES, and FR Y–                       data on holding companies that                        treatment is appropriate under
     9CS.                                                     examiners rely on in the intervals                    exemption 4 of the FOIA (5 U.S.C.
       OMB control number: 7100–0128.                         between on-site inspections. Financial                552(b)(4)) because these data items
       Effective date: December 2, 2020.                      data from these reporting forms are used              reflect commercial and financial
       Frequency: Quarterly, semiannually,                    to detect emerging financial problems,                information that is both customarily and
     and annually.                                            to review performance and conduct pre-                actually treated as private by the


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                      Federal Register / Vol. 85, No. 232 / Wednesday, December 2, 2020 / Rules and Regulations                                       77355

     submitter, and which the Board has                       of Information (12 CFR part 261),                     savings and loan holding companies
     previously assured submitters will be                    however, a respondent may request                     and any subsidiary thereof, and
     treated as confidential. It also appears                 confidential treatment for any data                   securities holding companies and any
     that disclosing these data items may                     items the respondent believes should be               affiliate thereof to file the FR Y–11
     reveal confidential examination and                      withheld pursuant to a FOIA                           pursuant to, respectively, section 5(c) of
     supervisory information, and in such                     exemption. The Board will review any                  the BHC Act (12 U.S.C. 1844(c)), section
     instances, this information would also                   such request to determine if confidential             10(b) of the Homeowners’ Loan Act (12
     be withheld pursuant to exemption 8 of                   treatment is appropriate, and will                    U.S.C. 1467a(b)), and section 618 of the
     the FOIA (5 U.S.C. 552(b)(8)), which                     inform the respondent if the request for              Dodd-Frank Act (12 U.S.C. 1850a).
     protects information related to the                      confidential treatment has been denied.                  Information collected in these reports
     supervision or examination of a                             To the extent that the instructions to             generally is not considered confidential.
     regulated financial institution.                         the FR Y–9C, FR Y–9LP, FR Y–9SP, and                  However, because the information is
        In addition, for both the FR Y–9C                     FR Y–9ES reports each respectively                    collected as part of the Board’s
     report and the FR Y–9SP report,                          direct a financial institution to retain              supervisory process, certain information
     Schedule HC Memoranda item 2.b, the                      the workpapers and related materials                  may be afforded confidential treatment
     name and email address of the external                   used in preparation of each report, such              pursuant to exemption 8 of the FOIA (5
     auditing firm’s engagement partner, is                   material would only be obtained by the                U.S.C. 552(b)(8)). Individual
     considered confidential commercial                       Board as part of the examination or                   respondents may request that certain
     information and protected by exemption                   supervision of the financial institution.             data be afforded confidential treatment
     4 of the FOIA (5 U.S.C. 552(b)(4)) if the                Accordingly, such information may be                  pursuant to exemption 4 of the FOIA if
     identity of the engagement partner is                    considered confidential pursuant to                   the data has not previously been
     treated as private information by                        exemption 8 of the FOIA (5 U.S.C.                     publically disclosed and the release of
     holding companies. The Board has                         552(b)(8)). In addition, the financial                the data would likely cause substantial
     assured respondents that this                            institution’s workpapers and related                  harm to the competitive position of the
     information will be treated as                           materials may also be protected by                    respondent (5 U.S.C. 552(b)(4)).
     confidential since the collection of this                exemption 4 of the FOIA, to the extent                Additionally, individual respondents
     data item was proposed in 2004.                          such financial information is treated as              may request that personally identifiable
        Additionally, items on the FR Y–9C,                   confidential by the respondent (5 U.S.C.              information be afforded confidential
     Schedule HC–C regarding loans                            552(b)(4)).                                           treatment pursuant to exemption 6 of
     modified under Section 4013                                                                                    the FOIA if the release of the
     (Memoranda item 16.a, ‘‘Number of                        2. Report Title: Financial Statements of
                                                                                                                    information would constitute a clearly
     Section 4013 loans outstanding’’, and                    U.S. Nonbank Subsidiaries of U.S.
                                                                                                                    unwarranted invasion of personal
     Memoranda item 16.b, ‘‘Outstanding                       Holding Companies and Abbreviated
                                                                                                                    privacy (5 U.S.C. 552(b)(6)). The
     balance of Section 4013 loans’’) are                     Financial Statements of U.S Nonbank
                                                                                                                    applicability of the FOIA exemptions 4
     considered confidential. While the                       Subsidiaries of U.S. Holding Companies
                                                                                                                    and 6 would be determined on a case-
     Board generally makes institution-level                     Agency form number: FR Y–11 and                    by-case basis.
     FR Y–9C report data publicly available,                  FR Y–11S.
     the Board believes the disclosure of                        OMB control number: 7100–0244.                     3. Report Title: The Financial
     these items at the holding company                          Effective date: December 2, 2020.                  Statements of U.S. Nonbank
     level would not be in the public                            Frequency: Quarterly and annually.                 Subsidiaries Held by Foreign Banking
     interest.32 Such information is                             Respondents: Domestic bank holding                 Organizations, Abbreviated Financial
     permitted to be collected on a                           companies, savings and loan holding                   Statements of U.S. Nonbank
     confidential basis, consistent with 5                    companies, securities holding                         Subsidiaries Held by Foreign Banking
     U.S.C. 552(b)(8).33 Holding companies                    companies, and intermediate holding                   Organizations, and the Capital and
     may be reluctant to offer modifications                  companies.                                            Asset Report of Foreign Banking
     under Section 4013 if information on                        Estimated number of respondents: FR                Organizations
     these modifications is publicly                          Y–11 (quarterly): 445; FR Y–11                           Agency form number: FR Y–7N, FR
     available, as analysts, investors, and                   (annually): 189; FR Y–11S: 273.                       Y–7NS, and FR Y–7Q.
     other users of public FR Y–9C report                        Estimated annual burden hours: FR                     OMB control number: 7100–0125.
     information may penalize an institution                  Y–11 (quarterly): 13,528 hours; FR Y–11                  Effective date: December 2, 2020.
     for using the relief provided by the                     (annually): 1,436 hours; FR Y–11S: 273                   Frequency: Quarterly and annually.
     CARES Act.                                               hours.                                                   Respondents: Foreign banking
        Aside from the data items described                      General description of report: The FR              organizations.
     above, the remaining data items on the                   Y–11 family of reports collects financial                Estimated number of respondents: FR
     FR Y–9 report and the FR Y–9SP report                    information for individual U.S. nonbank               Y–7N (quarterly): 35; FR Y–7N
     are generally not accorded confidential                  subsidiaries of domestic holding                      (annually): 19; FR Y–7NS: 22; FR Y–7Q
     treatment. The data items collected on                   companies, which is essential for                     (quarterly): 130; FR Y–7Q (annually):
     FR Y–9LP, FR Y–9ES, and FR Y–9CS                         monitoring the subsidiaries’ potential                29.
     reports, are also generally not accorded                 impact on the condition of the holding                   Estimated annual burden hours: FR
     confidential treatment. As provided in                   company or its subsidiary banks.                      Y–7N (quarterly): 1,064 hours; FR Y–7N
     the Board’s Rules Regarding Availability                 Holding companies file the FR Y–11 on                 (annually): 144 hours; FR Y–7NS: 22
                                                              a quarterly or annual basis or the FR Y–              hours; FR Y–7Q (quarterly): 1,560 hours;
       32 See 12 U.S.C. 1464(v)(2).                           11S on an annual basis, predominantly                 FR Y–7Q (annually): 44 hours.
       33 Exemption 8 of the Freedom of Information Act       based on whether the organization                        General description of report: The FR
     (FOIA) specifically exempts from disclosure              meets certain asset size thresholds.                  Y–7N and the FR Y–7NS are used to
     information ‘‘contained in or related to                    Legal authorization and                            assess a foreign banking organization’s
     examination, operating, or condition reports
     prepared by, on behalf of, or for the use of an
                                                              confidentiality: The Board has the                    ability to be a continuing source of
     agency responsible for the regulation or supervision     authority to require bank holding                     strength to its U.S. nonbank operations
     of financial institutions.’’                             companies and any subsidiary thereof,                 and to determine compliance with U.S.


