April 2016Transmittal 422
Effective: 4/1/2016
Banks and Banking Regulations H and K
The Board,
the Federal Deposit Insurance Corporation (FDIC), and the Office of
the Comptroller of the Currency (OCC) (collectively, “the agencies”)
are jointly issuing and requesting public comment on interim final
rules to implement section 83001 of the Fixing America’s Surface Transportation
Act (FAST Act), which was enacted on December 4, 2015. Section 83001
of the FAST Act permits the agencies to examine qualifying insured
depository institutions with less than $1 billion in total assets
no less than once during each 18-month period.
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Prior to enactment of the FAST
Act, only qualifying insured depository institutions with less than
$500 million in total assets were eligible for an 18-month on-site
examination cycle. The interim final rules generally would allow well
capitalized and well managed institutions with less than $1 billion
in total assets to benefit from the extended 18-month examination
schedule. In addition, the interim final rules make parallel changes
to the agencies’ regulations governing the onsite examination cycle
for U.S. branches and agencies of foreign banks, consistent with the
International Banking Act of 1978. Finally, the FDIC is integrating
its regulations regarding the frequency of safety and soundness examinations
for State nonmember banks and State savings associations. The interim
final rules became effective February 29, 2016 (Regulation H at 3-150
and Regulation K at 3-500, Docket R-1531), the same day they were
published in the Federal Register. Comments on the interim
final rules must be received by April 29, 2016.Regulation
I
The Board requests public comment on an
interim final rule that amends Regulation I (Issue and Cancellation
of Federal Reserve Bank Capital Stock) to establish procedures for
payment of dividends by the Federal Reserve Banks to implement the
provisions of section 32203 of the FAST Act.
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The interim final rule sets out
the dividend rates applicable to Reserve Bank depository institution
stockholders and amends provisions of Regulation I regarding treatment
of accrued dividends when a Reserve Bank issues or cancels Federal
Reserve Bank capital stock. The interim final rule became effective
February 24, 2016 (Regulation I at 3-460, Docket R-1533), the same
day it was published in the Federal Register. Comments on the
interim final rule must be received by April 29, 2016.Policy Statements
The Board, FDIC, and
OCC issued
Interagency Guidance on Funds Transfer Pricing Related
to Funding and Contingent Liquidity Risks to address weaknesses
observed in some large financial institutions’ funds transfer pricing
practices. The guidance became effective March 1, 2016 (
Guidance, Risk Management at
3-1579.241).
The Board and OCC issued
Supervisory
Guidance on Model Risk Management, which is intended for use by
banking organizations and supervisors as they assess organizations’
management of model risk.
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Banking organizations should
be attentive to the possible adverse consequences (including financial
loss) of decisions based on models that are incorrect or misused,
and should address those consequences through active model risk manage More...
ment. The guidance describes
the key aspects of an effective model risk-management framework, including
robust model development, implementation, and use; effective validation;
and sound governance, policies, and controls. The guidance became
effective April 4, 2011 (Guidance, Risk
Management at 3-1579.242). Regulation
KK
The Board, the Farm Credit Administration
(FCA), FDIC, the Federal Housing Finance Agency (FHFA), and OCC are
adopting a joint rule to establish minimum margin and capital requirements
for registered swap dealers, major swap participants, security-based
swap dealers, and major security-based swap participants for which
one of the agencies is the prudential regulator. This final rule implements
sections 731 and 764 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (Dodd-Frank Act), as amended by the Terrorism Risk
Insurance Program Reauthorization Act of 2015 (TRIPRA).
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Sections 731 and
764 require the agencies to adopt rules jointly to establish capital
requirements and initial and variation margin requirements for such
entities on all non-cleared swaps and non-cleared security-based swaps
in order to offset the greater risk to such entities and the financial
system arising from the use of swaps and security-based swaps that
are not cleared. The final rule became effective April 1, 2016 (Regulation
KK at 3-3680, Docket R-1415) and was published in the Federal Register on November 30, 2015.
The Board, FCA, FDIC, FHFA, and OCC are adopting an interim
final rule that will exempt certain non-cleared swaps and non-cleared
security-based swaps with certain counterparties that qualify for
an exception or exemption from clearing from the initial and variation
margin requirements promulgated under sections 731 and 764 of the
Dodd-Frank Act.
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This interim final rule implements title III of TRIPRA, which exempts
from the agencies’ swap margin rules non-cleared swaps and non-cleared
security-based swaps in which a counterparty qualifies for an exemption
or exception from clearing under the Dodd-Frank Act. This interim
final rule is a companion rule to the final rules adopted by the agencies
to implement section 731 and 764 of the Dodd-Frank Act. The final
rule became effective April 1, 2016 (Regulation KK at 3-3680, Docket
R-1415) and was published in the Federal Register on November
30, 2015. Consumer & Community Affairs Regulation AA
The Board repealed its Regulation AA (Unfair or Deceptive Acts or
Practices), which was issued pursuant to its rule-writing authority
under section 18(f)(1) of the Federal Trade Commission Act (FTC Act).
Section 1092(2) of the Dodd-Frank Act repealed section 18(f)(1) of
the FTC Act, thus eliminating the Board’s rule-writing authority under
the act. The final rule became effective March 21, 2016 (Regulation
AA at 6-1200, Docket R-1490) and was published in the Federal Register on February 18, 2016.