Statement of Policy Regarding Minority Depository Institutions, 60402-60407 [2020-18816]

Download as PDF 60402 Federal Register / Vol. 85, No. 187 / Friday, September 25, 2020 / Proposed Rules shall request and retain the monitoring information required by Regulation B of the Bureau of Consumer Financial Protection (12 CFR part 1002). § 338.8 Compilation of loan data in register format. FDIC-supervised institutions and other lenders required to file a Home Mortgage Disclosure Act loan application register (LAR) with the Federal Deposit Insurance Corporation shall collect, record and report such LAR in accordance with Regulation C of the Bureau of Consumer Financial Protection (12 CFR part 1003). § 338.9 entity. Mortgage lending of a controlled PART 390—REGULATIONS TRANSFERRED FROM THE OFFICE OF THRIFT SUPERVISION 2. The authority citation for part 390 is revised to read as follows: khammond on DSKJM1Z7X2PROD with PROPOSALS ■ Authority: 12 U.S.C. 1819. Subpart F also issued under 5 U.S.C. 552; 559; 12 U.S.C. 2901 et seq. Subpart O also issued under 12 U.S.C. 1828. Subpart Q also issued under 12 U.S.C. 1462; 1462a; 1463; 1464. Subpart W also issued under 12 U.S.C. 1462a; 1463; 1464; 15 U.S.C. 78c; 78l; 78m; 78n; 78p; 78w. Subpart Y also issued under 12 U.S.C. 1831o. Subpart G—[Removed and Reserved] 3. Remove and reserve subpart G, consisting of §§ 390.140 through 390.150. Federal Deposit Insurance Corporation. By order of the Board of Directors. VerDate Sep<11>2014 18:00 Sep 24, 2020 Jkt 250001 posted without change to https:// www.fdic.gov/regulations/laws/federal/, including any personal information provided. [FR Doc. 2020–18813 Filed 9–24–20; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 6714–01–P Misty Mobley, Senior Review Examiner, Division of Risk Management and Supervision, (202) 898–3771, mimobley@fdic.gov; Lauren Whitaker, Senior Attorney, Legal Division, (202) 898–3872, lwhitaker@fdic.gov; or Gregory Feder, Counsel, Legal Division, (202) 898–8724, gfeder@fdic.gov, Federal Deposit Insurance Corporation, 550 17th Street NW, Washington, DC 20429. For the hearing impaired only, TDD users may contact (202) 925–4618. SUPPLEMENTARY INFORMATION: FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Chapter III RIN 3064–ZA19 Statement of Policy Regarding Minority Depository Institutions Federal Deposit Insurance Corporation (FDIC). ACTION: Proposed revisions to statement of policy; request for comment. AGENCY: Any bank which refers any applicants to a controlled entity and which purchases any covered loan as defined in Regulation C of the Bureau of Consumer Financial Protection (12 CFR part 1003) originated by the controlled entity, as a condition to transacting any business with the controlled entity, shall require the controlled entity to enter into a written agreement with the bank. The written agreement shall provide that the entity shall: (a) Comply with the requirements of §§ 338.3, 338.4, and 338.7, and, if otherwise subject to Regulation C of the Bureau of Consumer Financial Protection (12 CFR part 1003), § 338.8; (b) Open its books and records to examination by the Federal Deposit Insurance Corporation; and (c) Comply with all instructions and orders issued by the Federal Deposit Insurance Corporation with respect to its home loan practices. ■ Dated at Washington, DC, on August 21, 2020. James P. Sheesley, Acting Assistant Executive Secretary. The FDIC is proposing to revise its Statement of Policy Regarding Minority Depository Institutions. Section 308 of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 established several goals related to encouraging, assisting, and preserving minority depository institutions. The FDIC has long recognized the unique role and importance of minority depository institutions and has historically taken steps to preserve and encourage minority-owned and minority-led financial institutions. The revised Statement of Policy updates, strengthens, and clarifies the agency’s policies and procedures related to minority depository institutions. DATES: Written comments must be received on or before November 24, 2020. SUMMARY: Interested parties are encouraged to submit written comments. Commenters are encouraged to use the title ‘‘Statement of Policy Regarding Minority Depository Institutions’’ to facilitate the organization and distribution of comments. You may submit comments, identified by RIN 3064–ZA19, by any of the following methods: • Agency Website: https:// www.fdic.gov/regulations/laws/federal/. Follow the instructions for submitting comments on the FDIC’s website. • Email: comments@fdic.gov. Include RIN 3064–ZA19 in the subject line of the message. • Mail: Robert E. Feldman, Executive Secretary, Attention: Comments/Legal ESS, Federal Deposit Insurance Corporation, 550 17th Street NW, Washington, DC 20429. Instructions: Comments submitted must include ‘‘FDIC’’ and ‘‘RIN 3064– ZA19.’’ Comments received will be ADDRESSES: PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 Table of Contents I. Background II. Revisions to the Proposed Statement of Policy III. Proposed Statement of Policy Regarding Minority Depository Institutions IV. Administrative Matters I. Background Section 308 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA) 1 established several goals related to minority depository institutions (MDIs): (1) Preserving the number of MDIs; (2) preserving the minority character in cases of merger or acquisition; (3) providing technical assistance to prevent insolvency of institutions not now insolvent; (4) promoting and encouraging creation of new MDIs; and (5) providing for training, technical assistance, and education programs. On April 3, 1990, the Board of Directors of the Federal Deposit Insurance Corporation (FDIC Board and FDIC, respectively) adopted the Policy Statement on Encouragement and Preservation of Minority Ownership of Financial Institutions (1990 Policy Statement). The framework for the 1990 Policy Statement resulted from key provisions contained in Section 308 of FIRREA. The 1990 Policy Statement provided information to the public and minority banking industry regarding the agency’s efforts in achieving the goals of Section 308. During the 1990s, many MDIs continued to underperform industry averages for profitability and experience failure rates that were significantly higher than those of the industry overall. In order to discuss the challenges that MDIs faced, and identify 1 Public Law 101–73, title III, § 308, Aug. 9, 1989, 103 Stat. 353, as amended by Public Law 111–203, title III, § 367(4), July 21, 2010, 124 Stat. 1556, codified at 12 U.S.C. 1463 note. E:\FR\FM\25SEP1.SGM 25SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 187 / Friday, September 25, 2020 / Proposed Rules best practices and possible ways the regulatory agencies could promote and preserve MDIs, the FDIC and other banking regulatory agencies—with assistance from several minority bank trade associations—invited officers from 156 MDIs to participate in a ‘‘Bankers and Supervisors Regulatory Forum’’ held in March of 2001. Approximately 70 bankers attended. The FDIC also formed an Interdivisional Working Group to consider measures to modernize the policies and procedures related to MDIs. The working group incorporated many suggestions from the March 2001 forum into a revised Policy Statement Regarding Minority Depository Institutions, issued by the FDIC, after notice and comment, in April of 2002 (2002 Policy Statement).2 The FDIC issued the 2002 Policy Statement to provide additional information regarding the FDIC’s initiatives related to Section 308. The 2002 Policy Statement provided a more structured framework that set forth initiatives of the FDIC to promote the preservation of, as well as to provide technical assistance, training, and educational programs for, MDIs by working with those institutions, their trade associations, and the other federal financial regulatory agencies. Over the years, the FDIC has continued to modify and enhance its MDI Program to better carry out the FDIC’s efforts to meet the goals in Section 308 of FIRREA. The revisions in the proposed Statement of Policy are intended, in part, to strengthen and improve the various aspects of the MDI Program and how each component of the MDI Program is carried out by various responsible entities that are part of the MDI Program. The proposed revisions to the 2002 Policy Statement reflected in the proposed Statement of Policy describe the FDIC’s enduring and strengthened commitment to, and engagement with, MDIs in furtherance of its goal of preserving and promoting MDIs. In 2019, the FDIC established a new MDI Subcommittee of the Advisory Committee on Community Banking (CBAC). The MDI Subcommittee held its inaugural meeting in December 2019. There are nine executives serving as members of the MDI Subcommittee, representing African American, Native American, Hispanic American, and Asian American MDIs across the country. The MDI Subcommittee provides recommendations regarding the FDIC’s MDI Program to the CBAC for consideration. The MDI Subcommittee 2 67 FR 18618 (Apr. 16, 2002). VerDate Sep<11>2014 18:00 Sep 24, 2020 Jkt 250001 serves as a source of feedback with regard to the FDIC’s efforts to fulfill its statutory goals to preserve and promote MDIs; provides a platform for MDIs to promote collaboration, partnerships, and best practices; and identifies ways to highlight the work of MDIs in their communities. The FDIC published, also in 2019, an MDI research study, which explores changes in MDIs, their role in the financial services industry, and their impact on the communities they serve.3 The study period covered 2001 to 2018 and looked at the demographics, structural change, geography, financial performance, and social impact of MDIs. Additionally, to discuss the challenges that MDIs face, provide information on best practices, and collaborate on possible ways the regulatory agencies can promote and preserve MDIs, in June of 2019, the FDIC hosted the Interagency MDI and Community Development Financial Institution (CDFI) Bank Conference, Focus on the Future: Prospering in a Changing Industry, in collaboration with the Office of the Comptroller of Currency and the Board of Governors of the Federal Reserve System. More than 80 MDI and CDFI bankers, representing 61 banks, attended the two-day conference.4 All of these various efforts by the FDIC to enhance its MDI Program have informed the proposed revisions to the Statement of Policy. The FDIC has received