Federal Reserve Bank Capital Stock, 84415-84419 [2016-28231]
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Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations
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Increase in estimated number of
annual respondents: 1,643.
Increase in estimated number of
annual responses: 1,643.
Estimated average time burden per
response: 10 minutes (0.17 hours).
Increase in estimated total annual
time burden: 279 hours.
Initial U.S. ABTC applicants who join
Global Entry to meet a U.S. ABTC
Program membership requirement
increased the number of Global Entry
applications and burden hours as
follows:
Global Entry Applications: 42
Increase in estimated number of
annual respondents: 2,099.
Increase in estimated number of
annual responses: 2,099.
Estimated average time burden per
response: 40 minutes (0.67 hours).
Increase in estimated total annual
time burden: 1,407 hours.
Approved U.S. ABTC members who
joined Global Entry for their U.S. ABTC
Program membership also increased the
Global Entry kiosk usage rate and
burden hours through their use of the
kiosks for expedited CBP clearance
upon returning to the United States
from an APEC economy. The additional
Global Entry kiosk burden hours
directly resulting from the U.S. ABTC
Program are as follows:
Global Entry Kiosk Use: 43
5— ‘‘Total U.S. ABTC Renewals’’ in FY 2017). For
the purposes of this information collection, CBP
includes the renewal figures in the overall U.S.
ABTC application estimates because the burden for
initial U.S. ABTC Program application and renewal
are both assumed to be 10 minutes.
42 Individuals interested in joining the U.S. ABTC
Program who are not already CBP trusted traveler
members will need to initially apply for a CBP
trusted traveler program membership to meet one
of the U.S. ABTC Program’s membership
requirements. CBP estimates that the 9,692 initial
applicants who are not already in a CBP trusted
traveler program will concurrently apply for the
U.S. ABTC Program and CBP’s Global Entry trusted
traveler program, incurring a 40-minute time
burden to complete the Global Entry application,
complete the U.S. ABTC self-certification, schedule
their required Global Entry enrollment interview,
pay the program application fees, and have their
signature digitally captured for the U.S. ABTC
Program. These initial Global Entry application
estimates account for the 9,692 individuals who are
not already in a CBP trusted traveler program and
their related U.S. ABTC application burdens.
43 CBP now estimates that by the end of FY 2017,
24,520 individuals who were not already members
of a CBP trusted traveler program will become joint
members of the U.S. ABTC Program and Global
Entry (see ‘‘Executive Order 13563 and Executive
Order 12866’’ section, Table 4— ‘‘Number of Initial
U.S. ABTC Applications Approved for Members
Not Already in a CBP Trusted Traveler Program’’ in
FY 2014–FY 2017). Due to data limitations, CBP
assumes that these 24,520 U.S. ABTC Program
members will use Global Entry kiosks twice per
year as this is the minimum number of annual trips
one of these members would have to take for the
benefits of joining the U.S. ABTC Program to
outweigh its costs. This translates to an additional
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Increase in estimated number of
annual respondents: 11,106.
Increase in estimated number of
annual responses: 22,212.
Estimated average time burden per
response: 1 minute (0.016 hours).
Increase in estimated total annual
time burden: 356 hours.
F. Privacy
DHS will ensure that all Privacy Act
requirements and policies are adhered
to in the implementation of this rule. In
this regard, DHS has updated the
Privacy Impact Assessment for the
Global Enrollment System (GES) on
November 1, 2016, which fully outlines
processes to ensure compliance with
Privacy Act protections relevant to this
rule. See https://www.dhs.gov/sites/
default/files/publications/privacy-piacbp-ges-november2016.pdf.
VII. Authority
This regulation is issued under the
authority of 5 U.S.C. 301, 6 U.S.C. 112,
203 and 211, 8 U.S.C. 1103 and 19
U.S.C. 2, 66 and 1624, and Public Law
112–54.
List of Subjects in 8 CFR Part 235
Administrative practice and
procedure, Aliens, Immigration,
Reporting and recordkeeping
requirements.
Amendments to Regulations
For the reasons set forth in the
preamble, the IFR amending 8 CFR
103.7(b)(1)(ii)(N) and adding a new
section 235.13, which was published at
79 FR 27161 on May 13, 2014, is
adopted as final with the following
changes:
PART 235—INSPECTION OF PERSONS
APPLYING FOR ADMISSION
1. The authority citation for part 235
continues to read as follows: 8 U.S.C.
1101 and note, 1103, 1183, 1185
(pursuant to E.O.13323, 69 FR 241, 3
CFR, 2004 Comp., p.278), 1201, 1224,
1225, 1226, 1228, 1365a note, 1365b,
1379, 1731–32; Title VII of Public Law
110–229; 8 U.S.C. 1185 note (section
7209 of Pub. L. 108–458); Public Law
112–54.
■
§ 235.13
[Amended]
2. Amend § 235.13 as follows:
a. In paragraph (c)(6), first sentence,
remove the number ‘‘3’’ and add in its
place the word ‘‘five’’ and remove the
words ‘‘suspended or’’;
■ b. Revise the paragraph (f) subject
heading to read ‘‘Denial and removal’’;
■
■
49,040 kiosk responses per year. These Global Entry
kiosk use estimates account for the 49,040 kiosk
responses and the related burdens.
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c. In paragraph (f)(2) introductory text,
first sentence, remove the words
‘‘suspended or’’;
■ d. In paragraph (f)(3), first and second
sentences, remove the words
‘‘suspension or’’;
■ e. In paragraph (f)(4), remove ‘‘,
suspended,’’;
■ f. In paragraph (g)(1), remove all
occurrences of the phrase ‘‘denial,
suspension or removal’’ and add in its
place ‘‘denial or removal’’ and remove
the words ‘‘date of suspension or
removal’’ and add in their place ‘‘date
of removal’’;
■ g. In paragraph (g)(2), remove the
phrase ‘‘denial, suspension or removal’’
and add in its place ‘‘denial or
removal’’; and
■ h. In paragraph (h), second sentence,
remove the words ‘‘suspended or’’.
■
Dated: November 17, 2016.
Jeh Charles Johnson,
Secretary.
[FR Doc. 2016–28177 Filed 11–22–16; 8:45 am]
BILLING CODE 9111–14–P
FEDERAL RESERVE SYSTEM
12 CFR Part 209
[Regulation I; Docket No. R–1533]
RIN 7100–AE 47
Federal Reserve Bank Capital Stock
Board of Governors of the
Federal Reserve System.
ACTION: Final rule.
AGENCY:
The Board of Governors
(Board) is adopting, in final form and
without change, an interim final rule
amending Regulation I. The final rule
establishes procedures for payment of
dividends by the Federal Reserve Banks
(Reserve Banks) to implement the
provisions of section 32203 of the
‘‘Fixing America’s Surface
Transportation Act.’’ The 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.
DATES: This final rule is effective on
January 1, 2017.
FOR FURTHER INFORMATION CONTACT:
Evan Winerman, Counsel (202–872–
7578), Legal Division; or Kimberly
Zaikov, Financial Project Leader (202/
452–2256), Reserve Bank Operations
and Payments Systems Division. Users
of Telecommunication Device for Deaf
(TDD) only, call (202) 263–4869.