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     77356            Federal Register / Vol. 85, No. 232 / Wednesday, December 2, 2020 / Rules and Regulations

     laws and regulations. Foreign banking                    and loan holding companies,                           U.S.C. 552(b)(8)). Individual
     organizations file the FR Y–7N quarterly                 intermediate holding companies, and                   respondents may request that certain
     or annually, or the FR Y–7NS annually,                   Edge or agreement corporations.                       data be afforded confidential treatment
     predominantly based on asset size                           Estimated number of respondents: FR                pursuant to exemption 4 of the FOIA if
     thresholds. The FR Y–7Q is used to                       2314 (quarterly): 439; FR 2314                        the data has not previously been
     assess consolidated regulatory capital                   (annually): 239; FR 2314S: 300.                       publically disclosed and the release of
     and asset information from all foreign                      Estimated annual burden hours: FR                  the data would likely cause substantial
     banking organizations. The FR Y–7Q is                    2314 (quarterly): 12,643 hours; FR 2314               harm to the competitive position of the
     filed quarterly by foreign banking                       (annually): 1,768 hours; FR 2314S: 300                respondent (5 U.S.C. 552(b)(4)).
     organizations that have effectively                      hours.                                                Additionally, individual respondents
     elected to become or be treated as a U.S.                   General description of report: The FR              may request that personally identifiable
     financial holding company and by                         2314 family of reports is the only source             information be afforded confidential
     foreign banking organizations that have                  of comprehensive and systematic data                  treatment pursuant to exemption 6 of
     total consolidated assets of $50 billion                 on the assets, liabilities, and earnings of           the FOIA if the release of the
     or more, regardless of financial holding                 the foreign nonbank subsidiaries of U.S.              information would constitute a clearly
     company status. All other foreign                        banking organizations, and the data are               unwarranted invasion of personal
     banking organizations file the FR Y–7Q                   used to monitor the growth,                           privacy (5 U.S.C. 552(b)(6)). The
     annually.                                                profitability, and activities of these                applicability of the FOIA exemptions 4
        Legal authorization and                               foreign companies. The data help the                  and 6 would be determined on a case-
     confidentiality: With respect to foreign                 Board identify present and potential                  by-case basis.
     banking organizations and their                          problems of these companies, monitor                     Current actions: The interim final rule
     subsidiary intermediate holding                          their activities in specific countries, and           adjusts for community banking
     companies, section 5(c) of the BHC Act,                  develop a better understanding of                     organizations the measurement dates for
     in conjunction with section 8 of the                     activities within the industry and                    certain total asset thresholds that would
     International Banking Act (12 U.S.C.                     within specific institutions. Parent                  otherwise trigger additional information
     3106), authorizes the board to require                   organizations (state member banks, Edge               collection requirements for the
     foreign banking organizations and any                    and agreement corporations, or holding                remainder of calendar years 2020
     subsidiary thereof to file the FR Y–7N                   companies) file the FR 2314 on a                      through the end of 2021. The temporary
     reports, and the FR Y–7Q. Information                    quarterly or annual basis, or the FR                  relief applies only to filing requirements
     collected in these reports generally is                  2314S on an annual basis,                             associated with asset-based reporting
     not considered confidential. However,                    predominantly based on whether the                    thresholds of $10 billion or less. Table
     because the information is collected as                  organization meets certain asset size                 1 of the interim final rule contains a
     part of the Board’s supervisory process,                 thresholds.                                           summary of affected reports, reporting
     certain information may be afforded                         Legal authorization and                            applicability for 2020–2021, and the
     confidential treatment pursuant to                       confidentiality: The Board has the                    dates for determining reporting
     exemption 8 of the FOIA (5 U.S.C.                        authority to require bank holding                     requirements for 2022.
     552(b)(8)). Individual respondents may                   companies and any subsidiary thereof,                    To implement the interim final rule,
     request that certain data be afforded                    savings and loan holding companies                    the Board is temporarily revising the
     confidential treatment pursuant to                       and any subsidiary thereof, and                       instructions for the following reports:
     exemption 4 of the FOIA if the data has                  securities holding companies and any                  FR Y–9C, FR Y–9LP, FR Y–11, FR Y–
     not previously been publicly disclosed                   affiliate thereof to file the FR 2314                 11S, FR Y–7N, FR Y–7NS, FR 2314, and
     and the release of the data would likely                 pursuant to, respectively, section 5(c) of            FR 2314S. The revised instructions
     cause substantial harm to the                            the BHC Act (12 U.S.C. 1844(c)), section              instruct community banking
     competitive position of the respondent                   10(b) of the Homeowners’ Loan Act (12                 organizations to use the lesser of total
     (5 U.S.C. 552(b)(4)). Additionally,                      U.S.C. 1467a(b)), and section 618 of the              assets as of December 31, 2019, or the
     individual respondents may request that                  Dodd-Frank Act (12 U.S.C. 1850a). The                 most recent applicable measurement
     personally identifiable information be                   Board has the authority to require state              period to determine the applicability of
     afforded confidential treatment                          member banks, agreement corporations,                 asset-based filing thresholds for the
     pursuant to exemption 6 of the FOIA if                   and Edge corporations to file the FR                  remainder of calendar years 2020
     the release of the information would                     2314 pursuant to, respectively, sections              through the end of 2021. All reporting
     constitute a clearly unwarranted                         9(6), 25(7), and 25A(17) of the Federal               eligibility criteria for these information
     invasion of personal privacy (5 U.S.C.                   Reserve Act (12 U.S.C. 324, 602, and                  collections, besides the temporarily
     552(b)(6)). The applicability of the FOIA                625). With respect to foreign banking                 revised total assets measurement date,
     exemptions 4 and 6 would be                              organizations and their subsidiary                    continue to apply. Financial institutions
     determined on a case-by-case basis.                      intermediate holding companies,                       must revert back to normal rules for
                                                              section 5(c) of the BHC Act, in                       determining applicability of the
     4. Report Title: Financial Statements of                 conjunction with section 8 of the                     reporting requirements in calendar year
     Foreign Subsidiaries of U.S. Banking                     International Banking Act (12 U.S.C.                  2022, as summarized in Table 1.
     Organizations and the Abbreviated                        3106), authorizes the board to require                   The Board believes the changes to the
     Financial Statements of Foreign                          foreign banking organizations and any                 measurement dates for the total asset
     Subsidiaries of U.S. Banking                             subsidiary thereof to file the FR 2314                thresholds used to determine additional
     Organizations                                            reports. These reports are mandatory.                 reporting requirements will not result in
        Agency form number: FR 2314 and FR                       Information collected in these reports             a change in the burden estimates
     2314S.                                                   generally is not considered confidential.             currently approved by OMB. Therefore,
        OMB control number: 7100–0073.                        However, because the information is                   the burden estimates for these reports
        Effective date: December 2, 2020.                     collected as part of the Board’s                      remain unchanged by the interim final
        Frequency: Quarterly and annually.                    supervisory process, certain information              rule.
        Respondents: U.S. state member                        may be afforded confidential treatment                   The FR Y–9C instructions currently
     banks, bank holding companies, savings                   pursuant to exemption 8 of the FOIA (5                contain filing thresholds of $5 billion


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                      Federal Register / Vol. 85, No. 232 / Wednesday, December 2, 2020 / Rules and Regulations                                      77357