suggestions from bankers at outreach and trade association meetings as well as feedback from the June 2019 conference. The MDI Subcommittee has also provided feedback to the CBAC for consideration and recommendation to the FDIC. Many of these suggestions and feedback have been incorporated into the revised Statement of Policy. The following section summarizes the significant changes from the 2002 Policy Statement. II. Revisions to the Policy Statement The FDIC is proposing to revise its MDI Policy Statement in the following areas: Technical assistance and other engagement. The proposed Statement of Policy clarifies that technical assistance is not a supervisory activity and is not 3 See FDIC MDI research study, published June 2019, Minority Depository Institutions: Structure, Performance, and Social Impact, https:// www.fdic.gov/regulations/resources/minority/2019mdi-study/full.pdf. 4 See Chairman Jelena McWilliams Keynote Remarks, MDI and Community Development Financial Institution bank conference, Focus on the Future: Prospering in a Changing Industry, https:// www.youtube.com/watch?v=o0H6Ko00qTk& feature=youtu.be. PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 60403 intended to present additional regulatory burden. Further, the proposed Statement of Policy states that examination teams will not view requests for, or acceptance of, technical assistance negatively when evaluating institution performance or assigning ratings. FDIC outreach. The proposed Statement of Policy was updated to provide additional outreach opportunities, including with the Chairman’s office and the National Director for Minority and Community Development Banking. MDI Subcommittee. The proposed Statement of Policy describes the newly established FDIC MDI Subcommittee of the CBAC, which serves as source of feedback on FDIC strategies to fulfill statutory goals to preserve and promote MDIs. The MDI Subcommittee may also make recommendations or offer ideas to the CBAC for consideration and presentation to the FDIC. The MDI Subcommittee provides a platform for MDIs to promote collaboration, partnerships, and best practices. The MDI Subcommittee also identifies ways to highlight the work of MDIs in their communities. 1. The FDIC requests comment on other methods to identify and provide engagement opportunities that would be beneficial to MDIs. Definitions. The proposed Statement of Policy adds definitions for terms used in the MDI Program: Technical assistance, training and education, and outreach. Technical assistance is defined as individual assistance that a regulator will provide to a MDI in response to an institution’s request for assistance in addressing specific areas of concern. The proposed Statement of Policy also notes that technical assistance is a tool to provide on-going support to institutions in an effort to facilitate timely implementation of recommendations, full understanding of regulatory requirements, and in some instances, the viability of the institution. Training and education programs consist of instruction designed to impart proficiency or skills related to a particular job, process, or regulatory policy. This training and education can be provided in person, through webinars or conference calls, or in a conference setting. Outreach consists of FDIC representatives meeting with financial institutions with a primary focus of building relationships and open communication and providing information and resources. Outreach is generally offered by the FDIC and can include meetings between financial institution management and senior FDIC management. E:\FR\FM\25SEP1.SGM 25SEP1 khammond on DSKJM1Z7X2PROD with PROPOSALS 60404 Federal Register / Vol. 85, No. 187 / Friday, September 25, 2020 / Proposed Rules 2. The FDIC invites comment on the definitions assigned to technical assistance, training and education, and outreach. Reporting. The proposed Statement of Policy updates the reporting requirements of the FDIC’s MDI Program, including the Annual Report to Congress on the Preservation and Promotion of Minority Depository Institutions pursuant to Section 367 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 and Section 308 of FIRREA. The Section 367 requirements were enacted since the Statement of Policy was last updated in 2002. 3. The FDIC invites the public to comment on the types of information that would be helpful and beneficial to include in annual reports or the MDI Program website regarding the MDI Program. Measurement of effectiveness. The proposed Statement of Policy also establishes new requirements to measure the effectiveness of the MDI Program. The National Director and the regional office staff will routinely solicit feedback from MDIs to assess the effectiveness of the FDIC’s technical assistance, training and education, and outreach efforts and the MDI Program in general. The FDIC will track instances of technical assistance, training and education, and outreach and solicit feedback on the effectiveness of these activities by administering periodic surveys and holding discussions with bank management. 4. The FDIC invites the public to comment on other methods to identify and provide technical assistance, outreach, and training and education resources that would be beneficial to MDIs. Examinations. The proposed Statement of Policy adds a description of how the FDIC applies rating systems at examinations of MDIs. Specifically, the proposed Statement of Policy describes how the Uniform Financial Rating System (UFIRS) and the Uniform Interagency Consumer Compliance Rating System (UICCR) are designed to reflect an assessment of the individual institution, including its size and sophistication, the nature and complexity of its business activities, and its risk profile rather than a comparison to peer institutions 5. The FDIC invites comment on whether this approach to incorporate specific considerations when examining MDIs is clear and understandable. VerDate Sep<11>2014 18:00 Sep 24, 2020 Jkt 250001 III. Proposed Statement of Policy Regarding Minority Depository Institutions minority and the community that the institution serves is predominantly minority. The text of the proposed Statement of Policy follows: The FDIC has long recognized the importance of minority depository institutions in the financial system and their unique role in promoting the economic viability of minority and under-served communities. The FDIC historically has implemented programs to preserve and promote these financial institutions. This Statement of Policy describes the framework the FDIC has put into place and the initiatives the FDIC will undertake to fulfill its statutory goals with respect to minority depository institutions (MDI Program). Identification of Minority Depository Institutions To ensure that all minority depository institutions are able to participate in the MDI Program, the FDIC will maintain a list of Federally insured minority depository institutions. Institutions that are not already identified as minority depository institutions can request to be designated as such by certifying that they meet the above definition. For institutions supervised directly by the FDIC, examiners will review the appropriateness of their inclusion on the list during the examination process. In addition, case managers in regional offices will note changes to the list while processing deposit insurance applications, merger applications, change of control notices, or failures of minority depository institutions. The FDIC will work closely with the other Federal banking regulators to ensure that institutions not directly supervised by the FDIC are accurately captured on the list. In addition, the FDIC will periodically provide the list to relevant trade associations and seek input regarding the accuracy of the list. Inclusion in the FDIC’s MDI Program is voluntary. Any minority depository institution not wishing to participate in the MDI Program will be removed from the official list upon request. Statutory Framework In August 1989, Congress enacted the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA). Section 308 of FIRREA established the following goals: • Preserve the number of minority depository institutions; • Preserve the minority character in cases of merger or acquisition; • Provide technical assistance to prevent insolvency of institutions not now insolvent; • Promote and encourage creation of new minority depository institutions; and • Provide for training, technical assistance, and educational programs. Definitions Section 308 of FIRREA defines ‘‘minority depository institution’’ as any Federally insured depository institution where 51 percent or more of the voting stock is owned by one or more ‘‘socially and economically disadvantaged individuals.’’ ‘‘Minority,’’ as defined by Section 308 of FIRREA, means any ‘‘Black American, Native American, Hispanic American, or Asian American.’’ Therefore, for the purposes of this Statement of Policy, ‘‘minority depository institution’’ is defined as any Federally insured depository institution where 51 percent or more of the voting stock is owned by minority individuals. This includes institutions collectively owned by a group of minority individuals, such as a Native American Tribe. Ownership must be by U.S. citizens or permanent legal U.S. residents to be counted in determining minority ownership. In addition to the institutions that meet the ownership test, for the purposes of this Statement of Policy, institutions will be considered minority depository institutions if a majority of the Board of Directors is PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 Organizational Structure The FDIC has designated a national director for the FDIC’s MDI Program in the Washington Office and a regional coordinator in each Regional Office. The national director will consult with officials from the following FDIC Divisions to ensure appropriate personnel are involved and resources are made available with regard to MDI Program initiatives: Division of Risk Management Supervision, Division of Depositor and Consumer Protection, Division of Resolutions and Receiverships, Division of Insurance and Research, Legal Division, and the Office of Minority and Women Inclusion. The national director will also consult with other organizations within the FDIC as appropriate. As the primary Federal regulator for State nonmember banks and State savings associations, the FDIC will focus its efforts on minority depository institutions with those charters. However, the