SUMMARY:
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SUPPLEMENTARY INFORMATION:
I. Overview
Regulation I governs the issuance and
cancellation of capital stock by the
Reserve Banks. Under section 5 of the
Federal Reserve Act 1 and Regulation I,2
a member bank must subscribe to
capital stock of the Reserve Bank of its
district in an amount equal to six
percent of the member bank’s capital
and surplus. The member bank must
pay for one-half of this subscription on
the date that the Reserve Bank approves
its application for capital stock, while
the remaining half of the subscription
shall be subject to call by the Board.3
Prior to January 1, 2016, all member
banks were entitled to a six percent
dividend on their paid-in capital stock.
As of January 1, 2016, the ‘‘Fixing
America’s Surface Transportation Act’’
(‘‘FAST Act’’) 4 amended section 7(a)(1)
of the Federal Reserve Act 5 to provide
that stockholders with more than $10
billion in total consolidated assets shall
receive a dividend on paid-in capital
stock equal to the lesser of six percent
and ‘‘the rate equal to the high yield of
the 10-year Treasury note auctioned at
the last auction held prior to the
payment of such dividend,’’ while
stockholders with $10 billion or less in
total consolidated assets shall continue
to receive a six percent dividend. The
FAST Act also provides that the Board
must adjust the $10 billion threshold for
total consolidated assets annually to
reflect the change in the Gross Domestic
Product Price Index, published by the
Bureau of Economic Analysis.
On February 24, 2016, the Board
published an interim final rule and
request for comment in the Federal
Register (81 FR 9082) that amends
Regulation I to implement section 32203
of the FAST Act. The interim final rule
allowed the Reserve Banks to continue
their practice of making semi-annual
dividend payments, although at a new
rate for larger institutions.
In addition, Regulation I contains
provisions with respect to the treatment
of accrued dividends when a Reserve
Bank issues new stock or cancels
existing stock. These Regulation I
provisions implement portions of
sections 5, 6, and 9 of the Federal
Reserve Act, which were not amended
by the FAST Act. Section 5 provides
that (1) when a Reserve Bank issues new
shares to a stockholder, the stockholder
1 12
U.S.C. 287.
CFR 209.4(a).
3 12 U.S.C. 287 and 12 CFR 209.4(c)(2).
4 Public Law 114–94, 129 Stat. 1312 (2015). See
https://www.congress.gov/114/bills/hr22/BILLS114hr22enr.pdf/.
5 12 U.S.C. 289(a)(1).
2 12
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must pay the Reserve Bank for accrued
dividends at a monthly rate of one-half
of one percent from the last dividend
and, correspondingly, (2) when a
stockholder reduces or liquidates its
holding of Reserve Bank stock, the
Reserve Bank must pay the stockholder
for accrued dividends at a monthly rate
of one-half of one percent from the last
dividend. Similarly, sections 6 and
9(10) of the Federal Reserve Act state
that, when a member bank becomes
insolvent or voluntarily withdraws from
Reserve Bank membership, the Reserve
Bank shall pay accrued dividends on
the bank’s cancelled stock at a monthly
rate of one-half of one percent. Prior to
the amendments published in the
interim final rule, Regulation I adopted
the approach described in sections 5, 6,
and 9(10) of the Federal Reserve Act,
providing in §§ 209.4(d) and 209.4(e)(1)
that dividends for subscriptions to, and
cancellations of, Reserve Bank stock
shall accrue at a monthly rate of onehalf of one percent. As discussed below,
the interim final rule adjusted the
accrued dividend rates for larger
institutions to be consistent with the
rate adopted in the FAST Act.
$10 billion or less in total consolidated
assets will continue to receive a
dividend at an annual rate of six
percent. Section 209.4(e)(3) provides
that dividends are cumulative, as
required by section 7 of the Federal
Reserve Act.
Section 209.4(e)(2) provides that each
dividend ‘‘will be adjusted to reflect the
period from the last dividend payment
date to the current dividend payment
date according to the dividend proration
basis.’’ Section 209.1(d)(2) in turn
defines ‘‘dividend proration basis’’ as
‘‘the use of a 360-day year of 12 30-day
months for purposes of computing
dividend payments.’’ Thus, under the
interim final rule, a semi-annual
dividend payment to a stockholder with
$10 billion or less in total consolidated
assets continues to be calculated as
three percent of paid-in capital. A semiannual dividend payment to a
stockholder with more than $10 billion
in total consolidated assets would be
calculated as the lesser of three percent
or one-half of the high yield of the 10year Treasury note auctioned at the last
auction held prior to the payment of the
dividend.
II. Summary of Comments Received
and Final Rule
2. Payment of Accrued Dividends for
Subscriptions to Reserve Bank Stock
Section 5 of the Federal Reserve Act
requires that member banks subscribe to
new stock of the appropriate Reserve
Bank whenever the member bank
increases its own capital stock, so as to
maintain an investment in Federal
Reserve Bank stock equal to 3 percent of
the member bank’s capital and surplus.
Banks also become member banks
throughout the year.
As discussed above, section 5 of the
Federal Reserve Act provides that, when
a stockholder subscribes to new capital
stock, it must pay for accrued dividends
on that new stock at a monthly rate of
one-half of one percent from the last
dividend (i.e., a monthly rate derived
from a six percent annual rate). Prior to
the amendments published in the
interim final rule, Regulation I adopted
the same approach. This requirement
ensures that the stockholder will not be
overcompensated at the next dividend
payment, because the stockholder has
paid in advance for the portion of the
stockholder’s next dividend payment
attributable to the period for which the
member bank did not own the stock.
Although section 5 of the Federal
Reserve Act continues to provide that a
stockholder should pay for accrued
dividends at a monthly rate of one-half
of one percent from the last dividend,
section 7 of the Federal Reserve Act
now provides that stockholders with
more than $10 billion in total
A. Public Comments
The Board received nine comments
on the interim final rule: One from a
trade association representing
commercial banks; one from a small
commercial bank; and seven from
individual members of the public. The
trade association and the commercial
bank expressed concerns regarding
Congress’s decision to lower the
statutory dividend rate for banks with
more than $10 billion in total
consolidated assets, while other
commenters supported Congress’s
decision. None of the commenters
suggested specific changes to the text of
the interim final rule.
B. Description of Final Rule
1. Dividend Payment Rate
Like the interim final rule, the final
rule amends Regulation I to include a
new paragraph, § 209.4(e), addressing
the rate for dividend payments by the
Reserve Banks. Section 209.4(e)(1)(i)
implements the FAST Act provision
requiring that banks with more than $10
billion in total consolidated assets
receive a dividend on their Reserve
Bank capital stock at an annual rate of
the lesser of six percent and the high
yield of the 10-year Treasury note
auctioned at the last auction held prior
to the payment of the dividend. Section
209.4(e)(1)(ii) provides that banks with
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Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations
consolidated assets will receive an
annual dividend at the lesser of six
percent and the high yield of the 10-year
Treasury note auctioned at the last
auction held prior to the payment of the
dividend. Applying sections 5 and 7
literally could cause a larger stockholder
to overpay for accrued dividends if it
paid at a rate based on a six percent
annual rate but received its next
dividend payment at an annual rate
below six percent (assuming the high
yield of the 10-year Treasury note at the
applicable auction was below six
percent).