     and $10 billion that trigger the reporting               in earnings on assets and liabilities that            agreements with the Federal Deposit
     of additional schedules and the                          are reported at fair value under a fair               Insurance Corporation; Schedule HC–N,
     reporting of certain data items at a                     value option; Schedule HI Memoranda                   items 8.a and 8.b, columns A, B, and C;
     higher frequently. These thresholds                      item 15, stock-based employee                         Schedule HC–N items 12.a.(1)(a)
     would be impacted by the changes in                      compensation expense; Schedule HI–B,                  through 12.f, pertaining to loans and
     the interim final rule. Whether                          Part I, items 4.a and 4.b, columns A and              leases which are covered by loss-sharing
     additional FR Y–9C requirements apply                    B, commercial and industrial loans;                   agreements with the Federal Deposit
     would normally be based on total                         Schedule HI–B, Part I, item 6, columns                Insurance Corporation; Schedule HC–N
     consolidated assets as of June 30 of the                 A and B, loans to foreign governments                 Memoranda items 1.e.(1) and 1.e.(2),
     prior year. With the revisions in the                    and official institutions; Schedule HI–B,             columns A, B, and C, commercial and
     interim final rule, community banking                    Part I, items 8.a and 8.b, lease finance              industrial loans; and Schedule HC–N
     organizations may instead use the lesser                 receivables; Schedule HI–B, Part I,                   Memoranda item 6, fair value of
     of total consolidated assets as of                       Memoranda item 2, columns A and B,                    derivative contract amounts carried as
     December 31, 2019, or June 30, 2020, to                  loans secured by real estate to non-U.S.              assets.
     determine whether additional filing                      addressees; Schedule HI–B, Part I,                       • The $5 billion threshold requires
     requirements are applicable.                             Memoranda item 3, uncollectible retail                these holding companies to report
        Specifically, the additional filing                   credit card fees and finance charges                  quarterly rather than annual Schedule
     requirements for the FR Y–9C that                        reversed against income; Schedule HI–                 HI Memoranda items 6.a through 6.j,
     would otherwise be triggered by the $5                   B, Part II, Memoranda item 1, allocated               other noninterest income; Schedule HI
     billion and $10 billion threshold are as                                                                       Memoranda items 7.a through 7.p, other
                                                              transfer risk reserve; Schedule HI–B,
     follows:                                                                                                       noninterest expense; and Schedule HI
                                                              Part II, Memoranda item 2, separate
        • The $5 billion threshold requires                                                                         Memoranda 16, noncash income from
     these holding companies to report                        valuation allowance for uncollectible
                                                                                                                    negative amortization on closed-end
     Schedule HI–C, Part I, Disaggregated                     retail credit card fees and finance
                                                                                                                    loans secured by 1–4 family residential
     Data on the Allowance for Loan and                       charges; Schedule HI–B, Part II,
                                                                                                                    properties; and quarterly rather than
     Lease Losses; Schedule HC–D, Trading                     Memoranda item 3, allowance for loan
                                                                                                                    semi-annual, Schedule HI Memoranda
     Assets and Liabilities; Schedule HC–P,                   and lease losses attributable to retail
                                                                                                                    item 17, other-than-temporary
     1–4 Family Residential Mortgage                          credit card fees and finance charges;
                                                                                                                    impairment losses on held-to-maturity
     Banking Activities in Domestic Offices;                  Schedule HI–B, Part II, Memoranda item                and available-for-sale debt securities
     Schedule HC–Q, Assets and Liabilities                    4, allowance for post-acquisition credit              recognized in earnings; Schedule HI–C,
     Measured at Fair Value; Schedule HC–                     losses on purchased credit-impaired                   Part II, items 7 through 11,
     S, Servicing, Securitization, and Asset                  loans; Schedule HC–B, items 4.a.(1)                   disaggregated data on the allowance for
     Sale Activities; and Schedule HC–V,                      through 4.a.(3), residential pass-through             credit losses; Schedule HC–C
     Variable Interest Entities.                              securities; Schedule HC–C, items 4.a                  Memoranda items 1.a.(1) through
        • The $5 billion threshold requires                   and 4.b, commercial and industrial                    1.f.(3)(c), pertaining to loans
     these holding companies to report                        loans; Schedule HC–C, items 9.b.(1)                   restructured in troubled debt
     Schedule HI item 1.e, interest income                    through 9.b.(2), column A and B, loans                restructurings that are in compliance
     from trading assets; Schedule HI item                    for purchasing or carrying securities and             with their modified terms; Schedule
     2.c, interest on trading liabilities and                 all other loans; Schedule HC–C, items                 HC–N Memoranda items 1.a.(1) through
     other borrowed money; Schedule HI                        10.a and 10.b, column A, lease financing              1.d.(2) and 1.e.(3) through 1.f.(3)(c),
     item 2.d, interest on subordinated notes                 receivables; Schedule HC–C Memoranda                  related to loans restructured in troubled
     and debentures and on mandatory                          items 1.e.(1) and 1.e.(2), commercial and             debt restructurings that are in
     convertible securities; Schedule HI item                 industrial loans; Schedule HC–C                       compliance with their modified terms;
     5.c, trading revenue; Schedule HI items                  Memoranda item 3, loans secured by                    Schedule HC–R, Part II, items 1 through
     5.d.(1) through 5.d.(5), related to various              real estate to non-U.S. addressees;                   25, columns A through U, risk-weighted
     fees and commissions on securities                       Schedule HC–C Memoranda item 4,                       assets; Schedule HC–R, Part II
     brokerage investments, investment                        outstanding credit card fees and finance              Memoranda item 1, current credit
     banking, and insurance; Schedule HI                      charges; Schedule HC–C Memoranda                      exposure across all derivative contracts;
     item 5.e, venture capital revenue;                       items 12.a through 12.d, loans and                    Schedule HC–R, Part II Memoranda item
     Schedule HI item 5.g, net securitization                 leases held for investment (not subject               2, columns A, B, and C, notional
     income; Schedule HI Memoranda item                       to the requirements of FASB ASC 310–                  principal amounts of over-the-counter
     1, net interest income on a fully taxable                30) that are acquired in business                     derivative contracts; and Schedule HC–
     equivalent basis; Schedule HI                            combinations with acquisition dates in                R, Part II, Memoranda item 3, columns
     Memoranda item 2, net income before                      the current calendar year; Schedule HC–               A, B, and C, notional principal amounts
     applicable income taxes, and                             K, item 4.a, trading assets; Schedule                 of centrally cleared derivatives
     discontinued operations; Schedule HI                     HC–L item 1.b.(1), unused consumer                    contracts.
     Memoranda items 8.a.(1) through                          credit card lines; Schedule HC–L 1.b.(2),                • The $10 billion threshold requires
     8.b.(2), discontinued operations and                     other unused credit card lines; Schedule              these holding companies to report
     applicable income tax effect; Schedule                   HC–L item 1.d, securities underwriting;               Schedule HI Memoranda items 10.a and
     HI Memoranda items 9.a through 9.e,                      Schedule HC–L items 2.a and 3.a,                      10.b, related to net gains/losses on
     related to trading revenue; Schedule HI                  financial and performance standby                     credit derivatives; Schedule HC–B
     Memoranda item 11, credit losses on                      letters of credit conveyed to others;                 Memoranda items 5.a through 5.f,
     derivatives; Schedule HI Memoranda                       Schedule HC–L items 7.a through                       related to asset-backed securities;
     items 12.a through 12.c, detail                          7.d.(2)(b), related to credit derivatives;            Schedule HC–B Memoranda items 6.a
     pertaining to income from the sale and                   Schedule HC–L items 11.a through                      through 6.g, related to structured
     servicing of mutual funds and annuities                  14.b.(2), pertaining to derivatives                   financial products by underlying
     (in domestic offices); Schedule HI                       positions; Schedule HC–M items                        collateral or reference assets; Schedule
     Memoranda items 14.a. through 14.b.(1),                  6.a.(1)(a)(1) through 6.d, pertaining to              HC–L item 15, pertaining to the
     related to net gains (losses) recognized                 assets covered by loss-sharing                        additional information on over-the-


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     77358            Federal Register / Vol. 85, No. 232 / Wednesday, December 2, 2020 / Rules and Regulations

     counter derivatives; and Schedule HC–                    regulations that impose additional                       • Are the requirements in the interim
     S items 6 and 10, and Schedule HC–S                      reporting, disclosure, or other                       final rule clearly stated? If not, how
     Memoranda item 3, related to                             requirements on insured depository                    could the interim final rule be more
     securitization activity. Holding                         institutions, each federal banking                    clearly stated?
     companies that cross the $10 billion                     agency must consider, consistent with                    • Does the interim final rule contain
     threshold would be ineligible to opt-in                  principles of safety and soundness and                technical language or jargon that is not
     into the community bank leverage ratio                   the public interest, any administrative               clear? If so, which language requires
     framework and would be required to file                  burdens that regulations would place on               clarification?
     the additional Schedule HC–R, Part I                     depository institutions, including small                 • Would a different format (grouping
     and HC–R, Part II line items.                            depository institutions, and customers                and order of sections, use of headings,
        The Board has determined that the                     of depository institutions, as well as the            paragraphing) make the interim final
     temporary revisions to these collections                 benefits of such regulations.                         rule easier to understand? If so, what
     of information must be instituted                           In addition, section 302(b) of RCDRIA              changes would achieve that?
     quickly and that public participation in                 requires new regulations and                             • Is this section format adequate? If
     the approval process would defeat the                    amendments to regulations that impose                 not, which of the sections should be
     purpose of the collections. Delaying the                 additional reporting, disclosures, or                 changed and how?
     revisions would cause public harm if                     other new requirements on insured                        • What other changes can the
     firms were adversely affected due to                     depository institutions generally to take             agencies incorporate to make the
     participating in the PPP or had to bear                  effect on the first day of a calendar                 interim final rule easier to understand?
     temporary compliance costs.                              quarter that begins on or after the date              List of Subjects
        In addition, the Board proposes to                    on which the regulations are published
     extend the collections of information for                in final form.37 The agencies have                    12 CFR Part 3
     three years with the revisions discussed                 determined that the final rule would not                Administrative practice and
     above.                                                   impose additional reporting, disclosure,              procedure, Capital, Federal savings
                                                              or other requirements; therefore, the                 associations, National banks, Risk.
     D. Regulatory Flexibility Act
                                                              requirements of the RCDRIA do not                     12 CFR Part 4
        The Regulatory Flexibility Act                        apply.
     (RFA) 34 requires an agency to consider                                                                          Administrative practice and
     whether the rules it proposes will have                  F. Unfunded Mandates Reform Act of                    procedure, Freedom of information,
     a significant economic impact on a                       1995                                                  Individuals with disabilities, Minority
     substantial number of small entities.35                     As a general matter, the Unfunded                  businesses, Organization and functions
     The RFA applies only to rules for which                  Mandates Reform Act of 1995 (UMRA),                   (Government agencies), Reporting and
     an agency publishes a general notice of                  2 U.S.C. 1531 et seq., requires the                   recordkeeping requirements, Women.
     proposed rulemaking pursuant to 5                        preparation of a budgetary impact                     12 CFR Part 52
     U.S.C. 553(b). As discussed previously,                  statement before promulgating a rule
     consistent with section 553(b)(B) of the                 that includes a Federal mandate that                    Banks, Banking, Reporting and
     APA, the agencies have determined for                    may result in the expenditure by State,               recordkeeping requirements.
     good cause that general notice and                       local, and tribal governments, in the                 12 CFR Part 208
     opportunity for public comment is                        aggregate, or by the private sector, of                 Accounting, Agriculture Banks,
     unnecessary, and therefore the agencies                  $100 million or more in any one year.                 Banking, Confidential business
     are not issuing a notice of proposed                     However, the UMRA does not apply to                   information, Consumer protection,
     rulemaking. Accordingly, the agencies                    final rules for which a general notice of             Crime Currency, Federal Reserve
     have concluded that the RFA’s                            proposed rulemaking was not                           System, Flood insurance, Insurance,
     requirements relating to initial and final               published. See 2 U.S.C. 1532(a).                      Investments, Mortgages, Reporting and
     regulatory flexibility analysis do not                   Therefore, because the OCC has found                  recordkeeping requirements, Securities.
     apply.                                                   good cause to dispense with notice and
        Nevertheless, the agencies seek                       comment for this interim final rule, the              12 CFR Part 211
     comment on whether, and the extent to                    OCC has not prepared an economic                        Exports, Federal Reserve System,
     which, the interim final rule would                      analysis of the rule under the UMRA.                  Foreign banking, Holding companies,
     affect a significant number of small                                                                           Investments.
     entities.                                                G. Use of Plain Language
                                                                Section 722 of the Gramm-Leach-                     12 CFR Part 212
     E. Riegle Community Development and
                                                              Bliley Act 38 requires the Federal                      Antitrust, Banks, Banking, Holding
     Regulatory Improvement Act of 1994
                                                              banking agencies to use plain language                companies.
       Pursuant to section 302(a) of the                      in all proposed and final rules
     Riegle Community Development and                                                                               12 CFR Part 217
                                                              published after January 1, 2000. In light
     Regulatory Improvement Act of 1994                       of this requirement, the agencies have                  Administrative practice and
     (RCDRIA) 36 requires that each Federal                   sought to present the interim final rule              procedure, Banks, Banking, Federal
     banking agency, in determining the                       in a simple and straightforward manner                Reserve System, Holding companies,
     effective date and administrative                        and invite comment on the use of plain                Investments, National banks, Reporting
     compliance requirements for new                          language. For example:                                and recordkeeping requirements,
                                                                • Is the material organized to suit                 Securities.
       34 5 U.S.C. 601 et seq.
                                                              your needs? If not, how could the                     12 CFR Part 225
       35 Under regulations issued by the Small Business
                                                              agencies present the interim final rule
     Administration, a small entity includes a depository
                                                              more clearly?                                           Administrative practice and
     institution, bank holding company, or savings and                                                              procedure, Banks, Banking, Capital
     loan holding company with total assets of $600
     million or less and trust companies with total assets      37 12 U.S.C. 4802.                                  planning, Holding companies, Reporting
     of $41.5 million or less. See 13 CFR 121.201.              38 Public Law 106–102, 113 Stat. 1338, 1471, 12     and recordkeeping requirements,
       36 12 U.S.C. 4802(a).                                  U.S.C. 4809.                                          Securities, Stress testing.