national director will meet periodically with the other Federal banking regulators to discuss each agency’s outreach efforts, to share ideas, and to identify opportunities where the E:\FR\FM\25SEP1.SGM 25SEP1 Federal Register / Vol. 85, No. 187 / Friday, September 25, 2020 / Proposed Rules agencies can work together to assist minority depository institutions. Representatives of other divisions and offices may participate in these meetings. khammond on DSKJM1Z7X2PROD with PROPOSALS Engagement With Minority Depository Institutions The FDIC’s MDI Program will provide for continual engagement with minority depository institutions through ongoing interaction with the Washington, Regional, and Field Office staff. This interaction includes providing technical assistance to share information and expertise on supervisory topics, outreach initiatives to provide opportunities for open dialogue with senior FDIC staff, and training initiatives to offer opportunities to gain additional knowledge about specific regulatory requirements. Further, trade associations affiliated with minority depository institutions serve as a significant resource in identifying specific interests or concerns for those institutions. The national director will regularly contact minority depository institution trade associations to seek feedback on the FDIC’s efforts under the MDI Program, discuss possible training initiatives, and explore options for promoting and preserving minority depository institutions. The national director and the regional coordinators also will solicit information from trade associations and other organizations about groups that may be interested in establishing new minority depository institutions. FDIC representatives will be available to address such groups to discuss the application process, the requirements of becoming FDIC insured, and the various programs supporting minority depository institutions. The regional coordinators will contact all new minority state nonmember banks and state savings associations identified through insurance applications, merger applications, or change in control notices to familiarize the institutions with the resources available through the MDI Program. Technical Assistance Technical assistance, as defined by the FDIC’s MDI Program, is individual assistance that a regulator will provide to a minority depository institution in response to an institution’s request for assistance in understanding supervisory topics or findings. At any time, the FDIC will share information and expertise with bank management on various topics including, but not limited to, understanding bank regulations, FDIC policies, examination procedures, accounting practices, supervisory VerDate Sep<11>2014 18:00 Sep 24, 2020 Jkt 250001 recommendations, risk management procedures, and compliance management procedures. In providing technical assistance, FDIC staff will not actually perform tasks expected of an institution’s management or employees. For example, FDIC staff may explain Call Report instructions as they relate to specific accounts, but will not assist in preparing an institution’s Call Report. FDIC staff may provide information on community reinvestment opportunities, but will not recommend a specific transaction. An institution can contact its field office representatives, case manager, or review examiner to request technical assistance. In addition, the regional coordinators and the institution’s assigned case manager and review examiner are knowledgeable about minority bank issues and are available to answer questions or to direct inquiries to the appropriate FDIC office or staff member with expertise on the subject for response. Case managers can explain the application process and the type of analysis and information required for different applications. Field office representatives also serve as a significant resource to minority depository institutions by readily answering examination related questions and explaining regulatory requirements. Other staff members within the FDIC with expertise in various regulatory topics will also be available to share knowledge to assist minority depository institutions in complying with regulations or implementing supervisory recommendations. During examinations, the FDIC expects examiners to fully explain supervisory recommendations and offer to help management understand satisfactory methods to address such recommendations. At the conclusion of each examination of a minority depository institution directly supervised by the FDIC, the FDIC will be available to return to the institution to provide technical assistance by reviewing areas of concern or topics of interest to the institution. The purpose of return visits is to assist management in understanding and implementing examination recommendations, not to identify new problems. Technical assistance is a tool to provide on-going support to institutions in an effort to ensure timely implementation of recommendations, full understanding of regulatory requirements, and in some instances, the viability of the institution. Technical assistance is not a supervisory activity and is not intended to present additional regulatory burden. Further, PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 60405 examination teams will not view requests for, or acceptance of, technical assistance negatively when evaluating institution performance or assigning ratings. Outreach Outreach, as defined by the FDIC’s MDI Program, consists of FDIC representatives meeting with financial institutions with a primary focus of building relationships and open communication and providing information and resources. Outreach is generally offered by the FDIC and can include meetings between financial institution management and senior FDIC management. The FDIC maintains an MDI Subcommittee of its Advisory Committee on Community Banking (CBAC) comprised of executives of minority depository institutions. The MDI Subcommittee serves as a source of feedback on FDIC strategies to fulfill statutory goals to preserve and promote minority depository institutions. The MDI Subcommittee may also make recommendations or offer ideas to the CBAC for consideration and presentation to the FDIC. The MDI Subcommittee provides a platform for minority depository institutions to promote collaboration, partnerships, and best practices. The Subcommittee will also identify ways to highlight the work of minority depository institutions in their communities. Executives and staff in the FDIC’s regional offices will communicate regularly with each minority depository institution to outline the FDIC’s efforts to promote and preserve minority depository institutions; will offer annually to have a member of regional management meet with the institution’s board of directors to discuss issues of interest, including through roundtable discussions and training sessions; and will seek input regarding any training or other technical assistance the institution may desire. The FDIC will explore opportunities to facilitate collaboration and partnering initiatives among minority depository institutions or between minority depository institutions and nonminority depository institutions. The FDIC recognizes that by facilitating these collaborative relationships, institutions can have opportunities to better meet the needs of their communities. Training and Educational Programs Training and educational programs, as defined by the FDIC’s MDI program, consist of instruction designed to impart proficiency or skills related to a E:\FR\FM\25SEP1.SGM 25SEP1 60406 Federal Register / Vol. 85, No. 187 / Friday, September 25, 2020 / Proposed Rules particular job, process, or regulatory policy. The FDIC will work with other banking regulatory agencies and trade associations representing minority depository institutions to periodically assess the need for, and provide for, training and educational opportunities. The FDIC will partner with other Federal banking agencies and trade associations to offer training programs. This training and education can be provided in person, through webinars or conference calls, or in a conference setting. Reporting The regional coordinators will report regional office activities related to the MDI Program to the national director quarterly. The national director will develop a comprehensive report on all MDI Program activities and submit the report quarterly to the Chairman. The FDIC’s efforts to preserve and promote minority depository institutions will also be highlighted in the FDIC’s Annual Report and the Annual Report to Congress on the Preservation and Promotion of Minority Depository Institutions pursuant to Section 367 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 and Section 308 of FIRREA. khammond on DSKJM1Z7X2PROD with PROPOSALS Measuring Program Effectiveness The national director and the regional office staff will routinely solicit feedback from minority depository institutions to assess the effectiveness of the FDIC’s technical assistance, outreach, and training/education efforts and the MDI Program in general. The FDIC will track instances of technical assistance, outreach, and training and education and solicit feedback on the effectiveness of these activities by administering periodic surveys and holding discussions with bank management. Examinations All insured institutions must be operated in a safe and sound manner, in accordance with FDIC’s regulations. Likewise, all examinations must be conducted within the parameters of FDIC exam policies and should consistently measure the risk an institution poses to the FDIC’s deposit insurance fund. Notwithstanding, and consistent with the Uniform Financial Institutions Rating System (UFIRS) and the Uniform Interagency Consumer Compliance Rating System (UICCR), examiners are expected to recognize the distinctive characteristics and differences in core objectives of each financial institution and to consider those unique factors when evaluating an VerDate Sep<11>2014 18:00 Sep 24, 2020 Jkt 250001 institution’s financial condition and risk management practices. Under the UFIRS and UICCR, each financial institution is assigned a composite rating based on an evaluation of specific components, which are also rated. For UFIRS, these component ratings reflect an institution’s capital adequacy, asset quality, management capabilities, earnings sufficiency, liquidity position, and sensitivity to market risk (commonly referred to as the CAMELS ratings). Likewise, the UICCR