Amendments to the Stress Testing Rule for National Banks and Federal Savings Associations, 54472-54476 [2019-21843]
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Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Rules and Regulations
Prohibitions.
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(c) Major assets. A management
official of a depository organization
with total assets exceeding $10 billion
(or any affiliate of such an organization)
may not serve at the same time as a
management official of an unaffiliated
depository organization with total assets
exceeding $10 billion (or any affiliate of
such an organization), regardless of the
location of the two depository
organizations. * * *
Dated: October 1, 2019.
Joseph M. Otting,
Comptroller of the Currency.
By order of the Board of Governors of the
Federal Reserve System, September 27, 2019.
Ann E. Misback,
Secretary of the Board.
Federal Deposit Insurance Corporation.
By order of the Board of Directors.
Dated at Washington, DC, on August 20,
2019.
Valerie J. Best,
Assistant Executive Secretary.
PART 238—SAVINGS AND LOAN
HOLDING COMPANIES (REGULATION
LL)
[FR Doc. 2019–21840 Filed 10–9–19; 8:45 am]
5. The authority citation for part 238
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DEPARTMENT OF THE TREASURY
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1462, 1462a, 1463, 1464, 1467, 1467a, 1468,
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15 U.S.C. 78l.
6. Section 238.93 is amended by
revising the first sentence of paragraph
(c) to read as follows:
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§ 238.93
Office of the Comptroller of the
Currency
12 CFR Part 46
[Docket ID OCC–2018–0035]
RIN 1557–AE55
Prohibitions.
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*
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(c) Major assets. A management
official of a depository organization
with total assets exceeding $10 billion
(or any affiliate of such an organization)
may not serve at the same time as a
management official of an unaffiliated
depository organization with total assets
exceeding $10 billion (or any affiliate of
such an organization), regardless of the
location of the two depository
organizations. * * *
Federal Deposit Insurance Corporation
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1823(k).
8. Section 348.3 is amended by
revising the first sentence of paragraph
(c) to read as follows:
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§ 348.3
BILLING CODE 4810–33–P; 6210–01–P; 6714–01–P
Prohibitions.
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(c) Major assets. A management
official of a depository organization
with total assets exceeding $10 billion
(or any affiliate of such an organization)
may not serve at the same time as a
management official of an unaffiliated
depository organization with total assets
exceeding $10 billion (or any affiliate of
such an organization), regardless of the
location of the two depository
organizations. * * *
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Amendments to the Stress Testing
Rule for National Banks and Federal
Savings Associations
Office of the Comptroller of the
Currency (OCC), Treasury.
ACTION: Final rule.
AGENCY:
The OCC is adopting a final
rule to amend the OCC’s company-run
stress testing requirements for national
banks and Federal savings associations,
consistent with section 401 of the
Economic Growth, Regulatory Relief,
and Consumer Protection Act.
Specifically, the final rule revises the
minimum threshold for national banks
and Federal savings associations to
conduct stress tests from $10 billion to
$250 billion, revises the frequency by
which certain national banks and
Federal savings associations will be
required to conduct stress tests, and
reduces the number of required stress
testing scenarios from three to two.
DATES: This final rule is effective
November 24, 2019.
FOR FURTHER INFORMATION CONTACT:
Hein Bogaard, Lead Economic Expert,
International Analysis and Banking
Condition, (202) 649–5450; or Henry
Barkhausen, Counsel, or Daniel Perez,
Senior Attorney, (202) 649–5490, Chief
Counsel’s Office; or for persons who are
deaf or hearing-impaired, TTY, (202)
649–5597; Office of the Comptroller of
the Currency, 400 7th Street SW,
Washington, DC 20219.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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I. Background
Section 165(i)(2) of the Dodd-Frank
Wall Street Reform and Consumer
Protection Act of 2010 (Dodd-Frank
Act),1 as initially enacted, required a
national bank or Federal savings
association (FSA) (collectively, banks)
with total consolidated assets of more
than $10 billion to conduct an annual
stress test. Section 165(i)(2)(B) required
these banks to provide a report to the
Office of the Comptroller of the
Currency (OCC) at such time, in such
form, and containing such information
as the OCC may require.2 In addition,
section 165(i)(2)(C) required the OCC to
issue regulations that establish
methodologies for banks conducting
their stress test and required the
methodologies to include at least three
different stress testing scenarios:
‘‘baseline,’’ ‘‘adverse,’’ and ‘‘severely
adverse.’’ 3
In October 2012, the OCC published
in the Federal Register its rule
implementing the Dodd-Frank Act stress
testing requirement (stress testing rule).4
The OCC’s stress testing rule established
two subgroups for covered
institutions—‘‘$10 to $50 billion
covered institutions’’ and ‘‘$50 billion
or over covered institutions’’—and
subjected the two subgroups to different
stress test requirements and deadlines
for reporting and disclosures. In
February 2018, the OCC published a
second rulemaking to implement
additional technical and conforming
changes to the OCC’s stress testing rule.5
The Economic Growth, Regulatory
Relief, and Consumer Protection Act
(EGRRCPA), enacted on May 24, 2018,
amends certain aspects of the companyrun stress testing requirement in section
165(i)(2) of the Dodd-Frank Act.6
Specifically, section 401 of EGRRCPA
raises the minimum asset threshold for
financial companies covered by the
company-run stress testing requirement
from $10 billion to $250 billion in total
consolidated assets; revises the
requirement that financial companies
conduct stress tests on an ‘‘annual’’
basis and instead requires them to be
‘‘periodic’’; and no longer requires the
OCC to provide an ‘‘adverse’’ stresstesting scenario, thus reducing the
number of required stress test scenarios
from three to two. The amendments
made by section 401 of EGRRCPA
1 Public Law 111–203, 124 Stat. 1376 (2010),
codified at 12 U.S.C. 5365.
2 12 U.S.C. 5365(i)(2)(B).
3 12 U.S.C. 5365(i)(2)(C).
4 77 FR 61238 (Oct. 9, 2012).
5 83 FR 7951 (Feb. 23, 2018).
6 Public Law 115–174, 132 Stat. 1296–1368
(2018).
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applicable to depository institutions are
effective on November 24, 2019.
II. Proposed Rule
On February 12, 2019, consistent with
section 401 of EGRRCPA, the OCC
published a notice of proposed
rulemaking (proposed rule or proposal)
in the Federal Register to amend the
stress testing rule.7 The proposed rule
would have revised the minimum
threshold for banks to conduct stress
tests from $10 billion to $250 billion,
revised the frequency by which certain
banks would be required to conduct
stress tests from annual to biennial, and
reduced the number of required stress
testing scenarios from three to two by
eliminating the requirement for an
adverse scenario. The proposed rule
would also have made certain
additional technical and facilitating
changes to the stress testing rule.
In response to the proposed rule, the
OCC received two substantive comment
letters. The OCC appreciates the
concerns raised by these comments but,
for the reasons described below, the
OCC does not believe that they warrant
changes to the proposal.