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                      Federal Register / Vol. 85, No. 232 / Wednesday, December 2, 2020 / Rules and Regulations                                           77359

     12 CFR Part 235                                          (a)(4)(ii) of this section, the total                 1464 1817(a), 1818, 1820, 1821, 1831m,
        Accounting, Banks, Banking.                           consolidated assets of a national bank or             1831p–1, 1831o, 1833e, 1867, 1951 et
                                                              Federal savings association for purposes              seq., 2601 et seq., 2801 et seq., 2901 et
     12 CFR Part 238                                          of paragraph (a)(2)(ii) of this section               seq., 3101 et seq., 3401 et seq., 5321,
       Administrative practice and                            shall be the lesser of:                               5412, 5414; 15 U.S.C. 77uu(b), 78q(c)(3);
     procedure, Banks, Banking, Federal                          (A) The total consolidated assets                  18 U.S.C. 641, 1905, 1906; 29 U.S.C.
     Reserve System, Reporting and                            reported by the national bank or Federal              1204; 31 U.S.C. 5318(g)(2), 9701; 42
     recordkeeping requirements, Securities.                  savings association in its Call Report as             U.S.C. 3601; 44 U.S.C. 3506, 3510; E.O.
                                                              of December 31, 2019; and                             12600 (3 CFR, 1987 Comp., p. 235).
     12 CFR Part 304                                             (B) The total consolidated assets of
                                                                                                                    ■ 4. Section 4.6 is amended by adding
       Bank deposit insurance, Banks,                         the national bank or Federal savings
                                                              association calculated in accordance                  paragraph (d) to read as follows:
     Banking, Freedom of information,
     Reporting and recordkeeping                              with the reporting instructions to the                § 4.6 Frequency of examination of national
     requirements.                                            Call Report as of the end of the most                 banks and Federal savings associations.
                                                              recent calendar quarter.                              *     *     *     *     *
     12 CFR Part 324                                             (ii) Reservation of authority. The
                                                              temporary relief provided under                         (d) Through December 31, 2021, for
       Administrative practice and                                                                                  purposes of determining eligibility for
     procedure, Banks, Banking, Capital,                      paragraph (a)(4)(i) of this section does
                                                              not apply to a national bank or Federal               the 18-month rule described in
     Capital adequacy, Reporting and                                                                                paragraph (b) of this section, the OCC
     recordkeeping requirements, State non-                   savings association if the OCC
                                                              determines that permitting the                        may determine the total assets of a
     member banks, Savings associations.                                                                            national bank or Federal savings
                                                              institution to determine its assets in
     12 CFR Part 337                                          accordance with that paragraph would                  association by reference to the total
                                                              not be commensurate with the risk                     assets of the national bank or Federal
       Banks, Banking, Reporting and
                                                              posed by the institution. When making                 savings association as reported by the
     recordkeeping requirements, Savings
                                                              this determination, the OCC will                      national bank or Federal savings
     associations.
                                                              consider all relevant factors, including              association in its Call Report as of
     12 CFR Part 347                                          the extent of asset growth of the national            December 31, 2019.
       Authority delegations (Government                      bank or Federal savings association                   ■ 5. Section 4.7 is amended by adding
     agencies), Bank deposit insurance,                       since December 31, 2019; the causes of                paragraph (d) to read as follows:
     Banks, Banking, Credit, Foreign                          this growth, including whether this
     banking, Investments, Reporting and                                                                            § 4.7 Frequency of examination of Federal
                                                              growth occurred as a result of a merger
                                                                                                                    agencies and branches.
     recordkeeping requirements, U.S.                         or acquisition; whether such growth is
     investments abroad.                                      likely to be temporary or permanent;                  *     *     *     *     *
                                                              whether the national bank or Federal                    (d) Through December 31, 2021, for
     12 CFR Part 348                                                                                                purposes of determining eligibility for
                                                              savings association has become
       Antitrust, Banks, Banking, Holding                     involved in any additional activities                 the 18-month rule described in
     companies, Savings associations.                         since December 31, 2019; and the type                 paragraph (b) of this section, the OCC
                                                              of assets held by the national bank or                may determine total assets of a Federal
     DEPARTMENT OF THE TREASURY
                                                              Federal savings association. The OCC                  branch or agency by reference to the
     Office of the Comptroller of the                         will notify a national bank or Federal                total assets of the Federal branch or
     Currency                                                 savings association of a determination                agency as reported by the Federal
     12 CFR Chapter I                                         under this paragraph. A national bank                 branch or agency as of December 31,
                                                              or Federal savings association may, not               2019.
     Authority and Issuance
                                                              later than 30 days after the date of a
       For the reasons stated in the joint                    determination by the OCC, inform the                  PART 52—REGULATORY REPORTING
     preamble, the Office of the Comptroller                  OCC, in writing, of why the national
     of the Currency amends chapter I of                      bank or Federal savings association                   ■ 6. The authority citation for part 52
     Title 12 of the Code of Federal                          should be eligible for the temporary                  continues to read as follows:
     Regulations as follows:                                  relief. The OCC will make a final                       Authority: 12 U.S.C. 93a, 161, 1463(a),
                                                              determination after reviewing any                     1464(v), and 1817(a)(12).
     PART 3—CAPITAL ADEQUACY                                  response.
     STANDARDS                                                                                                      ■ 7. Add § 52.5 to read as follows:
                                                              *       *     *     *     *
     ■ 1. The authority citation for part 3
                                                                                                                    § 52.5   Temporary relief.
                                                              PART 4—ORGANIZATION AND
     continues to read as follows:                                                                                    In determining whether it meets the
                                                              FUNCTIONS, AVAILABILITY AND
       Authority: 12 U.S.C. 93a, 161, 1462,                                                                         asset threshold in paragraph (1) of the
                                                              RELEASE OF INFORMATION,
     1462a, 1463, 1464, 1818, 1828(n), 1828 note,                                                                   definition of ‘‘covered depository
                                                              CONTRACTING OUTREACH
     1831n note, 1835, 3907, 3909, 5412(b)(2)(B),                                                                   institution’’ in § 52.5 of this part, for
                                                              PROGRAM, POST-EMPLOYMENT
     and Pub. L. 116–136, 134 Stat. 281.                                                                            purposes of a report required to be
                                                              RESTRICTIONS FOR SENIOR
     ■ 2. Section 3.12 is amended by adding
                                                                                                                    submitted for calendar year 2021, a
                                                              EXAMINERS
     paragraph (a)(4) to read as follows:                                                                           national bank, Federal savings
                                                              SUBPART A—Organization and                            association, or insured Federal branch
     § 3.12 Community bank leverage ratio                     Functions                                             may refer to the lesser of its total
     framework.                                                                                                     consolidated assets as reported in its
       (a) * * *                                              ■ 3. The authority citation for part 4                report of condition as of December 31,
       (4)(i) Temporary relief. From                          continues to read as follows: Authority:              2019, and its total consolidated assets as
     December 2, 2020 through December 31,                    5 U.S.C. 301, 552; 12 U.S.C. 1, 93a, 161,             reported in its report of condition for
     2021, except as provided in paragraph                    481, 482, 484(a), 1442, 1462a, 1463,                  the second calendar quarter of 2020.