is organized under broad components that assess the institution’s board and management oversight, compliance program, and violations of law and consumer harm. The uniform rating systems and evaluation and rating criteria are specific to the examination types performed. Further, the assignment of the rating is based solely on the subject institution’s individual performance under the specific components. Management practices, particularly as they relate to risk management, vary considerably among financial institutions depending on size and sophistication, the nature and complexity of business activities, and risk profile. Each institution must properly manage risks and have appropriate policies, processes, or practices in place that management follows and uses. Activities undertaken in a less complex institution engaging in less sophisticated risk-taking activities may only need basic management and control systems compared to the detailed and formalized systems and controls used for the broader and more complex range of activities undertaken at a larger and more complex institution. Peer comparison data are not included in the rating systems. The principal reason is to avoid over reliance on statistical comparisons to justify the component rating being assigned. This is very important when evaluating minority depository institutions due to their unique characteristics. For example, many minority depository institutions were established to serve an otherwise underserved market. High profitability may not be as essential to the organizers and shareholders of the institution. Instead, community development, improving consumer services, and promoting banking services to the unbanked or under-banked segment of its community may drive many of the organization’s decisions. The UFIRS allows for consideration of the characteristics by considering not only the level of an institution’s earnings, but also the trend and stability of earnings, the ability to PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 provide for adequate capital, the quality and sources of earnings, and the adequacy of budgeting systems. Examiners are instructed to consider all relevant factors when assigning a component rating. The rating systems are designed to reflect an assessment of the individual institution, including its size and sophistication, the nature and complexity of its business activities, and risk profile. Failing Institutions The FDIC will attempt to preserve the minority character of failing institutions during the resolution process. In the event of a potential failure of a minority depository institution, the Division of Resolutions and Receiverships will contact all minority depository institutions nationwide that qualify to bid on failing institutions. The Division of Resolutions and Receiverships will solicit qualified minority depository institutions’ interest in the failing institution, discuss the bidding process, and offer to provide technical assistance regarding completion of the bid forms. In addition, the Division of Resolutions and Receiverships, with assistance from the Office of Minority and Women Inclusion, will maintain a list of minority individuals and nonbank entities that have expressed an interest in acquiring failing minority depository institutions and have been pre-approved by the Division of Risk Management Supervision and the chartering authority for access to the FDIC’s virtual data room for online due diligence. Internet Site The FDIC will maintain a website to promote the MDI Program. Among other things, the website will describe the tools and resources available under the program. The website will include the name, phone number, and email address of the national director, each regional coordinator, and additional staff. The website will also contain links to the list of minority depository institutions, pertinent trade associations, and other Federal agency programs. The FDIC will also explore the feasibility and usefulness of posting other items to the page, such as statistical information and comparative data for minority depository institutions. Visitors will have the opportunity to provide feedback regarding the FDIC’s program and the usefulness of the website. IV. Administrative Law Matters The Paperwork Reduction Act of 1995 (PRA) 5 states that no agency may conduct or sponsor, nor is the 5 44 E:\FR\FM\25SEP1.SGM U.S.C. 3501, et seq. 25SEP1 Federal Register / Vol. 85, No. 187 / Friday, September 25, 2020 / Proposed Rules respondent required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The proposed Statement of Policy Regarding Minority Depository Institutions does not create any new or revise any existing information collections pursuant to the PRA. Rather, any reporting, recordkeeping, or disclosure activities mentioned in the proposed Statement of Policy Regarding Minority Depository Institutions are usual and customary and should occur in the normal course of business as defined in the PRA.6 Consequently, no submissions will be made to the OMB for review. 6. The agencies request comment on its conclusion that this aspect of the proposed Statement of Policy Regarding Minority Depository Institutions does not create any new or revise any existing information collections. Federal Deposit Insurance Corporation. By order of the Board of Directors. Dated at Washington, DC, on August 21, 2020. James P. Sheesley, Acting Assistant Executive Secretary. [FR Doc. 2020–18816 Filed 9–24–20; 8:45 am] BILLING CODE 6714–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R06–OAR–2020–0434; FRL–10014– 56–Region 6] Approval of Texas Air Quality Plans; Clean Data Determination for the 2010 1-Hour Primary Sulfur Dioxide National Ambient Air Quality Standard; Anderson and Freestone Counties and Titus County Nonattainment Areas The Environmental Protection Agency (EPA) is proposing to determine that the Anderson and Freestone Counties and the Titus County nonattainment areas, in Texas, have attained the 2010 1-hour primary Sulfur Dioxide (SO2) National Ambient Air Quality Standard (NAAQS) per the EPA’s Clean Data Policy. The primary sources of SO2 emissions in these counties have permanently shut down and as a result air quality in these areas is now meeting the NAAQS for SO2. This proposed determination is khammond on DSKJM1Z7X2PROD with PROPOSALS 65 CFR 1320.3(b)(2). VerDate Sep<11>2014 18:00 Sep 24, 2020 Jkt 250001 Comments must be received on or before October 26, 2020. DATES: Submit your comments, identified by Docket ID No. EPA–R06– OAR–2020–0434, to https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact Robert Imhoff, (214) 665–7262, Imhoff.Robert@epa.gov. For, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/ commenting-epa-dockets. Docket: The index to the docket for this action is available electronically at www.regulations.gov. While all documents in the docket are listed in the index, some information may not be publicly available due to docket file size restrictions or content (e.g., CBI). ADDRESSES: FOR FURTHER INFORMATION CONTACT: Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: supported by monitoring data from within or near to the nonattainment areas, emissions data and an evaluation of previous modeling. Robert Imhoff, EPA Region 6 Office, SO2 and Regional Haze Branch, (214) 665– 7262, or by email at Imhoff.Robert@ epa.gov. Out of an abundance of caution for members of the public and our staff, the EPA Region 6 office will be closed to the public to reduce the risk of transmitting COVID–19. We encourage the public to submit comments via https://www.regulations.gov, as there will be a delay in processing mail and no courier or hand deliveries will be accepted. Please call or email the contact listed above if you need alternative access to material indexed but not provided in the docket. SUPPLEMENTARY INFORMATION: Throughout this document ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 60407 Table of Contents I. What action is the EPA proposing? II. What is the background of this action? A. Nonattainment Designation B. Clean Data Policy C. How does a nonattainment area achieve ‘‘clean data’’ for the 2010 1-hour primary SO2 NAAQS? D. What information did Texas provide that demonstrates that the area attained the NAAQS? i. Primary Source Shutdowns ii. Monitoring Data E. What is the EPA’s rationale for proposing this action? III. What is the EPA’s analysis? A. Modeling Data and Supplemental 2016– 2019 Emissions Information Evaluation B. Ambient Air Quality Monitoring Data Evaluation C. EPA’s Proposed Clean Data Determination IV. What would be the effects of this action, if promulgated? V. Statutory and Executive Order Reviews I. What action is the EPA proposing? The EPA is proposing to determine that portions of Anderson and Freestone Counties and Titus County (hereby referred to as ‘‘the nonattainment areas’’), in Texas, have attained the 2010 1-hour primary SO2 NAAQS.1 This proposed determination of attainment is in response to a June 30, 2020 request from the state 2 that the EPA consider information—including quality assured and certified ambient air monitoring data 3 from the 2017–2019 monitoring period and the permanent and enforceable shutdown of the primary sources of SO2 emissions in these areas, Big Brown Power Plant (Big Brown) and Monticello Steam Electric Station (Monticello), that were the key contributors to the violations of the standard—which both support our proposed finding that the nonattainment areas have attained the 2010 1-hour primary SO2 NAAQS. The primary basis for the state’s request is that the primary sources of SO2 emissions in these nonattainment areas have permanently shut down. These sources were located in rural areas with few other sources. EPA has reviewed the Texas Commission on Environmental Quality 1 In accordance with Appendix T to 40 CFR part 50, the 1-hour primary SO2 NAAQS is met at an ambient air quality monitoring site when the valid 1-hour primary standard design value is less than or equal to 75 parts per billion (ppb). 40 CFR 50.17(b). 2 June 30, 2020 Letter from Toby Baker, Executive Director of TCEQ to Ken McQueen, Regional Administrator of EPA Region 6, subject: ‘‘Sulfur Dioxide Clean Data Determination Request for Portions of Freestone, Anderson, and Titus Counties in Texas’’ included in the docket for this action. 3 Monitoring data must be reported, quality assured, and certified in accordance with the requirements set forth in 40 CFR part 58. E:\FR\FM\25SEP1.SGM 25SEP1