The first commenter requested that
the OCC immediately eliminate stress
testing requirements that would no
longer be in effect upon finalization of
the proposal or that are not appropriate
for any firm of any size. In particular,
this commenter argued that the OCC
should immediately eliminate the
adverse scenario from the scenarios
required for purposes of the 2019 stress
test. The EGRRCPA amendments to the
stress testing requirements will become
effective on November 24, 2019. While
EGRRCPA specifically provided an
immediate effective date for bank
holding companies with total
consolidated assets of less than
$100,000,000,000, it did not provide
immediate relief for banks that have
consolidated assets above the threshold
or that meet certain other specified
criteria. Accordingly, the OCC did not
consider it appropriate to eliminate this
requirement from the 2019 stress tests.
The stress test scenarios for the 2019
Dodd-Frank Act stress tests were issued
in February 2019.
The second commenter argued that
the OCC should not reduce the
frequency of Dodd-Frank Act stress
testing from annual to biennial for any
subset of banks. The OCC believes,
based on its experience overseeing and
reviewing the results of company-run
stress testing, that biennial stress testing
is appropriate under most conditions for
a bank not consolidated under a holding
7 84
FR 3345 (Feb. 12, 2019).
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company that is required to conduct a
stress test annually. For these covered
institutions, the OCC expects a biennial
stress test to provide the OCC and the
covered institution with information
that is sufficient to satisfy the purposes
of stress testing, including assisting in
an overall assessment of a covered
institution’s capital adequacy,
identifying risks and the potential
impact of adverse financial and
economic conditions on the covered
institution’s capital adequacy, and
determining whether additional
analytical techniques and exercises are
appropriate for a covered institution to
employ in identifying, measuring, and
monitoring risks to the soundness of the
covered institution. As described further
below, the OCC believes that annual
stress testing is appropriate only for
depository institution subsidiaries of the
largest and most complex banking
organizations. In addition, the OCC will
continue to review the covered
intuition’s stress testing processes and
procedures.
In the event of a sudden, material
change in bank or market conditions or
forecasts, the OCC retains its ability to
require more frequent stress testing,
pursuant to its reservation of authority
under the OCC’s stress testing rule.8
II. Description of the Final Rule
The OCC is adopting the proposed
revisions to the OCC’s stress testing rule
without change. These revisions are
described in more detail below.
A. Covered Institutions
As described above, section 401 of
EGRRCPA amends section 165 of the
Dodd-Frank Act by raising the
minimum asset threshold for banks
required to conduct stress tests from $10
billion to $250 billion. The final rule
implements this change by eliminating
the two existing subcategories of
‘‘covered institution’’—‘‘$10 to $50
billion covered institution’’ and ‘‘$50
billion or over covered institution’’—
and revising the term ‘‘covered
institution’’ to mean a national bank or
FSA with average total consolidated
assets greater than $250 billion. In
addition, the final rule makes certain
technical changes to the rule in order to
consolidate requirements that were
applied differently to ‘‘$10 to $50
billion covered institutions’’ and ‘‘$50
billion or over covered institutions.’’
B. Frequency of Stress Testing
EGRRCPA eliminates the requirement
under section 165 of the Dodd-Frank
Act for covered institutions to conduct
8 See
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stress tests on an ‘‘annual’’ basis and,
instead, requires that they be
‘‘periodic.’’ The term ‘‘periodic’’ is not
defined in EGRRCPA. The final rule
requires that, in general, a covered
institution will be required to conduct,
report, and publish a stress test once
every two years, beginning on January 1,
2020, and continuing every evennumbered year thereafter (i.e., 2022,
2024, 2026, etc.). However, a covered
institution that is consolidated under a
holding company that is required to
conduct a stress test at least once every
calendar year (pursuant to regulations of
the Board of Governors of the Federal
Reserve System (the Board)) will be
required to conduct, report, and publish
its stress test annually. The final rule
adds a new defined term, ‘‘reporting
year,’’ to the definitions at § 46.2. A
covered institution’s reporting year is
the year in which a covered institution
must conduct, report, and publish its
stress test.
Subsequent to these changes, covered
institutions may be subject to either a
biennial reporting year (biennial stress
testing covered institutions) or an
annual reporting year (annual stress
testing covered institutions). In either
case, the dates and deadlines in the
OCC’s stress testing rule would be
interpreted relative to the covered
institution’s reporting year. For
example, if a biennial stress testing
covered institution is preparing a stress
test for the 2022 reporting year, the
covered institution would rely on
financial data available as of December
31, 2021; use stress test scenarios that
would be provided by the OCC no later
than February 15, 2022; provide its
report of the results of the stress test to
the OCC by April 5, 2022; and publish
a summary of the results of the stress
test in the period starting June 15 and
ending July 15 of 2022.
Under the final rule, all biennial
stress testing covered institutions will
be required to conduct stress tests in the
same reporting year. By requiring these
covered institutions to conduct their
stress tests in the same year, the final
rule will allow the OCC to continue to
make comparisons across banks for
supervisory purposes and assess
macroeconomic trends and risks to the
banking industry.
Certain covered institutions will be
required to conduct annual stress tests
under the final rule. This subset is
limited to covered institutions that are
consolidated under holding companies
that are required to conduct stress tests
more frequently than once every other
year. This treatment aligns with the
OCC’s, Board’s, and FDIC’s longstanding policy of applying similar
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standards to holding companies and
their subsidiary banks. It also reflects
the OCC’s expectation that covered
institutions that will be required to
stress test on an annual basis are
subsidiaries of the largest and most
systemically important holding
companies.
On November 29, 2018, the Board
published a proposed rule that would
establish four risk-based categories of
standards for large holding companies
to determine the application of
prudential standards, including stress
testing.9 Holding companies subject to
Category I or Category II standards
would be required to conduct annual
company-run stress tests while holding
companies subject to Category III
standards would be required to conduct
biennial company-run stress tests.10
(Holding companies with less than $250
billion in consolidated assets, including
those subject to Category IV standards,
would not be required to stress test.)
Because the OCC’s final stress testing
rule would require a covered institution
to conduct stress tests annually if its
parent holding company is required,
under Board regulations, to conduct
stress tests annually, the OCC’s stress
testing regulation would adopt by
reference any potential changes to stress
testing frequency in the Board’s
regulations, including from the Board’s
proposed rule.
C. Removal of ‘‘Adverse’’ Scenarios
Section 165(i)(2)(C) of the Dodd-Frank
Act required the OCC to establish
methodologies for covered institutions
conducting a stress test and requires the
methodologies to include at least three
different stress testing scenarios:
‘‘baseline,’’ ‘‘adverse,’’ and ‘‘severely
adverse.’’ Subsequently, EGRRCPA
amended section 165 to no longer
require the OCC to include an ‘‘adverse’’
stress-testing scenario. Accordingly, the
final rule removes references to the
‘‘adverse’’ stress test scenario in the
OCC’s stress testing rule. In the OCC’s
experience, the ‘‘adverse’’ stress-testing
9 See ‘‘Prudential Standards for Large Bank
Holding Companies and Savings and Loan Holding
Companies,’’ 83 FR 61408 (Nov. 29, 2018).
10 Under the Board’s proposal, Category I
standards would apply to U.S. global systemically
important bank holding companies (G–SIBs).