Like the interim final rule, the final
rule reconciles the conflict between
sections 5 and 7 of the Federal Reserve
Act by requiring that a stockholder with
more than $10 billion in total
consolidated assets pay for accrued
dividends at an annual rate of the lesser
of six percent and the high yield of the
10-year Treasury note auctioned at the
last auction held prior to the previous
dividend payment date (that is, the rate
used for the previous dividend payment
to stockholders with more than $10
billion in total consolidated assets),
prorated to cover the period between the
last dividend payment date and the date
of subscription. This approach allows a
larger stockholder to pay for accrued
dividends at a rate that is generally
close to the dividend rate the
stockholder will earn at the next
dividend payment. This approach also
resolves the statutory conflict in favor of
giving effect to the most recent
Congressional act regarding the payment
of dividends as provided in the FAST
Act. Conversely, the interim final rule
provided that stockholders with $10
billion or less in total consolidated
assets will continue to pay for accrued
dividends at an annual rate of six
percent (prorated to cover the period
between the last dividend payment date
and the date of subscription), as those
stockholders will continue to receive a
six percent annual dividend. This
approach is adopted in the final rule
without change.
The final rule also provides at
§ 209.4(c)(3) for an adjustment at the
next annual dividend if a stockholder
pays for accrued dividends at a rate that
is different from the annualized rate that
the stockholder ultimately receives at
the next scheduled dividend payment
date. This adjustment equals the
difference between the accrued
dividends the stockholder paid for the
additional subscription and the portion
of the next dividend payment
attributable to that additional
subscription, prorated to cover the
period from the last dividend payment
date to the subscription date.
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3. Payment of Accrued Dividends for
Cancellations of Reserve Bank Stock
Section 5 of the Federal Reserve Act
requires that a member bank seek
redemption of its Federal Reserve Bank
stock as the capital of the member bank
declines, so as to maintain an
investment in Federal Reserve Bank
stock equal to 3 percent of the member
bank’s capital and surplus. Banks also
relinquish membership throughout the
year.
As discussed above, three provisions
of the Federal Reserve Act (sections 5,
6, and 9(10)) state that, when a Reserve
Bank cancels stock, the Reserve Bank
shall pay the stockholder for accrued
dividends at a monthly rate of one-half
of one percent from the last dividend
(i.e., a monthly rate derived from a six
percent annual rate). Prior to the
amendments published in the interim
final rule, Regulation I adopted the same
approach. Sections 5, 6, and 9(10) of the
Federal Reserve Act now conflict with
section 7 of the Federal Reserve Act,
which provides (following passage of
the FAST Act) that stockholders with
more than $10 billion in total
consolidated assets will receive an
annual dividend at the lesser of six
percent and the high yield of the 10-year
Treasury note auctioned at the last
auction held prior to the payment of the
dividend.
The final rule reconciles sections 5, 6,
and 9(10) of the Federal Reserve Act
with section 7 of the Federal Reserve
Act by requiring the Reserve Banks to
pay accrued dividends to stockholders
with more than $10 billion of total
consolidated assets at an annual rate of
the lesser of six percent and the high
yield of the 10-year Treasury note
auctioned at the last auction held prior
to the date of cancellation, prorated to
cover the period between the last
dividend payment date and the date of
cancellation. As noted above, this
approach also resolves the statutory
conflict between sections 5, 6, and
9(10), on the one hand, and section 7 on
the other, in favor of the most recent
Congressional act regarding dividends
expressed in the FAST Act. Conversely,
the final rule provides that, when a
Reserve Bank cancels stock of a
stockholder with $10 billion or less in
total consolidated assets, the Reserve
Bank will pay the stockholder for
accrued dividends at an annual rate of
six percent (prorated to cover the period
between the last dividend payment date
and the date of cancellation), as those
stockholders will continue to receive a
six percent annual dividend.
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84417
4. Total Consolidated Assets: Definition
and Inflation Adjustment
The dividend rate to which a
stockholder is entitled under Section 7
of the Federal Reserve Act (as amended
by the FAST Act) depends on the
stockholder’s ‘‘total consolidated
assets.’’ The final rule amends
Regulation I to include a new paragraph,
§ 209.1(d)(3), that generally defines total
consolidated assets by reference to total
assets reported on the stockholder’s
most recent December 31 Consolidated
Report of Condition and Income (Call
Report).6 When a bank joins the Federal
Reserve System or when a member bank
merges with another entity and the
surviving bank continues to be a
Reserve Bank stockholder, the bank may
have never filed a year-end call report,
or its most recent year-end call report
may not accurately reflect the
institution’s size. Accordingly, the new
member bank or the surviving bank
must report whether its total
consolidated assets exceed $10 billion
in its application for capital stock,
which would be shortly after the
transaction or the date that the bank
becomes a member bank. To that end,
the final rule amends § 209.2(a) to
require that a bank seeking to join the
Federal Reserve System report whether
its total consolidated assets exceed $10
billion in its application for capital
stock. Similarly, the final rule adds a
new paragraph, § 209.3(d)(3), that
requires a surviving bank to report
whether its total consolidated assets
exceed $10 billion when it submits its
next application for additional capital
stock.
Section 7(a)(1)(C) of the Federal
Reserve Act (added by the FAST Act)
requires that the Board make an annual
inflation adjustment to the total
consolidated asset threshold that
determines the dividend rate to which
a Reserve Bank is entitled. The final rule
implements this provision at § 209.4(f).
The Board expects to make this
adjustment using the final second
quarter estimate of the Gross Domestic
Product Price Index for each year,
published by the Bureau of Economic
Analysis.
III. Regulatory Analysis
A. Regulatory Flexibility Act Analysis
In accordance with section 604 of the
Regulatory Flexibility Act (‘‘RFA’’), 5
U.S.C. 601 et seq., the Board is
publishing a final regulatory flexibility
analysis for the final rule. The RFA
6 The Board has also moved, without revision, the
definition of ‘‘capital stock and surplus’’ to the
definitions in new § 209.1(d).
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generally requires an agency to assess
the impact a rule is expected to have on
small entities. Under size standards
established by the Small Business
Administration, banks and other
depository institutions are considered
‘‘small’’ if they have less than $550
million in assets.7 The RFA requires an
agency either to provide a regulatory
flexibility analysis or to certify that the
final rule will not have a significant
economic impact on a substantial
number of small entities.
The final rule implements
amendments to the Federal Reserve Act
that provide that Reserve Bank
stockholders with more than $10 billion
in total consolidated assets will receive
a dividend at an annual rate equal to the
lower of six percent and the high yield
of the 10-year Treasury note auctioned
at the last auction held prior to the
payment of such dividend (with such
dividend prorated to cover the period
between the last dividend payment date
and the current dividend payment date).
The final rule also provides that, if a
Reserve Bank cancels stock of a
stockholder with more than $10 billion
in total consolidated assets, the Reserve
Bank will pay the stockholder accrued
dividends at an annual rate of the lesser
of six percent and the high yield of the
most recent 10-year Treasury note
auction held prior to the date of
cancellation, prorated to cover the
period between the last dividend
payment date and the cancellation date.
Finally, the final rule provides that, if a
Reserve Bank issues new stock to a
stockholder with more than $10 billion
in total consolidated assets, the
stockholder will pay accrued dividends
on such stock at an annual rate of the
lesser of six percent and the high yield
of the most recent 10-year Treasury note
auction held prior to the previous
dividend payment date (prorated to
cover the period between the last
dividend payment date and the
subscription date). The next regular
dividend payment to that stockholder
would be adjusted to account for the
difference between the rate at which the
stockholder paid for accrued dividends
and the rate at which the stockholder
receives the regular dividend payment.