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     77360            Federal Register / Vol. 85, No. 232 / Wednesday, December 2, 2020 / Rules and Regulations

     Board of Governors of the Federal                        of any parent companies; and the type                 Board determines that permitting the
     Reserve System                                           of assets held by the member bank. In                 state member bank to determine its
     12 CFR Chapter I                                         making a determination pursuant to this               assets in accordance with that paragraph
                                                              paragraph (b)(3), the Board will apply                would not be commensurate with the
     Authority and Issuance                                   notice and response procedures in the                 risk profile of the state member bank.
       For the reasons stated in the joint                    same manner and to the same extent as                 When making this determination, the
     preamble, chapter II of title 12 of the                  the notice and response procedures in                 Board will consider all relevant factors,
     Code of Federal Regulations is amended                   12 CFR 263.202.                                       including the extent of asset growth of
     as follows:                                              *     *     *    *     *                              the state member bank since December
                                                                                                                    31, 2019; the causes of such growth,
     PART 208—MEMBERSHIP OF STATE                             Subpart D—Miscellaneous                               including whether growth occurred as a
     BANKING INSTITUTIONS IN THE                              Requirements                                          result of mergers or acquisitions;
     FEDERAL RESERVE SYSTEM                                                                                         whether such growth is likely to be
     (REGULATION H)                                           ■ 10. Amend § 208.64 by adding                        temporary or permanent; whether the
                                                              paragraph (d) to read as follows:                     state member bank has become involved
     ■ 8. The authority citation for part 208                                                                       in any additional activities since
     continues to read as follows:                            § 208.64    Frequency of examination.
                                                                                                                    December 31, 2019; the asset size of any
                                                              *       *    *     *     *                            parent companies; and the type of assets
       Authority: 12 U.S.C. 24, 36, 92a, 93a,
     248(a), 248(c), 321–338a, 371d, 461, 481–486,               (d)(1) Except as provided in paragraph             held by the state member bank. In
     601, 611, 1814, 1816, 1817(a)(3), 1817(a)(12),           (c) of this section, from December 2,                 making a determination pursuant to this
     1818, 1820(d)(9), 1833(j), 1828(o), 1831,                2020, through December 31, 2021, for                  paragraph (1), the Board will apply
     1831o, 1831p-1, 1831r-1, 1831w, 1831x,                   purposes of determining eligibility for               notice and response procedures in the
     1835a, 1882, 2901–2907, 3105, 3310, 3331–                the extended examination cycle                        same manner and to the same extent as
     3351, 3905–3909, 5371, and 5371 note; 15                 described in paragraph (b) of this
     U.S.C. 78b, 78I(b), 78l(i), 780–4(c)(5), 78q,                                                                  the notice and response procedures in
                                                              section, the total assets of a member                 12 CFR 263.202.
     78q-1, 78w, 1681s, 1681w, 6801, and 6805;                bank shall be determined based on the
     31 U.S.C. 5318; 42 U.S.C. 4012a, 4104a,                                                                           (2) Has no foreign offices, as defined
                                                              lesser of:                                            in this section;
     4104b, 4106, and 4128.
                                                                 (i) The assets of the member bank as                  (3) Is not required to or has not
     Subpart C—Bank Securities and                            of December 31, 2019; and                             elected to use 12 CFR part 217, subpart
     Securities-Related Activities                               (ii) The assets of the member bank as              E, to calculate its risk-based capital
                                                              of the end of the most recent calendar                requirements; and
     ■ 9. Amend § 208.36 by adding                            quarter.                                                 (4) Is not a large institution or highly
     paragraph (b)(3) to read as follows:                        (2) Nothing in paragraph (d)(1) of this            complex institution, as such terms are
                                                              section limits the authority of the                   defined in 12 CFR 327.8, or treated as
     § 208.37 Reporting requirements for State                Federal Reserve to examine any member
     member banks subject to the Securities                                                                         a large institution, as requested under
     Exchange Act of 1934.
                                                              bank as frequently as the agency deems                12 CFR 327.16(f).
                                                              necessary pursuant to paragraph (c) of
     *      *     *     *    *                                this section.                                         *      *     *      *     *
        (b) * * *
        (3) Notwithstanding paragraph (b)(1)                  *       *    *     *     *                            PART 211—INTERNATIONAL
     of this section, a member bank may,                                                                            BANKING OPERATIONS
                                                              Subpart K—Forms, Instructions and                     (REGULATION K)
     from December 2, 2020, through                           Reports
     December 31, 2021, make the election
     described in paragraph (b)(1) of this                                                                          ■ 12. The authority citation for part 211
                                                              ■ 11. Amend § 208.121 by revising the
     section if it has no foreign offices and                                                                       continues to read as follows:
                                                              definition of ‘‘Covered depository
     had total assets of $150 million or less,                institution’’ to read as follows:                       Authority: 12 U.S.C. 221 et seq., 1818,
     determined based on the lesser of total                                                                        1835a, 1841 et seq., 3101 et seq., 3901 et seq.,
     assets as of December 31, 2019, and total                § 208.121    Definitions.                             and 5101 et seq.; 15 U.S.C. 1681s, 1681w,
     assets as of the end of the bank’s most                  *      *    *     *     *                             6801 and 6805.
     recent fiscal year. The relief provided                     Covered depository institution means
                                                                                                                    Subpart B—Foreign Banking
     under this paragraph (b)(3) of this                      a state member bank that meets all of
                                                                                                                    Organizations
     section does not apply to a member                       the following criteria:
     bank if the Board determines that                           (1) Has less than $5 billion in total              ■ 13. Amend § 211.26 by adding
     permitting the member bank to                            consolidated assets as reported in its                paragraph (c)(2)(iii) to read as follows:
     determine its assets in accordance with                  report of condition for the second
     that paragraph would not be                              calendar quarter of the preceding year,               § 211.26 Examination of offices and
     commensurate with the risk profile of                    except that, during the calendar year                 affiliates of foreign banks.
     the member bank. When making this                        2021, a state member bank shall                       *       *    *    *     *
     determination, the Board will consider                   determine whether it meets the                           (c) * * *
     all relevant factors, including the extent               requirement in paragraph (1) of this                     (2) * * *
     of asset growth of the member bank                       section by using the lesser of its total                 (iii)(A) Except as provided in
     since December 31, 2019; the causes of                   consolidated assets as reported in its                paragraph (c)(2)(iii)(B) of this section,
     such growth, including whether growth                    report of condition as of December 31,                from December 2, 2020 through
     occurred as a result of mergers or                       2019, and its total consolidated assets as            December 31, 2021, for purposes of
     acquisitions; whether such growth is                     reported in its report of condition for               determining eligibility for the extended
     likely to be temporary or permanent;                     the second calendar quarter of 2020.                  examination cycle described in
     whether the member bank has become                       The relief provided under this                        paragraph (c)(2) of this section, the total
     involved in any additional activities                    paragraph (1) of this section does not                assets of a branch or agency shall be
     since December 31, 2019; the asset size                  apply to a state member bank if the                   determined based on the lesser of:


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                      Federal Register / Vol. 85, No. 232 / Wednesday, December 2, 2020 / Rules and Regulations                                          77361