Category II standards would apply to depository
holding companies that are not G–SIBs and that
have (1) $700 billion or more in consolidated assets
or (2) $100 billion or more in consolidated assets
and $75 billion or more in cross-jurisdictional
activity. Category III standards would apply to a
depository holding company that is not subject to
Category II standards and that has (1) $250 billion
or more in average total consolidated assets or (2)
$100 billion or more in average total consolidated
assets and $75 billion or more in total consolidated
assets in one of three risk indicators.
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scenario has provided limited
incremental information to the OCC and
market participants beyond what the
‘‘baseline’’ and ‘‘severely adverse’’ stress
testing scenarios provide. The final rule
maintains the requirement for the OCC
to conduct supervisory stress tests
under both a ‘‘baseline’’ and ‘‘severely
adverse’’ stress-testing scenario.
D. Transition Process for Covered
Institutions
Section 46.3 of the OCC’s stress
testing rule provides a transition period
between when a bank becomes a
covered institution and when the bank
must report the results of its first stress
test. The final rule amends the
transition period in § 46.3(b) to conform
to the other changes in this rulemaking,
including the establishment of annual
and biennial stress testing covered
institutions. Under the final rule, a bank
that becomes a covered institution will
be required to conduct its first stress test
under the stress testing rule in the first
reporting year that begins more than
three calendar quarters after the date the
bank becomes a covered institution,
unless otherwise determined by the
OCC in writing. For example, if a
covered institution that conducts stress
tests on a biennial basis becomes a
covered institution on March 31 of a
non-reporting year (e.g., 2023), the bank
must report the results of its first stress
test in the subsequent calendar year (i.e.,
2024), which is its first reporting year.
If the same bank becomes a covered
institution on April 1 of a non-reporting
year, it skips the subsequent calendar
year and reports the results of its first
stress test in the next reporting year (i.e.,
2026). As with other aspects of the
stress testing rule, the OCC may change
the transition period for particular
covered institutions, as appropriate in
light of the nature and level of the
activities, complexity, risks, operations,
and regulatory capital of the covered
institutions, in addition to any other
relevant factors.
The final rule does not include a
transition period for a covered
institution that moves from a biennial
stress testing requirement to an annual
stress testing requirement. Accordingly,
a covered institution that becomes an
annual stress testing covered institution
is required to begin stress testing
annually as of the next reporting year.
The OCC expects covered institutions to
anticipate and make arrangements for
this development. To the extent that
particular circumstances warrant the
extension of a transition period, the
OCC can extend one based on its
reservation of authority and supervisory
discretion.
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E. Review by Board of Directors
Section 46.6 of the stress testing rule
required the board of directors of a
covered institution, or a committee
thereof, to review and approve the
covered institution’s stress testing
policies and procedures as frequently as
economic conditions or the condition of
the institution may warrant, but no less
than annually. The final rule revises the
frequency of this requirement from
‘‘annual’’ to ‘‘once every reporting year’’
in order to align review by the board of
directors with the covered institution’s
stress testing cycle.
F. Reservation of Authority
Section 46.4 of the stress testing rule
states the OCC’s reservation of the
authority, pursuant to which the OCC
may revise the frequency and
methodology of the stress testing
requirement as appropriate for
particular covered institutions. The final
rule clarifies the OCC’s reservation of
authority by providing that the OCC
may exempt a covered institution from
the requirement to conduct a stress test
in a particular reporting year.
G. Removal of Transition Language
The final rule removes certain
transition language that was present in
the stress testing rule and that is no
longer current. For example, the final
rule strikes the following sentence from
paragraph (a)(2) of § 46.6: ‘‘Until
December 31, 2015, or such other date
specified by the OCC, a covered
institution is not required to calculate
its risk-based capital requirements using
the internal ratings-based and advanced
measurement approaches as set forth in
12 CFR part 3, subpart E.’’
IV. Regulatory Analysis
A. Riegle Community Development and
Regulatory Improvement Act (RCDRIA)
The RCDRIA requires that the OCC, in
determining the effective date and
administrative compliance requirements
of new regulations that impose
additional reporting, disclosure, or other
requirements on insured depository
institutions (‘‘IDIs’’), consider,
consistent with principles of safety and
soundness and the public interest, any
administrative burdens that such
regulations would place on depository
institutions, including small depository
institutions, and customers of
depository institutions, as well as the
benefits of such regulations.11 In
addition, in order to provide an
adequate transition period, new
regulations that impose additional
11 12
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U.S.C. 4802(a).
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reporting, disclosures, or other new
requirements on IDIs generally must
take effect on the first day of a calendar
quarter that begins on or after the date
on which the regulations are published
in final form.12
The final rule imposes no additional
reporting, disclosure, or other
requirements on IDIs, including small
depository institutions, nor on the
customers of depository institutions.
The final rule reduces the frequency of
company-run stress tests for a subset of
banks, raises the threshold for covered
institutions from $10 billion to $250
billion, reduces the number of required
stress test scenarios from three to two
for all banks, and makes technical
changes that do not substantively IDIs or
their customers. Accordingly, the
RCDRIA does not apply to the final rule.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act, 5
U.S.C. 601 et seq. (‘‘RFA’’), requires an
agency, in connection with a final rule,
to prepare a final Regulatory Flexibility
Analysis describing the impact of the
final rule on small entities (defined by
the Small Business Administration
(‘‘SBA’’) for purposes of the RFA to
include banking entities with total
assets of $600 million or less) or to
certify that the final rule would not have
a significant economic impact on a
substantial number of small entities.
The OCC currently supervises
approximately 782 small entities.13
Because the final rule only applies to
banking organizations with total
consolidated assets greater than $10
billion, it will not impact any OCCsupervised small entities. Therefore, the
OCC certifies that the final rule will not
have a significant economic impact on
a substantial number of small entities.
C. Paperwork Reduction Act of 1995
The Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3521) states that no
agency may conduct or sponsor, nor is
the respondent required to respond to,
an information collection unless it
displays a currently valid Office of
Management and Budget (OMB) control
12 12
U.S.C. 4802(b).
OCC bases its estimate of the number of
small entities on the SBA’s size thresholds. For
commercial banks and savings institutions, the size
threshold is $600 million. For trust companies, the
threshold is $41.5 million. Consistent with the
General Principles of Affiliation 13 CFR 121.103(a),
the OCC counts the assets of affiliated financial
institutions when determining if it should classify
an OCC-supervised institution as a small entity. The
OCC uses December 31, 2018, to determine size
because a ‘‘financial institution’s assets are
determined by averaging the assets reported on its
four quarterly financial statements for the preceding
year.’’ See footnote 8 of the U.S. Small Business
Administration’s Table of Size Standards.
13 The
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number. The information collection
requirements in the final rule are found
in §§ 46.6 through 46.8. The OCC
submitted the information collection
requirements to OMB at the proposed
rule stage (OMB Control No. 1557–
0343). OMB filed a comment requesting
that the OCC examine public comment
in response to the proposed rule and
include in the supporting statement of
the submission to OMB at the final rule
stage a description of how the agency
has responded to any public comments
on the information collection, including
comments on maximizing the practical
utility of the collection and minimizing
the burden. The OCC did not receive
any comments on the information
collection requirements contained in the
proposed rule and the OCC has
resubmitted them to OMB in connection
with the final rule.