Under the final rule, Reserve Bank
stockholders with $10 billion or less in
total consolidated assets will continue
to receive a dividend on their Reserve
Bank stock at an annual rate of six
percent (prorated to cover the period
between the last dividend payment and
the current dividend payment). If a
Reserve Bank issues new stock to, or
cancels existing stock of, a stockholder
7 13
CFR 121.201.
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with $10 billion or less in total
consolidated assets, the stockholder or
the Reserve Bank would (respectively)
continue to pay accrued dividends on
such stock at an annual rate of six
percent (prorated to cover the period
between the last dividend payment date
and the subscription date or the
cancellation date). Additionally, the
final rule continues to allow Reserve
Banks to pay dividends semiannually to
all stockholders, including banks with
$10 billion or less in total consolidated
assets. The Board received no public
comments in response to the initial
regulatory flexibility analysis, nor did it
receive comments from the Chief
Counsel for Advocacy of the Small
Business Administration.
The only new requirement that the
final rule imposes on stockholders with
$10 billion or less in total consolidated
assets is that such a stockholder must
report whether its total consolidated
assets exceed $10 billion when the
stockholder applies for (1) new capital
stock upon joining the Federal Reserve
System or (2) additional capital stock
upon merging with another entity.
Excluding these two situations, a
Reserve Bank will determine the total
consolidated assets of all stockholders
by reference to the stockholder’s most
recent December 31 Call Report. The
final rule requires the Board to make an
annual inflation adjustment to the $10
billion total consolidated asset
threshold.
As noted above, a depository
institution is ‘‘small’’ for purposes of the
RFA if it has less than $550 million of
assets. The final rule has no effect on
small institutions. The Board expects
that existing banks and banks that are in
the process of organization can readily
calculate their total consolidated assets
to know if they are a large institution
covered by the amendments. The Board
currently requires that a bank file an
application form with the Reserve Bank
in whose district it is located if the bank
wishes to join the Federal Reserve
System or if the bank must increase or
decrease its holding of Reserve Bank
stock.8 The Board is revising these
forms to require that, when a bank
applies for membership or applies for
new stock after merging with another
8 See FR 2030 (application for capital stock for
organizing national banks); FR 2030A (application
for capital stock for nonmember state banks that are
converting to national banks); FR 2083A
(application for capital stock by state banks (except
mutual savings banks) and national banks that are
converting to state banks); FR 2083B (application
for capital stock by mutual savings banks); FR 2056
(application for adjustment in holding of Reserve
Bank stock).
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entity, the bank report whether its total
consolidated assets exceed $10 billion.
The RFA requires a description of
why the agency rejected any significant
alternatives that would have affected the
impact of the rule on small entities. In
this circumstance, there is no feasible
alternative to requiring that a bank in
the process of organization report
whether its total consolidated assets
exceed $10 billion when it applies to
join the System, because such banks
will not have filed a Call Report before
applying for membership. With respect
to measuring the total consolidated
assets of a surviving bank after a merger,
the Reserve Banks could alternatively
(1) refer to the total assets reported by
the surviving bank on its most recent
December 31 Call Report or (2) add the
total assets of the surviving bank and
the nonsurviving bank as reported on
each bank’s most recent December 31
Call Report. These alternative
approaches to measuring total
consolidated assets in the merger
context would reduce the reporting
burden on small entities, but they
would not provide timely and accurate
notice to a Reserve Bank of whether a
merger has caused a surviving bank’s
total consolidated assets to exceed $10
billion. The Board believes that
requiring surviving banks to report
whether total consolidated assets exceed
$10 billion when they apply for
additional capital stock is a minimal
reporting burden of an amount that is
known by the banks and serves the
intent of the FAST Act.
B. Paperwork Reduction Act Analysis
In accordance with section 3512 of
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3521) (PRA), the Board
may not conduct or sponsor, and a
respondent is not required to respond
to, an information collection unless it
displays a currently valid Office of
Management and Budget (OMB) control
number. The OMB control numbers are
7100–0042 and 7100–0046. The Board
reviewed the final rule under the
authority delegated to the Board by
OMB. The final rule contains
requirements subject to the PRA. The
reporting requirements are found in
§§ 209.2(a) and 209.3(d)(3). The Board
received no comments on the PRA
analysis in the interim final rule.
The Board has a continuing interest in
the public’s opinions of collections of
information. At any time, comments
regarding the burden estimate, or any
other aspect of this collection of
information, including suggestions for
reducing the burden, may be sent to:
Secretary, Board of Governors of the
Federal Reserve System, 20th and C
E:\FR\FM\23NOR1.SGM
23NOR1
Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations
mstockstill on DSK3G9T082PROD with RULES
Streets NW., Washington, DC 20551. A
copy of the comments may also be
submitted to the OMB desk officer (1) by
mail to U.S. Office of Management and
Budget, 725 17th Street NW., 10235,
Washington, DC 20503; (2) by facsimile
to 202–395–6974; or (3) by email to:
oira_submission@omb.eop.gov,
Attention, Federal Reserve Board
Agency Desk Officer.
Proposed Revisions, With Extension for
Three Years, of the Following
Information Collections
(1) Title of Information Collection:
Applications for Subscription to,
Adjustment in Holding of, and
Cancellation of Federal Reserve Bank
Stock.
Agency Form Number: FR 2030, FR
2030a, FR 2056, FR 2086, FR 2086a, FR
2087.
OMB Control Number: 7100–0042.
Frequency of Response: On occasion.
Affected Public: Businesses or other
for-profit.
Respondents: National, State Member,
and Nonmember banks.
Abstract: These application forms are
required by the Federal Reserve Act and
Regulation I. These forms must be used
by a new or existing member bank
(including a national bank) to request
the issuance, and adjustment in, or
cancellation of Federal Reserve Bank
stock. The forms must contain certain
certifications by the applicants, as well
as certain other financial and
shareholder data that is needed by the
Federal Reserve to process the request.
Current Actions: The dividend rate to
which a Reserve Bank stockholder is
entitled under section 7 of the Federal
Reserve Act (as amended by the FAST
Act) depends on the stockholder’s ‘‘total
consolidated assets.’’ Section 209.2(a)
requires a bank to report whether its
total consolidated assets exceed $10
billion when it applies for membership
in the Federal Reserve System. Section
209.3(d)(3) requires a bank to report
whether its total consolidated assets
exceed $10 billion when it applies for
additional capital stock after merging
with another entity. The Board is
proposing to revise FR 2030, FR 2030a,
and FR 2056 to require that a bank
report whether its total consolidated
assets exceed $10 billion when it
applies to join the Federal Reserve
System or applies for additional capital
stock after merging with another entity.
The proposed revisions would increase
the estimated average hours per
response for FR 2030 and FR 2030a by
half an hour. The proposed revisions
would increase the estimated average
hours per response for FR 2056 by one
quarter of an hour. The Board is not
VerDate Sep<11>2014
16:26 Nov 22, 2016
Jkt 241001
proposing to revise FR 2086, FR 2086A,
and FR 2087. The draft reporting forms
are available on the Board’s public Web
site at https://www.federalreserve.gov/
apps/reportforms/review.aspx.