        (1) The total assets of the branch or                 commensurate with the risk profile of                 of the end of the most recent calendar
     agency as of December 31, 2019; and                      the depository organization. When                     quarter.
        (2) The total assets of the branch or                 making this determination, the Board                     (ii) The relief provided under this
     agency as of the end of the most recent                  will consider all relevant factors,                   paragraph (a)(4)(i) does not apply to a
     calendar quarter.                                        including the extent of asset growth of               Board-regulated institution if the Board
        (B) The relief provided under                         the depository organization since                     determines that permitting the Board-
     paragraph (c)(2)(iii)(A) of this section                 December 31, 2019; the causes of such                 regulated institution to determine its
     does not apply to a branch or agency if                  growth, including whether growth                      assets in accordance with that paragraph
     the Board determines that permitting                     occurred as a result of mergers or                    would not be commensurate with the
     the branch or agency to determine its                    acquisitions; whether such growth is                  risk profile of the Board-regulated
     assets in accordance with that paragraph                 likely to be temporary or permanent;                  institution. When making this
     would not be commensurate with the                       whether the depository organization has               determination, the Board will consider
     risk profile of the branch or agency.                    become involved in any additional                     all relevant factors, including the extent
     When making this determination, the                      activities since December 31, 2019; the               of asset growth of the Board-regulated
     Board will consider all relevant factors,                asset size of any parent companies; and               institution since December 31, 2019; the
     including the extent of asset growth of                  the type of assets held by the depository             causes of such growth, including
     the branch or agency since December                      organization. In making a determination               whether growth occurred as a result of
     31, 2019; the causes of such growth,                     pursuant to this paragraph (o)(3)(ii), the            mergers or acquisitions; whether such
     including whether growth occurred as a                   Board will apply notice and response                  growth is likely to be temporary or
     result of mergers or acquisitions;                       procedures in the same manner and to                  permanent; whether the Board-regulated
     whether such growth is likely to be                      the same extent as the notice and                     institution has become involved in any
     temporary or permanent; whether the                      response procedures in 12 CFR 263.202.                additional activities since December 31,
     branch or agency has become involved                     *     *      *    *    *                              2019; the asset size of any parent
     in any additional activities since                                                                             companies; and the type of assets held
     December 31, 2019; the asset size of any                 PART 217—CAPITAL ADEQUACY OF                          by the Board-regulated institution. In
     parent companies; and the type of assets                 BANK HOLDING COMPANIES,                               making a determination pursuant to this
     held by the branch or agency. In making                  SAVINGS AND LOAN HOLDING                              paragraph (a)(4)(ii), the Board will apply
     a determination pursuant to this                         COMPANIES, AND STATE MEMBER                           notice and response procedures in the
     paragraph (c)(2)(iii)(B), the Board will                 BANKS (REGULATION Q)                                  same manner and to the same extent as
     apply notice and response procedures in                                                                        the notice and response procedures in
     the same manner and to the same extent                   ■ 16. The authority citation for part 217             12 CFR 263.202.
     as the notice and response procedures                    continues to read as follows:                         *       *    *     *     *
     in 12 CFR 263.202.                                         Authority: 12 U.S.C. 248(a), 321–338a,
     *      *    *      *     *                               481–486, 1462a, 1467a, 1818, 1828, 1831n,             PART 225—BANK HOLDING
                                                              1831o, 1831p–1, 1831w, 1835, 1844(b), 1851,           COMPANIES AND CHANGE IN BANK
     PART 212—MANAGEMENT OFFICIAL                             3904, 3906–3909, 4808, 5365, 5368, 5371,              CONTROL (REGULATION Y)
     INTERLOCKS                                               5371 note, and sec. 4012, Pub. L. 116–136,
                                                              134 Stat. 281.                                        ■ 18. The authority citation for part 225
     ■ 14. The authority citation for part 212                                                                      continues to read as follows:
     continues to read as follows:                            Subpart B—Capital Ratio
                                                              Requirements and Buffers                                Authority: 12 U.S.C. 1817(j)(13), 1818,
       Authority: 12 U.S.C. 3201–3208; 15 U.S.C.                                                                    1828(o), 1831i, 1831p–1, 1843(c)(8), 1844(b),
     19.                                                      ■ 17. Amend § 217.12 by adding                        1972(1), 3106, 3108, 3310, 3331–3351, 3906,
                                                              paragraph (a)(4) to read as follows:                  3907, and 3909; 15 U.S.C. 1681s, 1681w,
     ■ 15. Amend § 212.2 by adding
                                                                                                                    6801 and 6805.
     paragraph (o)(3) to read as follows:
                                                              § 217.12 Community bank leverage ratio
     § 212.2   Definitions.                                   framework.                                            Subpart A—General Provisions
     *      *     *     *     *                                  (a) * * *                                          ■ 19. Add § 225.10 to subpart A to read
       (o) * * *                                                 (4) Temporary relief for 2020 and                  as follows:
       (3)(i) Notwithstanding paragraph                       2021. (i) Except as provided in
     (o)(1) of this section, and except as                    paragraph (a)(4)(ii) of this section, from            § 225.10   Temporary relief for 2020 and
     provided in paragraph (o)(3)(ii) of this                 December 2, 2020, through December                    2021.
     section, from December 2, 2020, through                  31, 2021, for purposes of determining                    (a) Except as provided in paragraph
     December 31, 2021, the term total                        whether a Board-regulated institution                 (c) of this section and subject to the
     assets, with respect to a depository                     satisfies the criterion in paragraph                  provisions of paragraph (d) of this
     organization, means the lesser of assets                 (a)(2)(ii) of this section, the total                 section, from December 2, 2020, through
     of the depository organization reported                  consolidated assets of a Board-regulated              December 31, 2021, the consolidated
     on a consolidated basis as of December                   institution for purposes of paragraph                 assets, consolidated risk-weighted
     31, 2019, and assets reported as of the                  (a)(2)(ii) of this section shall be                   assets, total consolidated assets, and
     end of the depository organization’s                     determined based on the lesser of:                    total assets of a bank holding company
     most recent fiscal year on a consolidated                   (A) The total consolidated assets                  for purposes of §§ 225.4(b)(2)(iii)(A) and
     basis as of December 31, 2020.                           reported by the institution in the Call               (B), 225.14(a)(1)(v)(A)(1) and (2),
       (ii) The relief provided under                         Report, FR Y–9C, or FR Y–9SP, as                      225.14(a)(1)(vi), 225.23(a)(1)(iii)(A)(1)
     paragraph (o)(3)(i) of this section does                 applicable, as of December 31, 2019;                  and (2), 225.24(a)(2)(iv) and (v), and
     not apply to a depository organization if                and                                                   225.28(b)(11)(vi) shall be determined
     the Board determines that permitting                        (B) The total consolidated assets                  based on the lesser of each such amount
     the depository organization to                           calculated in accordance with the                     as of December 31, 2019, and as of the
     determine its assets in accordance with                  reporting instructions to the Call Report             otherwise applicable asset measurement
     that paragraph would not be                              or to Form FR Y–9C, as applicable, as                 date of the relevant paragraph.


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     77362            Federal Register / Vol. 85, No. 232 / Wednesday, December 2, 2020 / Rules and Regulations