Section 46.6(c) of the OCC’s stress
testing rule, as revised by this final rule,
requires that each covered institution
establish and maintain a system of
controls, oversight, and documentation,
including policies and procedures,
describing the covered institution’s
stress test practices and methodologies,
and processes for validating and
updating the covered institution’s stress
test practices. The stress testing rule
requires the board of directors of a
covered institution to approve and
review these policies at least annually.
Section 46.7(a) requires each covered
institution to report the results of their
stress tests to the OCC annually. Section
46.8(a) requires that a covered
institution publish a summary of the
results of its annual stress tests on its
website or in any other forum that is
reasonably accessible to the public.
The increase in the applicability
threshold effected by this final rule will
reduce the estimated number of
respondents for these requirements. In
addition, the final rule decreases the
frequency of these reporting,
recordkeeping, and disclosure
requirements for some institutions to
once every other year.
Title of the Collection: Stress Testing
Rules for National Banks and Federal
Savings Associations.
Frequency of Response: Annual/
biennial.
Affected Public: National banks and
federal savings associations.
Type of Review: Regular.
Estimated number of respondents: 8
(biennial testing: 4; annual testing: 4).
Estimated total annual burden: 6,240
hours.
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54475
D. Unfunded Mandates Reform Act of
1995
The OCC analyzed the final rule
under the factors set forth in the
Unfunded Mandates Reform Act of 1995
(2 U.S.C. 1532). Under this analysis, the
OCC considered whether the final rule
includes a federal mandate that may
result in the expenditure by state, local,
and Tribal governments, in the
aggregate, or by the private sector, of
$100 million or more in any one year,
adjusted annually for inflation. The
OCC has determined that there are no
expenditures for the purposes of UMRA.
Therefore, the OCC concludes that the
final rule will not result in an
expenditure of $100 million or more
annually by state, local, and tribal
governments, or by the private sector.
E. Plain Language
Section 722 of the Gramm-LeachBliley Act requires the OCC to use plain
language in all proposed and final rules
published after January 1, 2000. At the
rule proposal stage, the OCC invited
comment on how to make this rule
easier to understand. No comments
responsive to this issue were received.
F. The Congressional Review Act
Pursuant to the Congressional Review
Act, the Office of Management and
Budget’s Office of Information and
Regulatory Affairs designated this rule
as not a ‘‘major rule,’’ as defined at 5
U.S.C. 804(2).
List of Subjects in 12 CFR Part 46
Banking, banks, Capital, Disclosures,
National banks, Recordkeeping,
Reporting, Risk, Stress test.
Authority and Issuance
For the reasons stated in the
preamble, the OCC amends 12 CFR part
46 as follows:
PART 46—STRESS TESTING
1. The authority citation for part 46
continues to read as follows:
■
Authority: 12 U.S.C. 93a; 1463(a)(2);
5365(i)(2); and 5412(b)(2)(B).
2. The heading for part 46 is revised
to read as set forth above.
■ 3. Section 46.2 is amended by:
■ a. Removing the definitions for ‘‘$10
to $50 billion covered institution’’ and
‘‘$50 billion or over covered
institution’’;
■ b. Revising the definition of ‘‘Covered
institution’’;
■ c. Adding a definition for ‘‘Reporting
year’’ in alphabetical order; and
■ d. Revising the definition of
‘‘Scenarios’’.
■
E:\FR\FM\10OCR1.SGM
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Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Rules and Regulations
The revisions and addition read as
follows:
§ 46.2
■
Definitions.
*
*
*
*
*
Covered institution means a national
bank or Federal savings association with
average total consolidated assets,
calculated as required under this part,
that are greater than $250 billion.
*
*
*
*
*
Reporting year means the calendar
year in which a covered institution must
conduct, report, and publish its stress
test.
Scenarios means sets of conditions
that affect the U.S. economy or the
financial condition of a covered
institution that the OCC determines are
appropriate for use in the stress tests
under this part, including, but not
limited to, baseline and severely adverse
scenarios.
*
*
*
*
*
■ 4. Section 46.3 is amended by revising
paragraphs (b) and (c) and removing
paragraph (d).
The revisions read as follows:
§ 46.3
Applicability.
*
*
*
*
*
(b) Covered institutions that become
subject to stress testing requirements. A
national bank or Federal savings
association that becomes a covered
institution shall conduct its first stress
test under this part in the first reporting
year that begins more than three
calendar quarters after the date the
national bank or Federal savings
association becomes a covered
institution, unless otherwise determined
by the OCC in writing.
(c) Ceasing to be a covered institution
or changing categories. A covered
institution shall remain subject to the
stress test requirements until total
consolidated assets of the covered
institution falls below the relevant size
threshold for each of four consecutive
quarters as reported by the covered
institution’s most recent Call Reports,
effective on the ‘‘as of’’ date of the
fourth consecutive Call Report.
■ 5. Section 46.4 is amended by adding
a sentence at the end of paragraph (a)(2)
to read as follows:
§ 46.4
Reservation of authority.
(a) * * *
(2) * * * The OCC may also exempt
one or more covered institutions from
the requirement to conduct a stress test
in a particular reporting year.
*
*
*
*
*
■ 6. Section 46.5 is amended by:
■ a. Revising the section heading;
■ b. Removing the word ‘‘annual’’ in the
introductory text;
VerDate Sep<11>2014
16:03 Oct 09, 2019
Jkt 250001
c. Revising paragraphs (a) and (b); and
d. Adding paragraph (e).
The revisions and addition read as
follows:
■
§ 46.5
Stress testing.
*
*
*
*
*
(a) Financial data. A covered
institution must use financial data
available as of December 31 of the
calendar year prior to the reporting year.
(b) Scenarios provided by the OCC. In
conducting the stress test under this
part, each covered institution must use
the scenarios provided by the OCC. The
scenarios provided by the OCC will
reflect a minimum of two sets of
economic and financial conditions,
including baseline and severely adverse
scenarios. The OCC will provide a
description of the scenarios required to
be used by each covered institution no
later than February 15 of the reporting
year.
*
*
*
*
*
(e) Frequency. A covered institution
that is consolidated under a holding
company that is required, pursuant to
applicable regulations of the Board of
Governors of the Federal Reserve, to
conduct a stress test at least once every
calendar year must treat every calendar
year as a reporting year, unless
otherwise determined by the OCC. All
other covered institutions must treat
every even-numbered calendar year
beginning January 1, 2020 (i.e., 2022,
2024, 2026, etc.), as a reporting year,
unless otherwise determined by the
OCC.
§ 46.6
[Amended]
7. Section 46.6 is amended:
■ a. In paragraph (a)(2), by removing the
last sentence; and
■ b. In paragraph (c)(2), by removing the
word ‘‘annually’’ and adding in its place
the phrase ‘‘once every reporting year’’.
■ 8. Section 46.7 is amended by:
■ a. Revising paragraph (a);
■ b. Removing paragraph (b); and
■ c. Redesignating paragraph (c) as
paragraph (b).
The revision reads as follows:
■
§ 46.7 Reports to the Office of the
Comptroller of the Currency and the Federal
Reserve Board.
(a) Timing. A covered institution must
report to the OCC and to the Board of
Governors of the Federal Reserve
System, on or before April 5 of the
reporting year, the results of the stress
test in the manner and form specified by
the OCC.