Estimated annual reporting hours: FR
2030: 4 hours; FR 2030a: 2 hours; FR
2056: 1,000 hours; FR 2086: 5 hours; FR
2086a: 40 hours; FR 2087: 1 hour.
Estimated average hours per response:
FR 2030: 1 hour; FR 2030a: 1 hour; FR
2056: 0.75 hours; FR 2086: 0.5 hours; FR
2086a: 0.5 hours; FR 2087: 0.5 hours.
Number of respondents: FR 2030: 4;
FR 2030a: 2; FR 2056: 1,333; FR 2086:
10; FR 2086a: 79; FR 2087: 1.
(2) Title of Information Collection:
Application for Membership in the
Federal Reserve System.
Agency Form Number: FR 2083, FR
2083A, FR 2083B, and FR 2083C.
OMB Control Number: 7100–0046.
Frequency of Response: On occasion.
Affected Public: Businesses or other
for-profit.
Respondents: Newly organized banks
that seek to become state member banks,
or existing banks or savings institutions
that seek to convert to state member
bank status.
Abstract: The application for
membership is a required one-time
submission that collects the information
necessary for the Federal Reserve to
evaluate the statutory criteria for
admission of a new or existing state
bank into membership in the Federal
Reserve System. The application
collects managerial, financial, and
structural data.
Current Actions: The dividend rate to
which a Reserve Bank stockholder is
entitled under Section 7 of the Federal
Reserve Act (as amended by the FAST
Act) depends on the stockholder’s ‘‘total
consolidated assets.’’ Section 209.2(a)
requires a bank to report whether its
total consolidated assets exceed $10
billion when it applies for membership
in the Federal Reserve System. The
Board is proposing to revise FR 2083A
and FR 2083B to require that a bank
report whether its total consolidated
assets exceed $10 billion when it
applies to join the Federal Reserve
System. The proposed revisions would
increase the estimated average hours per
response by half an hour. The Board is
not proposing to revise FR 2083 or FR
2083C. The draft reporting forms are
available on the Board’s public Web site
at https://www.federalreserve.gov/apps/
reportforms/review.aspx. The estimated
annual reporting hours listed below,
and the estimated average hours per
response, are cumulative totals for FR
2083, FR 2083A, FR 2083B, and FR
2083C.
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
84419
Estimated annual reporting hours:
207 hours.
Estimated average hours per response:
4.5 hours.
Number of respondents: 46.
List of Subjects in 12 CFR Part 209
Banks and banking, Federal Reserve
System, Reporting and recordkeeping
requirements, Securities.
PART 209—FEDERAL RESERVE BANK
CAPITAL STOCK (REGULATION I)
Accordingly, the interim final rule
amending 12 CFR part 209, which was
published at 81 FR 9082 on February 24,
2016, is adopted as a final rule without
change.
By order of the Board of Governors of the
Federal Reserve System, November 18, 2016.
Robert deV. Frierson,
Secretary of the Board.
[FR Doc. 2016–28231 Filed 11–22–16; 8:45 am]
BILLING CODE 6210–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 902
50 CFR Part 660
[Docket No. 140905757–6999–02]
RIN 0648–BE42
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery
Management Plan; Commercial
Sablefish Fishing Regulations and
Electronic Fish Tickets
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This final rule revises fishery
monitoring and equipment requirements
for all commercial groundfish fisheries.
In particular, it establishes a
requirement for submitting electronic
fish tickets (EFT) in the limited entry
fixed gear fisheries and open access
fisheries. This final rule also: revises
administrative procedures for limited
entry permits, providing greater
flexibility and efficiencies for limited
entry groundfish fishery participants;
requires vessels registered to Vessel
Monitoring Systems (VMS) to make an
initial declaration report; and makes
administrative changes and clarifying
edits to improve consistency of the
regulations with past Pacific Fishery
SUMMARY:
E:\FR\FM\23NOR1.SGM
23NOR1
Agencies
[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Rules and Regulations]
[Pages 84415-84419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28231]
=======================================================================
-----------------------------------------------------------------------
FEDERAL RESERVE SYSTEM
12 CFR Part 209
[Regulation I; Docket No. R-1533]
RIN 7100-AE 47
Federal Reserve Bank Capital Stock
AGENCY: Board of Governors of the Federal Reserve System.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Board of Governors (Board) is adopting, in final form and
without change, an interim final rule amending Regulation I. The final
rule establishes procedures for payment of dividends by the Federal
Reserve Banks (Reserve Banks) to implement the provisions of section
32203 of the ``Fixing America's Surface Transportation Act.'' The 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.
DATES: This final rule is effective on January 1, 2017.
FOR FURTHER INFORMATION CONTACT: Evan Winerman, Counsel (202-872-7578),
Legal Division; or Kimberly Zaikov, Financial Project Leader (202/452-
2256), Reserve Bank Operations and Payments Systems Division. Users of
Telecommunication Device for Deaf (TDD) only, call (202) 263-4869.
[[Page 84416]]
SUPPLEMENTARY INFORMATION:
I. Overview
Regulation I governs the issuance and cancellation of capital stock
by the Reserve Banks. Under section 5 of the Federal Reserve Act \1\
and Regulation I,\2\ a member bank must subscribe to capital stock of
the Reserve Bank of its district in an amount equal to six percent of
the member bank's capital and surplus. The member bank must pay for
one-half of this subscription on the date that the Reserve Bank
approves its application for capital stock, while the remaining half of
the subscription shall be subject to call by the Board.\3\
---------------------------------------------------------------------------
\1\ 12 U.S.C. 287.
\2\ 12 CFR 209.4(a).
\3\ 12 U.S.C. 287 and 12 CFR 209.4(c)(2).
---------------------------------------------------------------------------
Prior to January 1, 2016, all member banks were entitled to a six
percent dividend on their paid-in capital stock. As of January 1, 2016,
the ``Fixing America's Surface Transportation Act'' (``FAST Act'') \4\
amended section 7(a)(1) of the Federal Reserve Act \5\ to provide that
stockholders with more than $10 billion in total consolidated assets
shall receive a dividend on paid-in capital stock equal to the lesser
of six percent and ``the rate equal to the high yield of the 10-year
Treasury note auctioned at the last auction held prior to the payment
of such dividend,'' while stockholders with $10 billion or less in
total consolidated assets shall continue to receive a six percent
dividend. The FAST Act also provides that the Board must adjust the $10
billion threshold for total consolidated assets annually to reflect the
change in the Gross Domestic Product Price Index, published by the
Bureau of Economic Analysis.
---------------------------------------------------------------------------
\4\ Public Law 114-94, 129 Stat. 1312 (2015). See https://www.congress.gov/114/bills/hr22/BILLS-114hr22enr.pdf/.
\5\ 12 U.S.C. 289(a)(1).
---------------------------------------------------------------------------
On February 24, 2016, the Board published an interim final rule and
request for comment in the Federal Register (81 FR 9082) that amends
Regulation I to implement section 32203 of the FAST Act. The interim
final rule allowed the Reserve Banks to continue their practice of
making semi-annual dividend payments, although at a new rate for larger
institutions.
In addition, Regulation I contains provisions with respect to the
treatment of accrued dividends when a Reserve Bank issues new stock or
cancels existing stock. These Regulation I provisions implement
portions of sections 5, 6, and 9 of the Federal Reserve Act, which were
not amended by the FAST Act. Section 5 provides that (1) when a Reserve
Bank issues new shares to a stockholder, the stockholder must pay the
Reserve Bank for accrued dividends at a monthly rate of one-half of one
percent from the last dividend and, correspondingly, (2) when a
stockholder reduces or liquidates its holding of Reserve Bank stock,
the Reserve Bank must pay the stockholder for accrued dividends at a
monthly rate of one-half of one percent from the last dividend.