        (b) Except as provided in paragraph                   upon expiration of the relief provided                5365; 1813, 1817, 1829e, 1831i, 1972, 15
     (c) of this section and subject to the                   by this section.                                      U.S.C. 78l.
     provisions of paragraph (d) of this
     section, from December 2, 2020, through                  PART 235—DEBIT CARD                                   Subpart A—General Provisions
     December 31, 2021, for purposes of                       INTERCHANGE FEES AND ROUTING
     determining the applicability of                         (REGULATION II)                                       ■ 24. Amend § 238.5 by revising
     §§ 224.14(c)(6)(ii), 225.17(a)(6), and                                                                         paragraph (b) to read as follows:
                                                              ■ 20. The authority citation for part 235
     225.23(c)(5)(ii) of this part and appendix                                                                     § 238.5 Audit of savings association
                                                              continues to read as follows:
     C to this part, the pro forma                                                                                  holding companies.
     consolidated assets of a bank holding                        Authority: 15 U.S.C. 1693o–2.
                                                                                                                    *       *    *     *     *
     company and the consolidated risk-                       ■ 21. The heading for part 235 is revised
     weighted assets of a bank holding                        to read as set forth above.                              (b) Audits required for safety and
     company immediately following                            ■ 22. Amend § 235.5 by adding
                                                                                                                    soundness purposes. (1) The Board
     consummation of a transaction each                       paragraph (a)(4) to read as follows:                  requires an independent audit for safety
     shall be calculated as the lesser of:                                                                          and soundness purposes if, as of the
        (1) Such amount calculated as the                     § 235.5   Exemptions.                                 beginning of its fiscal year, a savings
     sum of the assets of each company                        *       *     *     *     *                           and loan holding company controls
     involved in the proposed business                           (a) * * *                                          savings association subsidiary(ies) with
     combination, as well as any company                         (4)(i) Temporary relief for 2020 and               aggregate consolidated assets of $500
     with which any such company has                          2021. Except as provided in paragraph                 million or more.
     combined since December 31, 2019, as                     (a)(4)(ii) of this section, for purposes of              (2) Except as provided in paragraph
     of December 31, 2019; and                                determining eligibility for the                       (b)(3) of this section, with regard to a
        (2) Such amount calculated as the                     exemption for small issuers described in              savings and loan holding company’s
     sum of the assets of each company                        paragraph (a)(1) of this section, issuer              fiscal year beginning in the calendar
     involved in the proposed business                        asset size that is calculated as of the end           years 2020 or 2021, the applicability of
     combination as of the end of the most                    of the calendar year 2020 shall be                    the requirement in paragraph (b)(1) of
     recent calendar quarter.                                 determined based on the lesser of:                    this section shall be determined based
                                                                 (A) The assets of the issuer, together
        (c) The relief provided under                                                                               on the lesser of:
                                                              with its affiliates, as of the end of the
     paragraphs (a) and (b) of this section                   calendar year 2019; and                                  (i) The aggregate consolidated assets
     does not apply to a bank holding                            (B) The assets of the issuer, together             of the savings and loan holding
     company if the Board determines that                     with its affiliates, as of the end of the             company as of December 31, 2019; and
     permitting the bank holding company to                   calendar year 2020.                                      (ii) The aggregate consolidated assets
     determine its assets in accordance with                     (ii) The relief provided under this                of the savings and loan holding
     that paragraph would not be                              paragraph (a)(4) does not apply to an                 company as of the end of its fiscal year
     commensurate with the risk profile of                    issuer if the Board determines that                   ending in calendar year 2020.
     the bank holding company. When                           permitting the issuer to determine its
     making this determination, the Board                     assets in accordance with that paragraph                 (3) The relief provided under
     will consider all relevant factors,                      would not be commensurate with the                    paragraph (b)(2) of this section does not
     including the extent of asset growth of                  asset profile of the issuer. When making              apply to a savings and loan holding
     the bank holding company since                           this determination, the Board will                    company if the Board determines that
     December 31, 2019; the causes of such                    consider all relevant factors, including              permitting the savings and loan holding
     growth, including whether growth                         the extent of asset growth of the issuer              company to determine its assets in
     occurred as a result of mergers or                       since December 31, 2019; the causes of                accordance with that paragraph would
     acquisitions; whether such growth is                     such growth, including whether growth                 not be commensurate with the risk
     likely to be temporary or permanent;                     occurred as a result of mergers or                    profile of the savings and loan holding
     whether the bank holding company has                     acquisitions; whether such growth is                  company. When making this
     become involved in any additional                        likely to be temporary or permanent;                  determination, the Board will consider
     activities since December 31, 2019; the                  whether the issuer has become involved                all relevant factors, including the extent
     asset size of any parent companies; and                  in any additional activities since                    of asset growth of the savings and loan
     the type of assets held by the bank                      December 31, 2019; the asset size of any              holding company since December 31,
     holding company. In making a                             parent companies; and the type of assets              2019; the causes of such growth,
     determination pursuant to this section,                  held by the issuer. In making a                       including whether growth occurred as a
     the Board will apply notice and                          determination pursuant to this                        result of mergers or acquisitions;
     response procedures in the same                          paragraph (a)(4)(ii), the Board will apply            whether such growth is likely to be
     manner and to the same extent as the                     notice and response procedures in the                 temporary or permanent; whether the
     notice and response procedures in 12                     same manner and to the same extent as                 savings and loan holding company has
     CFR 263.202.                                             the notice and response procedures in                 become involved in any additional
        (d) Nothing in this section limits the                12 CFR 263.202.                                       activities since December 31, 2019; the
     discretion of the Board or its delegatee                                                                       asset size of any parent companies; and
                                                              *       *     *     *     *
     to disallow the use of any expedited                                                                           the type of assets held by the savings
     action process, require the submission                   PART 238—SAVINGS AND LOAN                             and loan holding company. In making a
     of additional information in connection                  HOLDING COMPANIES (REGULATION                         determination pursuant to this
     with a notice or application, or consider                LL)                                                   paragraph (b)(3), the Board will apply
     the ability of a bank holding company                                                                          notice and response procedures in the
     filing a notice or application under this                ■ 23. The authority citation for part 238             same manner and to the same extent as
     part to comply with any statutory or                     continues to read as follows:                         the notice and response procedures in
     regulatory requirements that may be                        Authority: 5 U.S.C. 552, 559; 12 U.S.C.             12 CFR 263.202.
     applicable to the bank holding company                   1462, 1462a, 1463, 1464, 1467, 1467a, 1468,           *       *    *     *     *


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                      Federal Register / Vol. 85, No. 232 / Wednesday, December 2, 2020 / Rules and Regulations                                         77363

     Subpart F—Savings and Loan Holding                       of this section, from December 2, 2020,               required to be submitted for calendar
     Company Activities and Acquisitions                      through December 31, 2021, for                        year 2021, an insured depository
                                                              purposes of this subpart J, the term total            institution may refer to the lesser of its
     ■ 25. Amend § 238.53 by adding                           assets, with respect to a depository                  total consolidated assets as reported in
     paragraph (c)(3) to read as follows:                     organization, means the lesser of assets              its report of condition as of December
     § 238.53 Prescribed services and activities
                                                              of the depository organization reported               31, 2019, and its total consolidated
     of savings and loan holding companies.                   on a consolidated basis as of December                assets as reported in its report of
                                                              31, 2019, and assets reported on a                    condition for the second calendar
     *       *     *     *     *
                                                              consolidated basis as of the end of the               quarter of 2020.
        (c) * * *
        (3)(i) Except as provided in paragraph                most recent fiscal year. The relief
                                                              provided under this paragraph (p)(3)                  PART 324—CAPITAL ADEQUACY OF
     (c)(3)(ii) of this section, from December
                                                              does not apply to a depository                        FDIC-SUPERVISED INSTITUTIONS
     2, 2020, until December 31, 2021, the
     determination of whether a savings and                   organization if the Board determines
                                                              that permitting the depository                        ■ 29. The authority citation for part 324
     loan holding company must comply                                                                               is revised to read as follows:
     with the filing requirements in                          organization to determine its assets in
     paragraph (c)(2)(iii) or (iv) of this                    accordance with that paragraph would                    Authority: 12 U.S.C. 1815(a), 1815(b),
                                                              not be commensurate with the risk                     1816, 1818(a), 1818(b), 1818(c), 1818(t),
     section shall be made based on the
                                                              profile of the depository organization.               1819(Tenth), 1828(c), 1828(d), 1828(i),
     lesser of:                                                                                                     1828(n), 1828(o), 1831o, 1835, 3907, 3909,
        (A) The consolidated assets of the                    When making this determination, the
                                                              Board will consider all relevant factors,             4808; 5371; 5412; Pub. L. 102–233, 105 Stat.
     savings and loan holding company as of                                                                         1761, 1789, 1790 (12 U.S.C. 1831n note); Pub.
     December 31, 2019; and                                   including the extent of asset growth of               L. 102–242, 105 Stat. 2236, 2355, as amended
        (B) The consolidated assets of the                    the depository organization since                     by Pub. L. 103–325, 108 Stat. 2160, 2233 (12
     savings and loan holding company as of                   December 31, 2019; the causes of such                 U.S.C. 1828 note); Pub. L. 102–242, 105 Stat.
     the end of the most recent calendar                      growth, including whether growth                      2236, 2386, as amended by Pub. L. 102–550,
     quarter.                                                 occurred as a result of mergers or                    106 Stat. 3672, 4089 (12 U.S.C. 1828 note);
        (ii) The relief provided under                        acquisitions; whether such growth is                  Pub. L. 111–203, 124 Stat. 1376, 1887 (15
     paragraph (c)(3)(i) of this section does                 likely to be temporary or permanent;                  U.S.C. 78o–7 note), Pub. L. 115–174; section
     not apply to a savings and loan holding                  whether the depository organization has               4014 § 201, Pub. L. 116–136, 134 Stat. 281
                                                              become involved in any additional                     (15 U.S.C. 9052).
     company if the Board determines that
     permitting the savings and loan holding                  activities since December 31, 2019; the               ■ 30. Amend § 324.12 by adding
     company to determine its assets in                       asset size of any parent companies; and               paragraph (a)(4) to read as follows:
     accordance with that paragraph would                     the type of assets held by the depository             § 324.12 Community bank leverage ratio
     not be commensurate with the risk                        organization. In making a determination               framework.
     profile of the savings and loan holding                  pursuant to this paragraph (p)(3), the
                                                                                                                       (a) * * *
     company. When making this                                Board will apply notice and response                     (4)(i) Temporary relief—From
     determination, the Board will consider                   procedures in the same manner and to                  December 2, 2020 through December 31,
     all relevant factors, including the extent               the same extent as the notice and                     2021, for purposes of determining
     of asset growth of the savings and loan                  response procedures in 12 CFR 263.202.                whether an FDIC-supervised institution
     holding company since December 31,                       *     *      *     *   *                              satisfies the criterion in paragraph
     2019; the causes of such growth,                                                                               (a)(2)(ii) of this section, except as
     including whether growth occurred as a                   FEDERAL DEPOSIT INSURANCE
                                                              CORPORATION                                           provided in paragraph (a)(4)(ii) of this
     result of mergers or acquisitions;                                                                             section, the total consolidated assets of
     whether such growth is likely to be                      12 CFR Chapter III                                    an FDIC-supervised institution for
     temporary or permanent; whether the                      Authority and Issuance                                purposes of paragraph (a)(2)(ii) of this
     savings and loan holding company has                                                                           section shall be determined based on
     become involved in any additional                          For the reasons stated in the
                                                              preamble, the Federal Deposit Insurance               the lesser of:
     activities since December 31, 2019; the                                                                           (A) The total consolidated assets
     asset size of any parent companies; and                  Corporation amends chapter III of Title
                                                              12, Code of Federal Regulations as                    reported by the institution in the Call
     the type of assets held by the savings                                                                         Report as of December 31, 2019; and
     and loan holding company. In making a                    follows:
                                                                                                                       (B) The total consolidated assets
     determination pursuant to this                                                                                 calculated in accordance with the
                                                              PART 304—FORMS, INSTRUCTIONS,
     paragraph (c)(3)(ii), the Board will apply                                                                     reporting instructions to the Call Report
                                                              AND REPORTS
     notice and response procedures in the                                                                          as of the end of the most recent calendar
     same manner and to the same extent as                    ■ 27. The authority citation for part 304             quarter.
     the notice and response procedures in                    continues to read as follows:                            (ii) Reservation of authority—The
     12 CFR 263.202.                                                                                                temporary relief provided under this
                                                                Authority: 12 U.S.C. 1464(v), 1817(a), and
     *       *     *     *     *                              1819 Tenth.                                           paragraph (a)(4)(i) of this section does
                                                              ■ 28. Amend § 304.12 by adding
                                                                                                                    not apply to an FDIC-supervised
     Subpart J—Management Official                                                                                  institution if the FDIC determines that
     Interlocks                                               paragraph (a)(6) to read as follows:
                                                                                                                    permitting the FDIC-supervised
     ■ 26. Amend § 238.92 by adding
                                                              § 304.12    Definitions.                              institution to determine its assets in
     paragraph (p)(3) to read as follows:                       (a) * * *                                           accordance with that paragraph would
                                                                (6) In determining whether an insured               not be commensurate with the risk
     § 238.92   Definitions.                                  depository institution meets the asset                posed by the institution. When making
     *     *    *    *     *                                  threshold in paragraph (1) of the                     this determination, the FDIC will
       (p) * * *                                              definition of ‘‘covered depository                    consider all relevant factors, including
       (3) Temporary relief for 2020 and                      institution’’ in paragraph (a)(1) of this             the extent of asset growth of the FDIC-
     2021. Notwithstanding paragraph (p)(1)                   section, for purposes of a report                     supervised institution since December