*
*
*
*
*
■ 9. Section 46.8 is amended by:
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
a. Redesignating paragraph (a)(1) as
paragraph (a) introductory text and
revising it;
■ b. Removing paragraph (a)(2);
■ c. Redesignating paragraphs (a)(1)(i)
and (a)(1)(ii) as paragraphs (a)(1) and
(a)(2), respectively; and
■ d. In paragraph (b):
■ i. Removing the phrase ‘‘an annual
company-run’’ and adding the phrase ‘‘a
company-run’’ in its place; and
■ ii. Removing the phrase ‘‘annual stress
test’’ in the second sentence and adding
the phrase ‘‘stress test’’ in its place.
The revision reads as follows:
■
§ 46.8
Publication of disclosures.
(a) Publication date. A covered
institution must publish a summary of
the results of its stress test in the period
starting June 15 and ending July 15 of
the reporting year, provided:
*
*
*
*
*
Dated: October 2, 2019.
Joseph M. Otting,
Comptroller of the Currency.
[FR Doc. 2019–21843 Filed 10–9–19; 8:45 am]
BILLING CODE 4810–33–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 23
[Docket No. FAA–2019–0805; Special
Condition No. 23–298–SC]
Special Conditions: Diamond Aircraft
Industries of Canada Model DA–62
Airplanes; Diesel Cycle Engine
Installation
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
AGENCY:
These special conditions are
issued for the Diamond Aircraft
Industries of Canada DA–62 airplane.
This airplane will have novel or
unusual design features associated with
the installation of a diesel cycle engine
utilizing turbine fuel. The applicable
airworthiness regulations do not contain
adequate or appropriate safety standards
for this design feature. These special
conditions contain the additional safety
standards the Administrator considers
necessary to establish a level of safety
equivalent to that established by the
existing airworthiness standards.
DATES: These special conditions are
effective October 10, 2019.
The FAA must receive your
comments by November 12, 2019.
SUMMARY:
E:\FR\FM\10OCR1.SGM
10OCR1
Agencies
[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Rules and Regulations]
[Pages 54472-54476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21843]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
12 CFR Part 46
[Docket ID OCC-2018-0035]
RIN 1557-AE55
Amendments to the Stress Testing Rule for National Banks and
Federal Savings Associations
AGENCY: Office of the Comptroller of the Currency (OCC), Treasury.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The OCC is adopting a final rule to amend the OCC's company-
run stress testing requirements for national banks and Federal savings
associations, consistent with section 401 of the Economic Growth,
Regulatory Relief, and Consumer Protection Act. Specifically, the final
rule revises the minimum threshold for national banks and Federal
savings associations to conduct stress tests from $10 billion to $250
billion, revises the frequency by which certain national banks and
Federal savings associations will be required to conduct stress tests,
and reduces the number of required stress testing scenarios from three
to two.
DATES: This final rule is effective November 24, 2019.
FOR FURTHER INFORMATION CONTACT: Hein Bogaard, Lead Economic Expert,
International Analysis and Banking Condition, (202) 649-5450; or Henry
Barkhausen, Counsel, or Daniel Perez, Senior Attorney, (202) 649-5490,
Chief Counsel's Office; or for persons who are deaf or hearing-
impaired, TTY, (202) 649-5597; Office of the Comptroller of the
Currency, 400 7th Street SW, Washington, DC 20219.
SUPPLEMENTARY INFORMATION:
I. Background
Section 165(i)(2) of the Dodd-Frank Wall Street Reform and Consumer
Protection Act of 2010 (Dodd-Frank Act),\1\ as initially enacted,
required a national bank or Federal savings association (FSA)
(collectively, banks) with total consolidated assets of more than $10
billion to conduct an annual stress test. Section 165(i)(2)(B) required
these banks to provide a report to the Office of the Comptroller of the
Currency (OCC) at such time, in such form, and containing such
information as the OCC may require.\2\ In addition, section
165(i)(2)(C) required the OCC to issue regulations that establish
methodologies for banks conducting their stress test and required the
methodologies to include at least three different stress testing
scenarios: ``baseline,'' ``adverse,'' and ``severely adverse.'' \3\
---------------------------------------------------------------------------
\1\ Public Law 111-203, 124 Stat. 1376 (2010), codified at 12
U.S.C. 5365.
\2\ 12 U.S.C. 5365(i)(2)(B).
\3\ 12 U.S.C. 5365(i)(2)(C).
---------------------------------------------------------------------------
In October 2012, the OCC published in the Federal Register its rule
implementing the Dodd-Frank Act stress testing requirement (stress
testing rule).\4\ The OCC's stress testing rule established two
subgroups for covered institutions--``$10 to $50 billion covered
institutions'' and ``$50 billion or over covered institutions''--and
subjected the two subgroups to different stress test requirements and
deadlines for reporting and disclosures. In February 2018, the OCC
published a second rulemaking to implement additional technical and
conforming changes to the OCC's stress testing rule.\5\
---------------------------------------------------------------------------
\4\ 77 FR 61238 (Oct. 9, 2012).
\5\ 83 FR 7951 (Feb. 23, 2018).
---------------------------------------------------------------------------
The Economic Growth, Regulatory Relief, and Consumer Protection Act
(EGRRCPA), enacted on May 24, 2018, amends certain aspects of the
company-run stress testing requirement in section 165(i)(2) of the
Dodd-Frank Act.\6\ Specifically, section 401 of EGRRCPA raises the
minimum asset threshold for financial companies covered by the company-
run stress testing requirement from $10 billion to $250 billion in
total consolidated assets; revises the requirement that financial
companies conduct stress tests on an ``annual'' basis and instead
requires them to be ``periodic''; and no longer requires the OCC to
provide an ``adverse'' stress-testing scenario, thus reducing the
number of required stress test scenarios from three to two. The
amendments made by section 401 of EGRRCPA
[[Page 54473]]
applicable to depository institutions are effective on November 24,
2019.
---------------------------------------------------------------------------
\6\ Public Law 115-174, 132 Stat. 1296-1368 (2018).
---------------------------------------------------------------------------
II. Proposed Rule
On February 12, 2019, consistent with section 401 of EGRRCPA, the
OCC published a notice of proposed rulemaking (proposed rule or
proposal) in the Federal Register to amend the stress testing rule.\7\
The proposed rule would have revised the minimum threshold for banks to
conduct stress tests from $10 billion to $250 billion, revised the
frequency by which certain banks would be required to conduct stress
tests from annual to biennial, and reduced the number of required
stress testing scenarios from three to two by eliminating the
requirement for an adverse scenario. The proposed rule would also have
made certain additional technical and facilitating changes to the
stress testing rule.
---------------------------------------------------------------------------
\7\ 84 FR 3345 (Feb. 12, 2019).
---------------------------------------------------------------------------
In response to the proposed rule, the OCC received two substantive
comment letters. The OCC appreciates the concerns raised by these
comments but, for the reasons described below, the OCC does not believe
that they warrant changes to the proposal.
The first commenter requested that the OCC immediately eliminate
stress testing requirements that would no longer be in effect upon
finalization of the proposal or that are not appropriate for any firm
of any size. In particular, this commenter argued that the OCC should
immediately eliminate the adverse scenario from the scenarios required
for purposes of the 2019 stress test. The EGRRCPA amendments to the
stress testing requirements will become effective on November 24, 2019.