Similarly, sections 6 and 9(10) of the Federal Reserve Act state that,
when a member bank becomes insolvent or voluntarily withdraws from
Reserve Bank membership, the Reserve Bank shall pay accrued dividends
on the bank's cancelled stock at a monthly rate of one-half of one
percent. Prior to the amendments published in the interim final rule,
Regulation I adopted the approach described in sections 5, 6, and 9(10)
of the Federal Reserve Act, providing in Sec. Sec. 209.4(d) and
209.4(e)(1) that dividends for subscriptions to, and cancellations of,
Reserve Bank stock shall accrue at a monthly rate of one-half of one
percent. As discussed below, the interim final rule adjusted the
accrued dividend rates for larger institutions to be consistent with
the rate adopted in the FAST Act.
II. Summary of Comments Received and Final Rule
A. Public Comments
The Board received nine comments on the interim final rule: One
from a trade association representing commercial banks; one from a
small commercial bank; and seven from individual members of the public.
The trade association and the commercial bank expressed concerns
regarding Congress's decision to lower the statutory dividend rate for
banks with more than $10 billion in total consolidated assets, while
other commenters supported Congress's decision. None of the commenters
suggested specific changes to the text of the interim final rule.
B. Description of Final Rule
1. Dividend Payment Rate
Like the interim final rule, the final rule amends Regulation I to
include a new paragraph, Sec. 209.4(e), addressing the rate for
dividend payments by the Reserve Banks. Section 209.4(e)(1)(i)
implements the FAST Act provision requiring that banks with more than
$10 billion in total consolidated assets receive a dividend on their
Reserve Bank capital stock at an annual rate of the lesser of six
percent and the high yield of the 10-year Treasury note auctioned at
the last auction held prior to the payment of the dividend. Section
209.4(e)(1)(ii) provides that banks with $10 billion or less in total
consolidated assets will continue to receive a dividend at an annual
rate of six percent. Section 209.4(e)(3) provides that dividends are
cumulative, as required by section 7 of the Federal Reserve Act.
Section 209.4(e)(2) provides that each dividend ``will be adjusted
to reflect the period from the last dividend payment date to the
current dividend payment date according to the dividend proration
basis.'' Section 209.1(d)(2) in turn defines ``dividend proration
basis'' as ``the use of a 360-day year of 12 30-day months for purposes
of computing dividend payments.'' Thus, under the interim final rule, a
semi-annual dividend payment to a stockholder with $10 billion or less
in total consolidated assets continues to be calculated as three
percent of paid-in capital. A semi-annual dividend payment to a
stockholder with more than $10 billion in total consolidated assets
would be calculated as the lesser of three percent or one-half of the
high yield of the 10-year Treasury note auctioned at the last auction
held prior to the payment of the dividend.
2. Payment of Accrued Dividends for Subscriptions to Reserve Bank Stock
Section 5 of the Federal Reserve Act requires that member banks
subscribe to new stock of the appropriate Reserve Bank whenever the
member bank increases its own capital stock, so as to maintain an
investment in Federal Reserve Bank stock equal to 3 percent of the
member bank's capital and surplus. Banks also become member banks
throughout the year.
As discussed above, section 5 of the Federal Reserve Act provides
that, when a stockholder subscribes to new capital stock, it must pay
for accrued dividends on that new stock at a monthly rate of one-half
of one percent from the last dividend (i.e., a monthly rate derived
from a six percent annual rate). Prior to the amendments published in
the interim final rule, Regulation I adopted the same approach. This
requirement ensures that the stockholder will not be overcompensated at
the next dividend payment, because the stockholder has paid in advance
for the portion of the stockholder's next dividend payment attributable
to the period for which the member bank did not own the stock.
Although section 5 of the Federal Reserve Act continues to provide
that a stockholder should pay for accrued dividends at a monthly rate
of one-half of one percent from the last dividend, section 7 of the
Federal Reserve Act now provides that stockholders with more than $10
billion in total
[[Page 84417]]
consolidated assets will receive an annual dividend at the lesser of
six percent and the high yield of the 10-year Treasury note auctioned
at the last auction held prior to the payment of the dividend. Applying
sections 5 and 7 literally could cause a larger stockholder to overpay
for accrued dividends if it paid at a rate based on a six percent
annual rate but received its next dividend payment at an annual rate
below six percent (assuming the high yield of the 10-year Treasury note
at the applicable auction was below six percent).
Like the interim final rule, the final rule reconciles the conflict
between sections 5 and 7 of the Federal Reserve Act by requiring that a
stockholder with more than $10 billion in total consolidated assets pay
for accrued dividends at an annual rate of the lesser of six percent
and the high yield of the 10-year Treasury note auctioned at the last
auction held prior to the previous dividend payment date (that is, the
rate used for the previous dividend payment to stockholders with more
than $10 billion in total consolidated assets), prorated to cover the
period between the last dividend payment date and the date of
subscription. This approach allows a larger stockholder to pay for
accrued dividends at a rate that is generally close to the dividend
rate the stockholder will earn at the next dividend payment. This
approach also resolves the statutory conflict in favor of giving effect
to the most recent Congressional act regarding the payment of dividends
as provided in the FAST Act. Conversely, the interim final rule
provided that stockholders with $10 billion or less in total
consolidated assets will continue to pay for accrued dividends at an
annual rate of six percent (prorated to cover the period between the
last dividend payment date and the date of subscription), as those
stockholders will continue to receive a six percent annual dividend.
This approach is adopted in the final rule without change.
The final rule also provides at Sec. 209.4(c)(3) for an adjustment
at the next annual dividend if a stockholder pays for accrued dividends
at a rate that is different from the annualized rate that the
stockholder ultimately receives at the next scheduled dividend payment
date. This adjustment equals the difference between the accrued
dividends the stockholder paid for the additional subscription and the
portion of the next dividend payment attributable to that additional
subscription, prorated to cover the period from the last dividend
payment date to the subscription date.
3. Payment of Accrued Dividends for Cancellations of Reserve Bank Stock
Section 5 of the Federal Reserve Act requires that a member bank
seek redemption of its Federal Reserve Bank stock as the capital of the
member bank declines, so as to maintain an investment in Federal
Reserve Bank stock equal to 3 percent of the member bank's capital and
surplus. Banks also relinquish membership throughout the year.
As discussed above, three provisions of the Federal Reserve Act
(sections 5, 6, and 9(10)) state that, when a Reserve Bank cancels
stock, the Reserve Bank shall pay the stockholder for accrued dividends
at a monthly rate of one-half of one percent from the last dividend
(i.e., a monthly rate derived from a six percent annual rate). Prior to
the amendments published in the interim final rule, Regulation I
adopted the same approach. Sections 5, 6, and 9(10) of the Federal
Reserve Act now conflict with section 7 of the Federal Reserve Act,
which provides (following passage of the FAST Act) that stockholders
with more than $10 billion in total consolidated assets will receive an
annual dividend at the lesser of six percent and the high yield of the
10-year Treasury note auctioned at the last auction held prior to the
payment of the dividend.