Agencies

[Federal Register Volume 85, Number 187 (Friday, September 25, 2020)]
[Proposed Rules]
[Pages 60402-60407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18816]


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FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Chapter III

RIN 3064-ZA19


Statement of Policy Regarding Minority Depository Institutions

AGENCY: Federal Deposit Insurance Corporation (FDIC).

ACTION: Proposed revisions to statement of policy; request for comment.

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SUMMARY: The FDIC is proposing to revise its Statement of Policy 
Regarding Minority Depository Institutions. Section 308 of the 
Financial Institutions Reform, Recovery and Enforcement Act of 1989 
established several goals related to encouraging, assisting, and 
preserving minority depository institutions. The FDIC has long 
recognized the unique role and importance of minority depository 
institutions and has historically taken steps to preserve and encourage 
minority-owned and minority-led financial institutions. The revised 
Statement of Policy updates, strengthens, and clarifies the agency's 
policies and procedures related to minority depository institutions.

DATES: Written comments must be received on or before November 24, 
2020.

ADDRESSES: Interested parties are encouraged to submit written 
comments. Commenters are encouraged to use the title ``Statement of 
Policy Regarding Minority Depository Institutions'' to facilitate the 
organization and distribution of comments. You may submit comments, 
identified by RIN 3064-ZA19, by any of the following methods:
     Agency Website: https://www.fdic.gov/regulations/laws/federal/. Follow the instructions for submitting comments on the FDIC's 
website.
     Email: [email protected]. Include RIN 3064-ZA19 in the 
subject line of the message.
     Mail: Robert E. Feldman, Executive Secretary, Attention: 
Comments/Legal ESS, Federal Deposit Insurance Corporation, 550 17th 
Street NW, Washington, DC 20429.
    Instructions: Comments submitted must include ``FDIC'' and ``RIN 
3064-ZA19.'' Comments received will be posted without change to https://www.fdic.gov/regulations/laws/federal/, including any personal 
information provided.

FOR FURTHER INFORMATION CONTACT: Misty Mobley, Senior Review Examiner, 
Division of Risk Management and Supervision, (202) 898-3771, 
[email protected]; Lauren Whitaker, Senior Attorney, Legal Division, 
(202) 898-3872, [email protected]; or Gregory Feder, Counsel, Legal 
Division, (202) 898-8724, [email protected], Federal Deposit Insurance 
Corporation, 550 17th Street NW, Washington, DC 20429. For the hearing 
impaired only, TDD users may contact (202) 925-4618.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Revisions to the Proposed Statement of Policy
III. Proposed Statement of Policy Regarding Minority Depository 
Institutions
IV. Administrative Matters

I. Background

    Section 308 of the Financial Institutions Reform, Recovery, and 
Enforcement Act of 1989 (FIRREA) \1\ established several goals related 
to minority depository institutions (MDIs): (1) Preserving the number 
of MDIs; (2) preserving the minority character in cases of merger or 
acquisition; (3) providing technical assistance to prevent insolvency 
of institutions not now insolvent; (4) promoting and encouraging 
creation of new MDIs; and (5) providing for training, technical 
assistance, and education programs.
---------------------------------------------------------------------------

    \1\ Public Law 101-73, title III, Sec.  308, Aug. 9, 1989, 103 
Stat. 353, as amended by Public Law 111-203, title III, Sec.  
367(4), July 21, 2010, 124 Stat. 1556, codified at 12 U.S.C. 1463 
note.
---------------------------------------------------------------------------

    On April 3, 1990, the Board of Directors of the Federal Deposit 
Insurance Corporation (FDIC Board and FDIC, respectively) adopted the 
Policy Statement on Encouragement and Preservation of Minority 
Ownership of Financial Institutions (1990 Policy Statement). The 
framework for the 1990 Policy Statement resulted from key provisions 
contained in Section 308 of FIRREA. The 1990 Policy Statement provided 
information to the public and minority banking industry regarding the 
agency's efforts in achieving the goals of Section 308.
    During the 1990s, many MDIs continued to underperform industry 
averages for profitability and experience failure rates that were 
significantly higher than those of the industry overall. In order to 
discuss the challenges that MDIs faced, and identify