While EGRRCPA specifically provided an immediate effective date for
bank holding companies with total consolidated assets of less than
$100,000,000,000, it did not provide immediate relief for banks that
have consolidated assets above the threshold or that meet certain other
specified criteria. Accordingly, the OCC did not consider it
appropriate to eliminate this requirement from the 2019 stress tests.
The stress test scenarios for the 2019 Dodd-Frank Act stress tests were
issued in February 2019.
The second commenter argued that the OCC should not reduce the
frequency of Dodd-Frank Act stress testing from annual to biennial for
any subset of banks. The OCC believes, based on its experience
overseeing and reviewing the results of company-run stress testing,
that biennial stress testing is appropriate under most conditions for a
bank not consolidated under a holding company that is required to
conduct a stress test annually. For these covered institutions, the OCC
expects a biennial stress test to provide the OCC and the covered
institution with information that is sufficient to satisfy the purposes
of stress testing, including assisting in an overall assessment of a
covered institution's capital adequacy, identifying risks and the
potential impact of adverse financial and economic conditions on the
covered institution's capital adequacy, and determining whether
additional analytical techniques and exercises are appropriate for a
covered institution to employ in identifying, measuring, and monitoring
risks to the soundness of the covered institution. As described further
below, the OCC believes that annual stress testing is appropriate only
for depository institution subsidiaries of the largest and most complex
banking organizations. In addition, the OCC will continue to review the
covered intuition's stress testing processes and procedures.
In the event of a sudden, material change in bank or market
conditions or forecasts, the OCC retains its ability to require more
frequent stress testing, pursuant to its reservation of authority under
the OCC's stress testing rule.\8\
---------------------------------------------------------------------------
\8\ See 12 CFR 46.4.
---------------------------------------------------------------------------
II. Description of the Final Rule
The OCC is adopting the proposed revisions to the OCC's stress
testing rule without change. These revisions are described in more
detail below.
A. Covered Institutions
As described above, section 401 of EGRRCPA amends section 165 of
the Dodd-Frank Act by raising the minimum asset threshold for banks
required to conduct stress tests from $10 billion to $250 billion. The
final rule implements this change by eliminating the two existing
subcategories of ``covered institution''--``$10 to $50 billion covered
institution'' and ``$50 billion or over covered institution''--and
revising the term ``covered institution'' to mean a national bank or
FSA with average total consolidated assets greater than $250 billion.
In addition, the final rule makes certain technical changes to the rule
in order to consolidate requirements that were applied differently to
``$10 to $50 billion covered institutions'' and ``$50 billion or over
covered institutions.''
B. Frequency of Stress Testing
EGRRCPA eliminates the requirement under section 165 of the Dodd-
Frank Act for covered institutions to conduct stress tests on an
``annual'' basis and, instead, requires that they be ``periodic.'' The
term ``periodic'' is not defined in EGRRCPA. The final rule requires
that, in general, a covered institution will be required to conduct,
report, and publish a stress test once every two years, beginning on
January 1, 2020, and continuing every even-numbered year thereafter
(i.e., 2022, 2024, 2026, etc.). However, a covered institution that is
consolidated under a holding company that is required to conduct a
stress test at least once every calendar year (pursuant to regulations
of the Board of Governors of the Federal Reserve System (the Board))
will be required to conduct, report, and publish its stress test
annually. The final rule adds a new defined term, ``reporting year,''
to the definitions at Sec. 46.2. A covered institution's reporting
year is the year in which a covered institution must conduct, report,
and publish its stress test.
Subsequent to these changes, covered institutions may be subject to
either a biennial reporting year (biennial stress testing covered
institutions) or an annual reporting year (annual stress testing
covered institutions). In either case, the dates and deadlines in the
OCC's stress testing rule would be interpreted relative to the covered
institution's reporting year. For example, if a biennial stress testing
covered institution is preparing a stress test for the 2022 reporting
year, the covered institution would rely on financial data available as
of December 31, 2021; use stress test scenarios that would be provided
by the OCC no later than February 15, 2022; provide its report of the
results of the stress test to the OCC by April 5, 2022; and publish a
summary of the results of the stress test in the period starting June
15 and ending July 15 of 2022.
Under the final rule, all biennial stress testing covered
institutions will be required to conduct stress tests in the same
reporting year. By requiring these covered institutions to conduct
their stress tests in the same year, the final rule will allow the OCC
to continue to make comparisons across banks for supervisory purposes
and assess macroeconomic trends and risks to the banking industry.
Certain covered institutions will be required to conduct annual
stress tests under the final rule. This subset is limited to covered
institutions that are consolidated under holding companies that are
required to conduct stress tests more frequently than once every other
year. This treatment aligns with the OCC's, Board's, and FDIC's long-
standing policy of applying similar
[[Page 54474]]
standards to holding companies and their subsidiary banks. It also
reflects the OCC's expectation that covered institutions that will be
required to stress test on an annual basis are subsidiaries of the
largest and most systemically important holding companies.
On November 29, 2018, the Board published a proposed rule that
would establish four risk-based categories of standards for large
holding companies to determine the application of prudential standards,
including stress testing.\9\ Holding companies subject to Category I or
Category II standards would be required to conduct annual company-run
stress tests while holding companies subject to Category III standards
would be required to conduct biennial company-run stress tests.\10\
(Holding companies with less than $250 billion in consolidated assets,
including those subject to Category IV standards, would not be required
to stress test.) Because the OCC's final stress testing rule would
require a covered institution to conduct stress tests annually if its
parent holding company is required, under Board regulations, to conduct
stress tests annually, the OCC's stress testing regulation would adopt
by reference any potential changes to stress testing frequency in the
Board's regulations, including from the Board's proposed rule.
---------------------------------------------------------------------------
\9\ See ``Prudential Standards for Large Bank Holding Companies
and Savings and Loan Holding Companies,'' 83 FR 61408 (Nov. 29,
2018).
\10\ Under the Board's proposal, Category I standards would
apply to U.S. global systemically important bank holding companies
(G-SIBs). Category II standards would apply to depository holding
companies that are not G-SIBs and that have (1) $700 billion or more
in consolidated assets or (2) $100 billion or more in consolidated
assets and $75 billion or more in cross-jurisdictional activity.
Category III standards would apply to a depository holding company
that is not subject to Category II standards and that has (1) $250
billion or more in average total consolidated assets or (2) $100
billion or more in average total consolidated assets and $75 billion
or more in total consolidated assets in one of three risk
indicators.
---------------------------------------------------------------------------
C. Removal of ``Adverse'' Scenarios
Section 165(i)(2)(C) of the Dodd-Frank Act required the OCC to
establish methodologies for covered institutions conducting a stress
test and requires the methodologies to include at least three different
stress testing scenarios: ``baseline,'' ``adverse,'' and ``severely
adverse.'' Subsequently, EGRRCPA amended section 165 to no longer
require the OCC to include an ``adverse'' stress-testing scenario.