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     77364            Federal Register / Vol. 85, No. 232 / Wednesday, December 2, 2020 / Rules and Regulations

     31, 2019; the causes of such growth,                     paragraph (b) of this section, the total                By order of the Board of Directors.
     including whether growth occurred as a                   assets of an insured branch shall be                    Dated at Washington, DC, on or about
     result of mergers or acquisitions;                       determined based on the lesser of:                    November 17, 2020.
     whether such growth is likely to be                        (1) The assets of the insured branch as             James P. Sheesley,
     temporary or permanent; whether the                      of December 31, 2019; and                             Assistant Executive Secretary.
     FDIC-supervised institution has become                     (2) The assets of the insured branch as             [FR Doc. 2020–26138 Filed 12–1–20; 8:45 am]
     involved in any additional activities                    of the end of the most recent calendar                BILLING CODE 6210–01–P
     since December 31, 2019; and the type                    quarter.
     of assets held by the FDIC-supervised
     institution. The FDIC will notify an                     PART 348—MANAGEMENT OFFICIAL
     FDIC-supervised institution of a                         INTERLOCKS
                                                                                                                    FARM CREDIT ADMINISTRATION
     determination under this paragraph. An
                                                              ■ 35. The authority citation for part 348
     FDIC-supervised institution may, not                                                                           12 CFR Part 614
                                                              continues to read as follows:
     later than 30 days after the date of a
     determination by the FDIC, inform the                        Authority: 12 U.S.C. 1823(k), 3207.
                                                                                                                    RIN 3052–AC92
     FDIC, in writing, of why the FDIC-                       ■ 36. Amend § 348.2 by adding
     supervised institution should be eligible                paragraph (q)(3) to read as follows:                  Amortization Limits; Correction
     for the temporary relief. The FDIC will
     make a final determination after                         § 348.2 Other definitions and rules of                AGENCY: Farm Credit Administration.
     reviewing any response.                                  construction.
                                                                                                                    ACTION: Final rule; correction.
     *      *    *    *     *                                 *      *    *      *    *
                                                                (q) * * *                                           SUMMARY: On September 28, 2020, the
     PART 337—UNSAFE AND UNSOUND                                (3)(i) Temporary relief for 2020 and                Farm Credit Administration (FCA)
     BANK PRACTICES                                           2021. Notwithstanding paragraph (q)(1)                published a final rule that repealed the
                                                              of this section, from December 2, 2020,               regulatory requirement that production
     ■ 31. The authority citation for part 337                through December 31, 2021, except as                  credit associations (PCAs) amortize their
     continues to read as follows:                            provided in paragraph (q)(3)(ii) of this              loans in 15 years or less, while requiring
       Authority: 12 U.S.C. 375a(4), 375b, 1463,              section, the term total assets, with                  all Farm Credit System (FCS or System)
     1464, 1468, 1816, 1818(a), 1818(b), 1819,                respect to a depository organization,                 associations to address amortization
     1820(d), 1821(f), 1828(j)(2), 1831, 1831f,               means the lesser of assets of the                     through their credit underwriting
     1831g, 5412.                                             depository organization reported on a                 standards and internal controls. In that
     ■ 32. Amend § 337.12 by adding
                                                              consolidated basis as of December 31,                 publication, FCA inadvertently omitted
     paragraph (d) to read as follows:                        2019, and assets reported on a                        a statement that the Office of
                                                              consolidated basis as of December 31,                 Management and Budget’s Office of
     § 337.12   Frequency of examination.                     2020.                                                 Information and Regulatory Affairs
     *     *     *     *     *                                  (ii) Reservation of authority. The                  determined that the final rule is not a
       (d) From December 2, 2020, through                     temporary relief provided under this                  major rule under the applicable
     December 31, 2021, for purposes of                       paragraph (q)(3)(i) of this section does              provisions of the Congressional Review
     determining eligibility for the extended                 not apply to an FDIC-supervised                       Act. This document corrects that error.
     examination cycle described in                           institution if the FDIC determines that
                                                              permitting the FDIC-supervised                        DATES: This correction is effective
     paragraph (b) of this section, the total
     assets of an institution shall be                        institution to determine its assets in                December 2, 2020.
     determined based on the lesser of:                       accordance with that paragraph would                  FOR FURTHER INFORMATION CONTACT:
       (1) The assets of the institution as of                not be commensurate with the risk                     Richard A. Katz, Senior Counsel, Office
     December 31, 2019; and                                   posed by the institution. When making                 of General Counsel, (703) 883–4020,
       (2) The assets of the institution as of                this determination, the FDIC will                     TTY (703) 883–4056, Farm Credit
     the end of the most recent calendar                      consider all relevant factors, including              Administration, 1501 Farm Credit Drive,
     quarter.                                                 the extent of asset growth of the FDIC-               McLean, VA 22102–5090.
                                                              supervised institution since December
     PART 347—INTERNATIONAL                                                                                         SUPPLEMENTARY INFORMATION: In FR Doc.
                                                              31, 2019; the causes of such growth,
     BANKING                                                                                                        2020–18552, entitled ‘‘Amortization
                                                              including whether growth occurred as a
                                                                                                                    Limits,’’ beginning on page 60691 in the
                                                              result of mergers or acquisitions;
     ■ 33. The authority citation for part 347                                                                      Federal Register of Monday, September
                                                              whether such growth is likely to be
     continues to read as follows:                                                                                  28, 2020, make the following
                                                              temporary or permanent; whether the
       Authority: 12 U.S.C. 1813, 1815, 1817,
                                                                                                                    corrections;
                                                              FDIC-supervised institution has become
     1819, 1820, 1828, 3103, 3104, 3105, 3108,                involved in any additional activities                   1. On page 60693, in the second
     3109; Pub. L. 111–203, section 939A, 124                 since December 31, 2019; and the type                 column, the heading for section V is
     Stat. 1376, 1887 (July 21, 2010) (codified 15            of assets held by the FDIC-supervised                 corrected to read ‘‘Regulatory Flexibility
     U.S.C. 78o–7 note).                                                                                            Act and Major Rule Conclusion.’’
                                                              institution.
     ■ 34. Amend § 347.211 by adding                          *      *    *      *    *                               2. On page 60693, in the second
     paragraph (d) to read as follows:                                                                              column, add paragraph at the end of
                                                              Brian P. Brooks,                                      section V to read as follows:
     § 347.21 Examination of branches of                      Acting Comptroller of the Currency.
     foreign banks.                                                                                                   Under the provisions of the Congressional
                                                                By order of the Board of Governors of the           Review Act (5 U.S.C. 801 et seq.), the Office
     *     *   *     *      *                                                                                       of Management and Budget’s Office of
                                                              Federal Reserve System.
       (d) From December 2, 2020, through                                                                           Information and Regulatory Affairs has
                                                              Ann Misback,
     December 31, 2021, for purposes of                                                                             determined that this final rule is not a ‘‘major
     determining eligibility for the extended                 Secretary of the Board.                               rule,’’ as the term is defined at 5 U.S.C.
     examination cycle described in                           Federal Deposit Insurance Corporation.                804(2).



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