[[Page 60403]]

best practices and possible ways the regulatory agencies could promote 
and preserve MDIs, the FDIC and other banking regulatory agencies--with 
assistance from several minority bank trade associations--invited 
officers from 156 MDIs to participate in a ``Bankers and Supervisors 
Regulatory Forum'' held in March of 2001. Approximately 70 bankers 
attended.
    The FDIC also formed an Interdivisional Working Group to consider 
measures to modernize the policies and procedures related to MDIs. The 
working group incorporated many suggestions from the March 2001 forum 
into a revised Policy Statement Regarding Minority Depository 
Institutions, issued by the FDIC, after notice and comment, in April of 
2002 (2002 Policy Statement).\2\ The FDIC issued the 2002 Policy 
Statement to provide additional information regarding the FDIC's 
initiatives related to Section 308. The 2002 Policy Statement provided 
a more structured framework that set forth initiatives of the FDIC to 
promote the preservation of, as well as to provide technical 
assistance, training, and educational programs for, MDIs by working 
with those institutions, their trade associations, and the other 
federal financial regulatory agencies.
---------------------------------------------------------------------------

    \2\ 67 FR 18618 (Apr. 16, 2002).
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    Over the years, the FDIC has continued to modify and enhance its 
MDI Program to better carry out the FDIC's efforts to meet the goals in 
Section 308 of FIRREA. The revisions in the proposed Statement of 
Policy are intended, in part, to strengthen and improve the various 
aspects of the MDI Program and how each component of the MDI Program is 
carried out by various responsible entities that are part of the MDI 
Program. The proposed revisions to the 2002 Policy Statement reflected 
in the proposed Statement of Policy describe the FDIC's enduring and 
strengthened commitment to, and engagement with, MDIs in furtherance of 
its goal of preserving and promoting MDIs.
    In 2019, the FDIC established a new MDI Subcommittee of the 
Advisory Committee on Community Banking (CBAC). The MDI Subcommittee 
held its inaugural meeting in December 2019. There are nine executives 
serving as members of the MDI Subcommittee, representing African 
American, Native American, Hispanic American, and Asian American MDIs 
across the country. The MDI Subcommittee provides recommendations 
regarding the FDIC's MDI Program to the CBAC for consideration. The MDI 
Subcommittee serves as a source of feedback with regard to the FDIC's 
efforts to fulfill its statutory goals to preserve and promote MDIs; 
provides a platform for MDIs to promote collaboration, partnerships, 
and best practices; and identifies ways to highlight the work of MDIs 
in their communities.
    The FDIC published, also in 2019, an MDI research study, which 
explores changes in MDIs, their role in the financial services 
industry, and their impact on the communities they serve.\3\ The study 
period covered 2001 to 2018 and looked at the demographics, structural 
change, geography, financial performance, and social impact of MDIs.
---------------------------------------------------------------------------

    \3\ See FDIC MDI research study, published June 2019, Minority 
Depository Institutions: Structure, Performance, and Social Impact, 
https://www.fdic.gov/regulations/resources/minority/2019-mdi-study/full.pdf.
---------------------------------------------------------------------------

    Additionally, to discuss the challenges that MDIs face, provide 
information on best practices, and collaborate on possible ways the 
regulatory agencies can promote and preserve MDIs, in June of 2019, the 
FDIC hosted the Interagency MDI and Community Development Financial 
Institution (CDFI) Bank Conference, Focus on the Future: Prospering in 
a Changing Industry, in collaboration with the Office of the 
Comptroller of Currency and the Board of Governors of the Federal 
Reserve System. More than 80 MDI and CDFI bankers, representing 61 
banks, attended the two-day conference.\4\
---------------------------------------------------------------------------

    \4\ See Chairman Jelena McWilliams Keynote Remarks, MDI and 
Community Development Financial Institution bank conference, Focus 
on the Future: Prospering in a Changing Industry, https://www.youtube.com/watch?v=o0H6Ko00qTk&feature=youtu.be.
---------------------------------------------------------------------------

    All of these various efforts by the FDIC to enhance its MDI Program 
have informed the proposed revisions to the Statement of Policy. The 
FDIC has received suggestions from bankers at outreach and trade 
association meetings as well as feedback from the June 2019 conference. 
The MDI Subcommittee has also provided feedback to the CBAC for 
consideration and recommendation to the FDIC. Many of these suggestions 
and feedback have been incorporated into the revised Statement of 
Policy. The following section summarizes the significant changes from 
the 2002 Policy Statement.

II. Revisions to the Policy Statement

    The FDIC is proposing to revise its MDI Policy Statement in the 
following areas:
    Technical assistance and other engagement. The proposed Statement 
of Policy clarifies that technical assistance is not a supervisory 
activity and is not intended to present additional regulatory burden. 
Further, the proposed Statement of Policy states that examination teams 
will not view requests for, or acceptance of, technical assistance 
negatively when evaluating institution performance or assigning 
ratings.
    FDIC outreach. The proposed Statement of Policy was updated to 
provide additional outreach opportunities, including with the 
Chairman's office and the National Director for Minority and Community 
Development Banking.
    MDI Subcommittee. The proposed Statement of Policy describes the 
newly established FDIC MDI Subcommittee of the CBAC, which serves as 
source of feedback on FDIC strategies to fulfill statutory goals to 
preserve and promote MDIs. The MDI Subcommittee may also make 
recommendations or offer ideas to the CBAC for consideration and 
presentation to the FDIC. The MDI Subcommittee provides a platform for 
MDIs to promote collaboration, partnerships, and best practices. The 
MDI Subcommittee also identifies ways to highlight the work of MDIs in 
their communities.
    1. The FDIC requests comment on other methods to identify and 
provide engagement opportunities that would be beneficial to MDIs.
    Definitions. The proposed Statement of Policy adds definitions for 
terms used in the MDI Program: Technical assistance, training and 
education, and outreach. Technical assistance is defined as individual 
assistance that a regulator will provide to a MDI in response to an 
institution's request for assistance in addressing specific areas of 
concern. The proposed Statement of Policy also notes that technical 
assistance is a tool to provide on-going support to institutions in an 
effort to facilitate timely implementation of recommendations, full 
understanding of regulatory requirements, and in some instances, the 
viability of the institution. Training and education programs consist 
of instruction designed to impart proficiency or skills related to a 
particular job, process, or regulatory policy. This training and 
education can be provided in person, through webinars or conference 
calls, or in a conference setting. Outreach consists of FDIC 
representatives meeting with financial institutions with a primary 
focus of building relationships and open communication and providing 
information and resources. Outreach is generally offered by the FDIC 
and can include meetings between financial institution management and 
senior FDIC management.

[[Page 60404]]

    2. The FDIC invites comment on the definitions assigned to 
technical assistance, training and education, and outreach.
    Reporting. The proposed Statement of Policy updates the reporting 
requirements of the FDIC's MDI Program, including the Annual Report to 
Congress on the Preservation and Promotion of Minority Depository 
Institutions pursuant to Section 367 of the Dodd-Frank Wall Street 
Reform and Consumer Protection Act of 2010 and Section 308 of FIRREA. 
The Section 367 requirements were enacted since the Statement of Policy 
was last updated in 2002.
    3. The FDIC invites the public to comment on the types of 
information that would be helpful and beneficial to include in annual 
reports or the MDI Program website regarding the MDI Program.
    Measurement of effectiveness. The proposed Statement of Policy also 
establishes new requirements to measure the effectiveness of the MDI 
Program. The National Director and the regional office staff will 
routinely solicit feedback from MDIs to assess the effectiveness of the 
FDIC's technical assistance, training and education, and outreach 
efforts and the MDI Program in general. The FDIC will track instances 
of technical assistance, training and education, and outreach and 
solicit feedback on the effectiveness of these activities by 
administering periodic surveys and holding discussions with bank 
management.
    4. The FDIC invites the public to comment on other methods to 
identify and provide technical assistance, outreach, and training and 
education resources that would be beneficial to MDIs.
    Examinations. The proposed Statement of Policy adds a description 
of how the FDIC applies rating systems at examinations of MDIs. 
Specifically, the proposed Statement of Policy describes how the 
Uniform Financial Rating System (UFIRS) and the Uniform Interagency 
Consumer Compliance Rating System (UICCR) are designed to reflect an 
assessment of the individual institution, including its size and 
sophistication, the nature and complexity of its business activities, 
and its risk profile rather than a comparison to peer institutions
    5. The FDIC invites comment on whether this approach to incorporate 
specific considerations when examining MDIs is clear and 
understandable.