Accordingly, the final rule removes references to the ``adverse''
stress test scenario in the OCC's stress testing rule. In the OCC's
experience, the ``adverse'' stress-testing scenario has provided
limited incremental information to the OCC and market participants
beyond what the ``baseline'' and ``severely adverse'' stress testing
scenarios provide. The final rule maintains the requirement for the OCC
to conduct supervisory stress tests under both a ``baseline'' and
``severely adverse'' stress-testing scenario.
D. Transition Process for Covered Institutions
Section 46.3 of the OCC's stress testing rule provides a transition
period between when a bank becomes a covered institution and when the
bank must report the results of its first stress test. The final rule
amends the transition period in Sec. 46.3(b) to conform to the other
changes in this rulemaking, including the establishment of annual and
biennial stress testing covered institutions. Under the final rule, a
bank that becomes a covered institution will be required to conduct its
first stress test under the stress testing rule in the first reporting
year that begins more than three calendar quarters after the date the
bank becomes a covered institution, unless otherwise determined by the
OCC in writing. For example, if a covered institution that conducts
stress tests on a biennial basis becomes a covered institution on March
31 of a non-reporting year (e.g., 2023), the bank must report the
results of its first stress test in the subsequent calendar year (i.e.,
2024), which is its first reporting year. If the same bank becomes a
covered institution on April 1 of a non-reporting year, it skips the
subsequent calendar year and reports the results of its first stress
test in the next reporting year (i.e., 2026). As with other aspects of
the stress testing rule, the OCC may change the transition period for
particular covered institutions, as appropriate in light of the nature
and level of the activities, complexity, risks, operations, and
regulatory capital of the covered institutions, in addition to any
other relevant factors.
The final rule does not include a transition period for a covered
institution that moves from a biennial stress testing requirement to an
annual stress testing requirement. Accordingly, a covered institution
that becomes an annual stress testing covered institution is required
to begin stress testing annually as of the next reporting year. The OCC
expects covered institutions to anticipate and make arrangements for
this development. To the extent that particular circumstances warrant
the extension of a transition period, the OCC can extend one based on
its reservation of authority and supervisory discretion.
E. Review by Board of Directors
Section 46.6 of the stress testing rule required the board of
directors of a covered institution, or a committee thereof, to review
and approve the covered institution's stress testing policies and
procedures as frequently as economic conditions or the condition of the
institution may warrant, but no less than annually. The final rule
revises the frequency of this requirement from ``annual'' to ``once
every reporting year'' in order to align review by the board of
directors with the covered institution's stress testing cycle.
F. Reservation of Authority
Section 46.4 of the stress testing rule states the OCC's
reservation of the authority, pursuant to which the OCC may revise the
frequency and methodology of the stress testing requirement as
appropriate for particular covered institutions. The final rule
clarifies the OCC's reservation of authority by providing that the OCC
may exempt a covered institution from the requirement to conduct a
stress test in a particular reporting year.
G. Removal of Transition Language
The final rule removes certain transition language that was present
in the stress testing rule and that is no longer current. For example,
the final rule strikes the following sentence from paragraph (a)(2) of
Sec. 46.6: ``Until December 31, 2015, or such other date specified by
the OCC, a covered institution is not required to calculate its risk-
based capital requirements using the internal ratings-based and
advanced measurement approaches as set forth in 12 CFR part 3, subpart
E.''
IV. Regulatory Analysis
A. Riegle Community Development and Regulatory Improvement Act (RCDRIA)
The RCDRIA requires that the OCC, in determining the effective date
and administrative compliance requirements of new regulations that
impose additional reporting, disclosure, or other requirements on
insured depository institutions (``IDIs''), consider, consistent with
principles of safety and soundness and the public interest, any
administrative burdens that such regulations would place on depository
institutions, including small depository institutions, and customers of
depository institutions, as well as the benefits of such
regulations.\11\ In addition, in order to provide an adequate
transition period, new regulations that impose additional
[[Page 54475]]
reporting, disclosures, or other new requirements on IDIs generally
must take effect on the first day of a calendar quarter that begins on
or after the date on which the regulations are published in final
form.\12\
---------------------------------------------------------------------------
\11\ 12 U.S.C. 4802(a).
\12\ 12 U.S.C. 4802(b).
---------------------------------------------------------------------------
The final rule imposes no additional reporting, disclosure, or
other requirements on IDIs, including small depository institutions,
nor on the customers of depository institutions. The final rule reduces
the frequency of company-run stress tests for a subset of banks, raises
the threshold for covered institutions from $10 billion to $250
billion, reduces the number of required stress test scenarios from
three to two for all banks, and makes technical changes that do not
substantively IDIs or their customers. Accordingly, the RCDRIA does not
apply to the final rule.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 601 et seq. (``RFA''),
requires an agency, in connection with a final rule, to prepare a final
Regulatory Flexibility Analysis describing the impact of the final rule
on small entities (defined by the Small Business Administration
(``SBA'') for purposes of the RFA to include banking entities with
total assets of $600 million or less) or to certify that the final rule
would not have a significant economic impact on a substantial number of
small entities.
The OCC currently supervises approximately 782 small entities.\13\
Because the final rule only applies to banking organizations with total
consolidated assets greater than $10 billion, it will not impact any
OCC-supervised small entities. Therefore, the OCC certifies that the
final rule will not have a significant economic impact on a substantial
number of small entities.
---------------------------------------------------------------------------
\13\ The OCC bases its estimate of the number of small entities
on the SBA's size thresholds. For commercial banks and savings
institutions, the size threshold is $600 million. For trust
companies, the threshold is $41.5 million. Consistent with the
General Principles of Affiliation 13 CFR 121.103(a), the OCC counts
the assets of affiliated financial institutions when determining if
it should classify an OCC-supervised institution as a small entity.
The OCC uses December 31, 2018, to determine size because a
``financial institution's assets are determined by averaging the
assets reported on its four quarterly financial statements for the
preceding year.'' See footnote 8 of the U.S. Small Business
Administration's Table of Size Standards.
---------------------------------------------------------------------------
C. Paperwork Reduction Act of 1995
The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521) states
that no agency may conduct or sponsor, nor is the respondent required
to respond to, an information collection unless it displays a currently
valid Office of Management and Budget (OMB) control number. The
information collection requirements in the final rule are found in
Sec. Sec. 46.6 through 46.8. The OCC submitted the information
collection requirements to OMB at the proposed rule stage (OMB Control
No. 1557-0343). OMB filed a comment requesting that the OCC examine
public comment in response to the proposed rule and include in the
supporting statement of the submission to OMB at the final rule stage a
description of how the agency has responded to any public comments on
the information collection, including comments on maximizing the
practical utility of the collection and minimizing the burden. The OCC
did not receive any comments on the information collection requirements
contained in the proposed rule and the OCC has resubmitted them to OMB
in connection with the final rule.
Section 46.6(c) of the OCC's stress testing rule, as revised by
this final rule, requires that each covered institution establish and
maintain a system of controls, oversight, and documentation, including
policies and procedures, describing the covered institution's stress
test practices and methodologies, and processes for validating and
updating the covered institution's stress test practices. The stress
testing rule requires the board of directors of a covered institution
to approve and review these policies at least annually. Section 46.7(a)
requires each covered institution to report the results of their stress
tests to the OCC annually. Section 46.8(a) requires that a covered
institution publish a summary of the results of its annual stress tests
on its website or in any other forum that is reasonably accessible to
the public.