The final rule reconciles sections 5, 6, and 9(10) of the Federal
Reserve Act with section 7 of the Federal Reserve Act by requiring the
Reserve Banks to pay accrued dividends to stockholders with more than
$10 billion of total consolidated assets at an annual rate of the
lesser of six percent and the high yield of the 10-year Treasury note
auctioned at the last auction held prior to the date of cancellation,
prorated to cover the period between the last dividend payment date and
the date of cancellation. As noted above, this approach also resolves
the statutory conflict between sections 5, 6, and 9(10), on the one
hand, and section 7 on the other, in favor of the most recent
Congressional act regarding dividends expressed in the FAST Act.
Conversely, the final rule provides that, when a Reserve Bank cancels
stock of a stockholder with $10 billion or less in total consolidated
assets, the Reserve Bank will pay the stockholder for accrued dividends
at an annual rate of six percent (prorated to cover the period between
the last dividend payment date and the date of cancellation), as those
stockholders will continue to receive a six percent annual dividend.
4. Total Consolidated Assets: Definition and Inflation Adjustment
The dividend rate to which a stockholder is entitled under Section
7 of the Federal Reserve Act (as amended by the FAST Act) depends on
the stockholder's ``total consolidated assets.'' The final rule amends
Regulation I to include a new paragraph, Sec. 209.1(d)(3), that
generally defines total consolidated assets by reference to total
assets reported on the stockholder's most recent December 31
Consolidated Report of Condition and Income (Call Report).\6\ When a
bank joins the Federal Reserve System or when a member bank merges with
another entity and the surviving bank continues to be a Reserve Bank
stockholder, the bank may have never filed a year-end call report, or
its most recent year-end call report may not accurately reflect the
institution's size. Accordingly, the new member bank or the surviving
bank must report whether its total consolidated assets exceed $10
billion in its application for capital stock, which would be shortly
after the transaction or the date that the bank becomes a member bank.
To that end, the final rule amends Sec. 209.2(a) to require that a
bank seeking to join the Federal Reserve System report whether its
total consolidated assets exceed $10 billion in its application for
capital stock. Similarly, the final rule adds a new paragraph, Sec.
209.3(d)(3), that requires a surviving bank to report whether its total
consolidated assets exceed $10 billion when it submits its next
application for additional capital stock.
---------------------------------------------------------------------------
\6\ The Board has also moved, without revision, the definition
of ``capital stock and surplus'' to the definitions in new Sec.
209.1(d).
---------------------------------------------------------------------------
Section 7(a)(1)(C) of the Federal Reserve Act (added by the FAST
Act) requires that the Board make an annual inflation adjustment to the
total consolidated asset threshold that determines the dividend rate to
which a Reserve Bank is entitled. The final rule implements this
provision at Sec. 209.4(f). The Board expects to make this adjustment
using the final second quarter estimate of the Gross Domestic Product
Price Index for each year, published by the Bureau of Economic
Analysis.
III. Regulatory Analysis
A. Regulatory Flexibility Act Analysis
In accordance with section 604 of the Regulatory Flexibility Act
(``RFA''), 5 U.S.C. 601 et seq., the Board is publishing a final
regulatory flexibility analysis for the final rule. The RFA
[[Page 84418]]
generally requires an agency to assess the impact a rule is expected to
have on small entities. Under size standards established by the Small
Business Administration, banks and other depository institutions are
considered ``small'' if they have less than $550 million in assets.\7\
The RFA requires an agency either to provide a regulatory flexibility
analysis or to certify that the final rule will not have a significant
economic impact on a substantial number of small entities.
---------------------------------------------------------------------------
\7\ 13 CFR 121.201.
---------------------------------------------------------------------------
The final rule implements amendments to the Federal Reserve Act
that provide that Reserve Bank stockholders with more than $10 billion
in total consolidated assets will receive a dividend at an annual rate
equal to the lower of six percent and the high yield of the 10-year
Treasury note auctioned at the last auction held prior to the payment
of such dividend (with such dividend prorated to cover the period
between the last dividend payment date and the current dividend payment
date). The final rule also provides that, if a Reserve Bank cancels
stock of a stockholder with more than $10 billion in total consolidated
assets, the Reserve Bank will pay the stockholder accrued dividends at
an annual rate of the lesser of six percent and the high yield of the
most recent 10-year Treasury note auction held prior to the date of
cancellation, prorated to cover the period between the last dividend
payment date and the cancellation date. Finally, the final rule
provides that, if a Reserve Bank issues new stock to a stockholder with
more than $10 billion in total consolidated assets, the stockholder
will pay accrued dividends on such stock at an annual rate of the
lesser of six percent and the high yield of the most recent 10-year
Treasury note auction held prior to the previous dividend payment date
(prorated to cover the period between the last dividend payment date
and the subscription date). The next regular dividend payment to that
stockholder would be adjusted to account for the difference between the
rate at which the stockholder paid for accrued dividends and the rate
at which the stockholder receives the regular dividend payment.
Under the final rule, Reserve Bank stockholders with $10 billion or
less in total consolidated assets will continue to receive a dividend
on their Reserve Bank stock at an annual rate of six percent (prorated
to cover the period between the last dividend payment and the current
dividend payment). If a Reserve Bank issues new stock to, or cancels
existing stock of, a stockholder with $10 billion or less in total
consolidated assets, the stockholder or the Reserve Bank would
(respectively) continue to pay accrued dividends on such stock at an
annual rate of six percent (prorated to cover the period between the
last dividend payment date and the subscription date or the
cancellation date). Additionally, the final rule continues to allow
Reserve Banks to pay dividends semiannually to all stockholders,
including banks with $10 billion or less in total consolidated assets.
The Board received no public comments in response to the initial
regulatory flexibility analysis, nor did it receive comments from the
Chief Counsel for Advocacy of the Small Business Administration.
The only new requirement that the final rule imposes on
stockholders with $10 billion or less in total consolidated assets is
that such a stockholder must report whether its total consolidated
assets exceed $10 billion when the stockholder applies for (1) new
capital stock upon joining the Federal Reserve System or (2) additional
capital stock upon merging with another entity. Excluding these two
situations, a Reserve Bank will determine the total consolidated assets
of all stockholders by reference to the stockholder's most recent
December 31 Call Report. The final rule requires the Board to make an
annual inflation adjustment to the $10 billion total consolidated asset
threshold.
As noted above, a depository institution is ``small'' for purposes
of the RFA if it has less than $550 million of assets. The final rule
has no effect on small institutions. The Board expects that existing
banks and banks that are in the process of organization can readily
calculate their total consolidated assets to know if they are a large
institution covered by the amendments. The Board currently requires
that a bank file an application form with the Reserve Bank in whose
district it is located if the bank wishes to join the Federal Reserve
System or if the bank must increase or decrease its holding of Reserve
Bank stock.\8\ The Board is revising these forms to require that, when
a bank applies for membership or applies for new stock after merging
with another entity, the bank report whether its total consolidated
assets exceed $10 billion.
---------------------------------------------------------------------------
\8\ See FR 2030 (application for capital stock for organizing
national banks); FR 2030A (application for capital stock for
nonmember state banks that are converting to national banks); FR
2083A (application for capital stock by state banks (except mutual
savings banks) and national banks that are converting to state
banks); FR 2083B (application for capital stock by mutual savings
banks); FR 2056 (application for adjustment in holding of Reserve
Bank stock).