III. Proposed Statement of Policy Regarding Minority Depository 
Institutions

    The text of the proposed Statement of Policy follows:
    The FDIC has long recognized the importance of minority depository 
institutions in the financial system and their unique role in promoting 
the economic viability of minority and under-served communities. The 
FDIC historically has implemented programs to preserve and promote 
these financial institutions. This Statement of Policy describes the 
framework the FDIC has put into place and the initiatives the FDIC will 
undertake to fulfill its statutory goals with respect to minority 
depository institutions (MDI Program).

Statutory Framework

    In August 1989, Congress enacted the Financial Institutions Reform, 
Recovery, and Enforcement Act of 1989 (FIRREA). Section 308 of FIRREA 
established the following goals:
     Preserve the number of minority depository institutions;
     Preserve the minority character in cases of merger or 
acquisition;
     Provide technical assistance to prevent insolvency of 
institutions not now insolvent;
     Promote and encourage creation of new minority depository 
institutions; and
     Provide for training, technical assistance, and 
educational programs.

Definitions

    Section 308 of FIRREA defines ``minority depository institution'' 
as any Federally insured depository institution where 51 percent or 
more of the voting stock is owned by one or more ``socially and 
economically disadvantaged individuals.'' ``Minority,'' as defined by 
Section 308 of FIRREA, means any ``Black American, Native American, 
Hispanic American, or Asian American.'' Therefore, for the purposes of 
this Statement of Policy, ``minority depository institution'' is 
defined as any Federally insured depository institution where 51 
percent or more of the voting stock is owned by minority individuals. 
This includes institutions collectively owned by a group of minority 
individuals, such as a Native American Tribe. Ownership must be by U.S. 
citizens or permanent legal U.S. residents to be counted in determining 
minority ownership. In addition to the institutions that meet the 
ownership test, for the purposes of this Statement of Policy, 
institutions will be considered minority depository institutions if a 
majority of the Board of Directors is minority and the community that 
the institution serves is predominantly minority.

Identification of Minority Depository Institutions

    To ensure that all minority depository institutions are able to 
participate in the MDI Program, the FDIC will maintain a list of 
Federally insured minority depository institutions. Institutions that 
are not already identified as minority depository institutions can 
request to be designated as such by certifying that they meet the above 
definition. For institutions supervised directly by the FDIC, examiners 
will review the appropriateness of their inclusion on the list during 
the examination process. In addition, case managers in regional offices 
will note changes to the list while processing deposit insurance 
applications, merger applications, change of control notices, or 
failures of minority depository institutions. The FDIC will work 
closely with the other Federal banking regulators to ensure that 
institutions not directly supervised by the FDIC are accurately 
captured on the list. In addition, the FDIC will periodically provide 
the list to relevant trade associations and seek input regarding the 
accuracy of the list. Inclusion in the FDIC's MDI Program is voluntary. 
Any minority depository institution not wishing to participate in the 
MDI Program will be removed from the official list upon request.

Organizational Structure

    The FDIC has designated a national director for the FDIC's MDI 
Program in the Washington Office and a regional coordinator in each 
Regional Office. The national director will consult with officials from 
the following FDIC Divisions to ensure appropriate personnel are 
involved and resources are made available with regard to MDI Program 
initiatives: Division of Risk Management Supervision, Division of 
Depositor and Consumer Protection, Division of Resolutions and 
Receiverships, Division of Insurance and Research, Legal Division, and 
the Office of Minority and Women Inclusion. The national director will 
also consult with other organizations within the FDIC as appropriate.
    As the primary Federal regulator for State nonmember banks and 
State savings associations, the FDIC will focus its efforts on minority 
depository institutions with those charters. However, the national 
director will meet periodically with the other Federal banking 
regulators to discuss each agency's outreach efforts, to share ideas, 
and to identify opportunities where the

[[Page 60405]]

agencies can work together to assist minority depository institutions. 
Representatives of other divisions and offices may participate in these 
meetings.

Engagement With Minority Depository Institutions

    The FDIC's MDI Program will provide for continual engagement with 
minority depository institutions through ongoing interaction with the 
Washington, Regional, and Field Office staff. This interaction includes 
providing technical assistance to share information and expertise on 
supervisory topics, outreach initiatives to provide opportunities for 
open dialogue with senior FDIC staff, and training initiatives to offer 
opportunities to gain additional knowledge about specific regulatory 
requirements.
    Further, trade associations affiliated with minority depository 
institutions serve as a significant resource in identifying specific 
interests or concerns for those institutions. The national director 
will regularly contact minority depository institution trade 
associations to seek feedback on the FDIC's efforts under the MDI 
Program, discuss possible training initiatives, and explore options for 
promoting and preserving minority depository institutions. The national 
director and the regional coordinators also will solicit information 
from trade associations and other organizations about groups that may 
be interested in establishing new minority depository institutions. 
FDIC representatives will be available to address such groups to 
discuss the application process, the requirements of becoming FDIC 
insured, and the various programs supporting minority depository 
institutions. The regional coordinators will contact all new minority 
state nonmember banks and state savings associations identified through 
insurance applications, merger applications, or change in control 
notices to familiarize the institutions with the resources available 
through the MDI Program.
Technical Assistance
    Technical assistance, as defined by the FDIC's MDI Program, is 
individual assistance that a regulator will provide to a minority 
depository institution in response to an institution's request for 
assistance in understanding supervisory topics or findings. At any 
time, the FDIC will share information and expertise with bank 
management on various topics including, but not limited to, 
understanding bank regulations, FDIC policies, examination procedures, 
accounting practices, supervisory recommendations, risk management 
procedures, and compliance management procedures. In providing 
technical assistance, FDIC staff will not actually perform tasks 
expected of an institution's management or employees. For example, FDIC 
staff may explain Call Report instructions as they relate to specific 
accounts, but will not assist in preparing an institution's Call 
Report. FDIC staff may provide information on community reinvestment 
opportunities, but will not recommend a specific transaction.
    An institution can contact its field office representatives, case 
manager, or review examiner to request technical assistance. In 
addition, the regional coordinators and the institution's assigned case 
manager and review examiner are knowledgeable about minority bank 
issues and are available to answer questions or to direct inquiries to 
the appropriate FDIC office or staff member with expertise on the 
subject for response. Case managers can explain the application process 
and the type of analysis and information required for different 
applications. Field office representatives also serve as a significant 
resource to minority depository institutions by readily answering 
examination related questions and explaining regulatory requirements. 
Other staff members within the FDIC with expertise in various 
regulatory topics will also be available to share knowledge to assist 
minority depository institutions in complying with regulations or 
implementing supervisory recommendations.
    During examinations, the FDIC expects examiners to fully explain 
supervisory recommendations and offer to help management understand 
satisfactory methods to address such recommendations. At the conclusion 
of each examination of a minority depository institution directly 
supervised by the FDIC, the FDIC will be available to return to the 
institution to provide technical assistance by reviewing areas of 
concern or topics of interest to the institution. The purpose of return 
visits is to assist management in understanding and implementing 
examination recommendations, not to identify new problems.
    Technical assistance is a tool to provide on-going support to 
institutions in an effort to ensure timely implementation of 
recommendations, full understanding of regulatory requirements, and in 
some instances, the viability of the institution. Technical assistance 
is not a supervisory activity and is not intended to present additional 
regulatory burden. Further, examination teams will not view requests 
for, or acceptance of, technical assistance negatively when evaluating 
institution performance or assigning ratings.
Outreach
    Outreach, as defined by the FDIC's MDI Program, consists of FDIC 
representatives meeting with financial institutions with a primary 
focus of building relationships and open communication and providing 
information and resources. Outreach is generally offered by the FDIC 
and can include meetings between financial institution management and 
senior FDIC management.
    The FDIC maintains an MDI Subcommittee of its Advisory Committee on 
Community Banking (CBAC) comprised of executives of minority depository 
institutions. The MDI Subcommittee serves as a source of feedback on 
FDIC strategies to fulfill statutory goals to preserve and promote 
minority depository institutions. The MDI Subcommittee may also make 
recommendations or offer ideas to the CBAC for consideration and 
presentation to the FDIC. The MDI Subcommittee provides a platform for 
minority depository institutions to promote collaboration, 
partnerships, and best practices. The Subcommittee will also identify 
ways to highlight the work of minority depository institutions in their 
communities.
    Executives and staff in the FDIC's regional offices will 
communicate regularly with each minority depository institution to 
outline the FDIC's efforts to promote and preserve minority depository 
institutions; will offer annually to have a member of regional 
management meet with the institution's board of directors to discuss 
issues of interest, including through roundtable discussions and 
training sessions; and will seek input regarding any training or other 
technical assistance the institution may desire.
    The FDIC will explore opportunities to facilitate collaboration and 
partnering initiatives among minority depository institutions or 
between minority depository institutions and non-minority depository 
institutions. The FDIC recognizes that by facilitating these 
collaborative relationships, institutions can have opportunities to 
better meet the needs of their communities.
Training and Educational Programs
    Training and educational programs, as defined by the FDIC's MDI 
program, consist of instruction designed to impart proficiency or 
skills related to a