The increase in the applicability threshold effected by this final
rule will reduce the estimated number of respondents for these
requirements. In addition, the final rule decreases the frequency of
these reporting, recordkeeping, and disclosure requirements for some
institutions to once every other year.
Title of the Collection: Stress Testing Rules for National Banks
and Federal Savings Associations.
Frequency of Response: Annual/biennial.
Affected Public: National banks and federal savings associations.
Type of Review: Regular.
Estimated number of respondents: 8 (biennial testing: 4; annual
testing: 4).
Estimated total annual burden: 6,240 hours.
D. Unfunded Mandates Reform Act of 1995
The OCC analyzed the final rule under the factors set forth in the
Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532). Under this
analysis, the OCC considered whether the final rule includes a federal
mandate that may result in the expenditure by state, local, and Tribal
governments, in the aggregate, or by the private sector, of $100
million or more in any one year, adjusted annually for inflation. The
OCC has determined that there are no expenditures for the purposes of
UMRA. Therefore, the OCC concludes that the final rule will not result
in an expenditure of $100 million or more annually by state, local, and
tribal governments, or by the private sector.
E. Plain Language
Section 722 of the Gramm-Leach-Bliley Act requires the OCC to use
plain language in all proposed and final rules published after January
1, 2000. At the rule proposal stage, the OCC invited comment on how to
make this rule easier to understand. No comments responsive to this
issue were received.
F. The Congressional Review Act
Pursuant to the Congressional Review Act, the Office of Management
and Budget's Office of Information and Regulatory Affairs designated
this rule as not a ``major rule,'' as defined at 5 U.S.C. 804(2).
List of Subjects in 12 CFR Part 46
Banking, banks, Capital, Disclosures, National banks,
Recordkeeping, Reporting, Risk, Stress test.
Authority and Issuance
For the reasons stated in the preamble, the OCC amends 12 CFR part
46 as follows:
PART 46--STRESS TESTING
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1. The authority citation for part 46 continues to read as follows:
Authority: 12 U.S.C. 93a; 1463(a)(2); 5365(i)(2); and
5412(b)(2)(B).
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2. The heading for part 46 is revised to read as set forth above.
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3. Section 46.2 is amended by:
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a. Removing the definitions for ``$10 to $50 billion covered
institution'' and ``$50 billion or over covered institution'';
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b. Revising the definition of ``Covered institution'';
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c. Adding a definition for ``Reporting year'' in alphabetical order;
and
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d. Revising the definition of ``Scenarios''.
[[Page 54476]]
The revisions and addition read as follows:
Sec. 46.2 Definitions.
* * * * *
Covered institution means a national bank or Federal savings
association with average total consolidated assets, calculated as
required under this part, that are greater than $250 billion.
* * * * *
Reporting year means the calendar year in which a covered
institution must conduct, report, and publish its stress test.
Scenarios means sets of conditions that affect the U.S. economy or
the financial condition of a covered institution that the OCC
determines are appropriate for use in the stress tests under this part,
including, but not limited to, baseline and severely adverse scenarios.
* * * * *
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4. Section 46.3 is amended by revising paragraphs (b) and (c) and
removing paragraph (d).
The revisions read as follows:
Sec. 46.3 Applicability.
* * * * *
(b) Covered institutions that become subject to stress testing
requirements. A national bank or Federal savings association that
becomes a covered institution shall conduct its first stress test under
this part in the first reporting year that begins more than three
calendar quarters after the date the national bank or Federal savings
association becomes a covered institution, unless otherwise determined
by the OCC in writing.
(c) Ceasing to be a covered institution or changing categories. A
covered institution shall remain subject to the stress test
requirements until total consolidated assets of the covered institution
falls below the relevant size threshold for each of four consecutive
quarters as reported by the covered institution's most recent Call
Reports, effective on the ``as of'' date of the fourth consecutive Call
Report.
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5. Section 46.4 is amended by adding a sentence at the end of paragraph
(a)(2) to read as follows:
Sec. 46.4 Reservation of authority.
(a) * * *
(2) * * * The OCC may also exempt one or more covered institutions
from the requirement to conduct a stress test in a particular reporting
year.
* * * * *
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6. Section 46.5 is amended by:
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a. Revising the section heading;
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b. Removing the word ``annual'' in the introductory text;
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c. Revising paragraphs (a) and (b); and
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d. Adding paragraph (e).
The revisions and addition read as follows:
Sec. 46.5 Stress testing.
* * * * *
(a) Financial data. A covered institution must use financial data
available as of December 31 of the calendar year prior to the reporting
year.
(b) Scenarios provided by the OCC. In conducting the stress test
under this part, each covered institution must use the scenarios
provided by the OCC. The scenarios provided by the OCC will reflect a
minimum of two sets of economic and financial conditions, including
baseline and severely adverse scenarios. The OCC will provide a
description of the scenarios required to be used by each covered
institution no later than February 15 of the reporting year.
* * * * *
(e) Frequency. A covered institution that is consolidated under a
holding company that is required, pursuant to applicable regulations of
the Board of Governors of the Federal Reserve, to conduct a stress test
at least once every calendar year must treat every calendar year as a
reporting year, unless otherwise determined by the OCC. All other
covered institutions must treat every even-numbered calendar year
beginning January 1, 2020 (i.e., 2022, 2024, 2026, etc.), as a
reporting year, unless otherwise determined by the OCC.
Sec. 46.6 [Amended]
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7. Section 46.6 is amended:
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a. In paragraph (a)(2), by removing the last sentence; and
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b. In paragraph (c)(2), by removing the word ``annually'' and adding in
its place the phrase ``once every reporting year''.
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8. Section 46.7 is amended by:
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a. Revising paragraph (a);
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b. Removing paragraph (b); and
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c. Redesignating paragraph (c) as paragraph (b).
The revision reads as follows:
Sec. 46.7 Reports to the Office of the Comptroller of the Currency
and the Federal Reserve Board.
(a) Timing. A covered institution must report to the OCC and to the
Board of Governors of the Federal Reserve System, on or before April 5
of the reporting year, the results of the stress test in the manner and
form specified by the OCC.
* * * * *
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9. Section 46.8 is amended by:
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a. Redesignating paragraph (a)(1) as paragraph (a) introductory text
and revising it;
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b. Removing paragraph (a)(2);
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c. Redesignating paragraphs (a)(1)(i) and (a)(1)(ii) as paragraphs
(a)(1) and (a)(2), respectively; and
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d. In paragraph (b):
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i. Removing the phrase ``an annual company-run'' and adding the phrase
``a company-run'' in its place; and
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ii. Removing the phrase ``annual stress test'' in the second sentence
and adding the phrase ``stress test'' in its place.
The revision reads as follows:
Sec. 46.8 Publication of disclosures.
(a) Publication date. A covered institution must publish a summary
of the results of its stress test in the period starting June 15 and
ending July 15 of the reporting year, provided:
* * * * *
Dated: October 2, 2019.
Joseph M. Otting,
Comptroller of the Currency.
[FR Doc. 2019-21843 Filed 10-9-19; 8:45 am]
BILLING CODE 4810-33-P