---------------------------------------------------------------------------
The RFA requires a description of why the agency rejected any
significant alternatives that would have affected the impact of the
rule on small entities. In this circumstance, there is no feasible
alternative to requiring that a bank in the process of organization
report whether its total consolidated assets exceed $10 billion when it
applies to join the System, because such banks will not have filed a
Call Report before applying for membership. With respect to measuring
the total consolidated assets of a surviving bank after a merger, the
Reserve Banks could alternatively (1) refer to the total assets
reported by the surviving bank on its most recent December 31 Call
Report or (2) add the total assets of the surviving bank and the
nonsurviving bank as reported on each bank's most recent December 31
Call Report. These alternative approaches to measuring total
consolidated assets in the merger context would reduce the reporting
burden on small entities, but they would not provide timely and
accurate notice to a Reserve Bank of whether a merger has caused a
surviving bank's total consolidated assets to exceed $10 billion. The
Board believes that requiring surviving banks to report whether total
consolidated assets exceed $10 billion when they apply for additional
capital stock is a minimal reporting burden of an amount that is known
by the banks and serves the intent of the FAST Act.
B. Paperwork Reduction Act Analysis
In accordance with section 3512 of the Paperwork Reduction Act of
1995 (44 U.S.C. 3501-3521) (PRA), the Board may not conduct or sponsor,
and a respondent is not required to respond to, an information
collection unless it displays a currently valid Office of Management
and Budget (OMB) control number. The OMB control numbers are 7100-0042
and 7100-0046. The Board reviewed the final rule under the authority
delegated to the Board by OMB. The final rule contains requirements
subject to the PRA. The reporting requirements are found in Sec. Sec.
209.2(a) and 209.3(d)(3). The Board received no comments on the PRA
analysis in the interim final rule.
The Board has a continuing interest in the public's opinions of
collections of information. At any time, comments regarding the burden
estimate, or any other aspect of this collection of information,
including suggestions for reducing the burden, may be sent to:
Secretary, Board of Governors of the Federal Reserve System, 20th and C
[[Page 84419]]
Streets NW., Washington, DC 20551. A copy of the comments may also be
submitted to the OMB desk officer (1) by mail to U.S. Office of
Management and Budget, 725 17th Street NW., 10235, Washington, DC
20503; (2) by facsimile to 202-395-6974; or (3) by email to:
oira_submission@omb.eop.gov, Attention, Federal Reserve Board Agency
Desk Officer.
Proposed Revisions, With Extension for Three Years, of the Following
Information Collections
(1) Title of Information Collection: Applications for Subscription
to, Adjustment in Holding of, and Cancellation of Federal Reserve Bank
Stock.
Agency Form Number: FR 2030, FR 2030a, FR 2056, FR 2086, FR 2086a,
FR 2087.
OMB Control Number: 7100-0042.
Frequency of Response: On occasion.
Affected Public: Businesses or other for-profit.
Respondents: National, State Member, and Nonmember banks.
Abstract: These application forms are required by the Federal
Reserve Act and Regulation I. These forms must be used by a new or
existing member bank (including a national bank) to request the
issuance, and adjustment in, or cancellation of Federal Reserve Bank
stock. The forms must contain certain certifications by the applicants,
as well as certain other financial and shareholder data that is needed
by the Federal Reserve to process the request.
Current Actions: The dividend rate to which a Reserve Bank
stockholder is entitled under section 7 of the Federal Reserve Act (as
amended by the FAST Act) depends on the stockholder's ``total
consolidated assets.'' Section 209.2(a) requires a bank to report
whether its total consolidated assets exceed $10 billion when it
applies for membership in the Federal Reserve System. Section
209.3(d)(3) requires a bank to report whether its total consolidated
assets exceed $10 billion when it applies for additional capital stock
after merging with another entity. The Board is proposing to revise FR
2030, FR 2030a, and FR 2056 to require that a bank report whether its
total consolidated assets exceed $10 billion when it applies to join
the Federal Reserve System or applies for additional capital stock
after merging with another entity. The proposed revisions would
increase the estimated average hours per response for FR 2030 and FR
2030a by half an hour. The proposed revisions would increase the
estimated average hours per response for FR 2056 by one quarter of an
hour. The Board is not proposing to revise FR 2086, FR 2086A, and FR
2087. The draft reporting forms are available on the Board's public Web
site at https://www.federalreserve.gov/apps/reportforms/review.aspx.
Estimated annual reporting hours: FR 2030: 4 hours; FR 2030a: 2
hours; FR 2056: 1,000 hours; FR 2086: 5 hours; FR 2086a: 40 hours; FR
2087: 1 hour.
Estimated average hours per response: FR 2030: 1 hour; FR 2030a: 1
hour; FR 2056: 0.75 hours; FR 2086: 0.5 hours; FR 2086a: 0.5 hours; FR
2087: 0.5 hours.
Number of respondents: FR 2030: 4; FR 2030a: 2; FR 2056: 1,333; FR
2086: 10; FR 2086a: 79; FR 2087: 1.
(2) Title of Information Collection: Application for Membership in
the Federal Reserve System.
Agency Form Number: FR 2083, FR 2083A, FR 2083B, and FR 2083C.
OMB Control Number: 7100-0046.
Frequency of Response: On occasion.
Affected Public: Businesses or other for-profit.
Respondents: Newly organized banks that seek to become state member
banks, or existing banks or savings institutions that seek to convert
to state member bank status.
Abstract: The application for membership is a required one-time
submission that collects the information necessary for the Federal
Reserve to evaluate the statutory criteria for admission of a new or
existing state bank into membership in the Federal Reserve System. The
application collects managerial, financial, and structural data.
Current Actions: The dividend rate to which a Reserve Bank
stockholder is entitled under Section 7 of the Federal Reserve Act (as
amended by the FAST Act) depends on the stockholder's ``total
consolidated assets.'' Section 209.2(a) requires a bank to report
whether its total consolidated assets exceed $10 billion when it
applies for membership in the Federal Reserve System. The Board is
proposing to revise FR 2083A and FR 2083B to require that a bank report
whether its total consolidated assets exceed $10 billion when it
applies to join the Federal Reserve System. The proposed revisions
would increase the estimated average hours per response by half an
hour. The Board is not proposing to revise FR 2083 or FR 2083C. The
draft reporting forms are available on the Board's public Web site at
https://www.federalreserve.gov/apps/reportforms/review.aspx. The
estimated annual reporting hours listed below, and the estimated
average hours per response, are cumulative totals for FR 2083, FR
2083A, FR 2083B, and FR 2083C.
Estimated annual reporting hours: 207 hours.
Estimated average hours per response: 4.5 hours.
Number of respondents: 46.
List of Subjects in 12 CFR Part 209
Banks and banking, Federal Reserve System, Reporting and
recordkeeping requirements, Securities.
PART 209--FEDERAL RESERVE BANK CAPITAL STOCK (REGULATION I)
Accordingly, the interim final rule amending 12 CFR part 209, which
was published at 81 FR 9082 on February 24, 2016, is adopted as a final
rule without change.
By order of the Board of Governors of the Federal Reserve
System, November 18, 2016.
Robert deV. Frierson,
Secretary of the Board.
[FR Doc. 2016-28231 Filed 11-22-16; 8:45 am]
BILLING CODE 6210-01-P