[[Page 60406]]

particular job, process, or regulatory policy. The FDIC will work with 
other banking regulatory agencies and trade associations representing 
minority depository institutions to periodically assess the need for, 
and provide for, training and educational opportunities. The FDIC will 
partner with other Federal banking agencies and trade associations to 
offer training programs. This training and education can be provided in 
person, through webinars or conference calls, or in a conference 
setting.

Reporting

    The regional coordinators will report regional office activities 
related to the MDI Program to the national director quarterly. The 
national director will develop a comprehensive report on all MDI 
Program activities and submit the report quarterly to the Chairman. The 
FDIC's efforts to preserve and promote minority depository institutions 
will also be highlighted in the FDIC's Annual Report and the Annual 
Report to Congress on the Preservation and Promotion of Minority 
Depository Institutions pursuant to Section 367 of the Dodd-Frank Wall 
Street Reform and Consumer Protection Act of 2010 and Section 308 of 
FIRREA.

Measuring Program Effectiveness

    The national director and the regional office staff will routinely 
solicit feedback from minority depository institutions to assess the 
effectiveness of the FDIC's technical assistance, outreach, and 
training/education efforts and the MDI Program in general. The FDIC 
will track instances of technical assistance, outreach, and training 
and education and solicit feedback on the effectiveness of these 
activities by administering periodic surveys and holding discussions 
with bank management.

Examinations

    All insured institutions must be operated in a safe and sound 
manner, in accordance with FDIC's regulations. Likewise, all 
examinations must be conducted within the parameters of FDIC exam 
policies and should consistently measure the risk an institution poses 
to the FDIC's deposit insurance fund. Notwithstanding, and consistent 
with the Uniform Financial Institutions Rating System (UFIRS) and the 
Uniform Interagency Consumer Compliance Rating System (UICCR), 
examiners are expected to recognize the distinctive characteristics and 
differences in core objectives of each financial institution and to 
consider those unique factors when evaluating an institution's 
financial condition and risk management practices.
    Under the UFIRS and UICCR, each financial institution is assigned a 
composite rating based on an evaluation of specific components, which 
are also rated. For UFIRS, these component ratings reflect an 
institution's capital adequacy, asset quality, management capabilities, 
earnings sufficiency, liquidity position, and sensitivity to market 
risk (commonly referred to as the CAMELS ratings). Likewise, the UICCR 
is organized under broad components that assess the institution's board 
and management oversight, compliance program, and violations of law and 
consumer harm. The uniform rating systems and evaluation and rating 
criteria are specific to the examination types performed. Further, the 
assignment of the rating is based solely on the subject institution's 
individual performance under the specific components.
    Management practices, particularly as they relate to risk 
management, vary considerably among financial institutions depending on 
size and sophistication, the nature and complexity of business 
activities, and risk profile. Each institution must properly manage 
risks and have appropriate policies, processes, or practices in place 
that management follows and uses. Activities undertaken in a less 
complex institution engaging in less sophisticated risk-taking 
activities may only need basic management and control systems compared 
to the detailed and formalized systems and controls used for the 
broader and more complex range of activities undertaken at a larger and 
more complex institution.
    Peer comparison data are not included in the rating systems. The 
principal reason is to avoid over reliance on statistical comparisons 
to justify the component rating being assigned. This is very important 
when evaluating minority depository institutions due to their unique 
characteristics. For example, many minority depository institutions 
were established to serve an otherwise under-served market. High 
profitability may not be as essential to the organizers and 
shareholders of the institution. Instead, community development, 
improving consumer services, and promoting banking services to the 
unbanked or under-banked segment of its community may drive many of the 
organization's decisions. The UFIRS allows for consideration of the 
characteristics by considering not only the level of an institution's 
earnings, but also the trend and stability of earnings, the ability to 
provide for adequate capital, the quality and sources of earnings, and 
the adequacy of budgeting systems.
    Examiners are instructed to consider all relevant factors when 
assigning a component rating. The rating systems are designed to 
reflect an assessment of the individual institution, including its size 
and sophistication, the nature and complexity of its business 
activities, and risk profile.

Failing Institutions

    The FDIC will attempt to preserve the minority character of failing 
institutions during the resolution process. In the event of a potential 
failure of a minority depository institution, the Division of 
Resolutions and Receiverships will contact all minority depository 
institutions nationwide that qualify to bid on failing institutions. 
The Division of Resolutions and Receiverships will solicit qualified 
minority depository institutions' interest in the failing institution, 
discuss the bidding process, and offer to provide technical assistance 
regarding completion of the bid forms. In addition, the Division of 
Resolutions and Receiverships, with assistance from the Office of 
Minority and Women Inclusion, will maintain a list of minority 
individuals and nonbank entities that have expressed an interest in 
acquiring failing minority depository institutions and have been pre-
approved by the Division of Risk Management Supervision and the 
chartering authority for access to the FDIC's virtual data room for 
online due diligence.

Internet Site

    The FDIC will maintain a website to promote the MDI Program. Among 
other things, the website will describe the tools and resources 
available under the program. The website will include the name, phone 
number, and email address of the national director, each regional 
coordinator, and additional staff. The website will also contain links 
to the list of minority depository institutions, pertinent trade 
associations, and other Federal agency programs. The FDIC will also 
explore the feasibility and usefulness of posting other items to the 
page, such as statistical information and comparative data for minority 
depository institutions. Visitors will have the opportunity to provide 
feedback regarding the FDIC's program and the usefulness of the 
website.

IV. Administrative Law Matters

    The Paperwork Reduction Act of 1995 (PRA) \5\ states that no agency 
may conduct or sponsor, nor is the

[[Page 60407]]

respondent required to respond to, an information collection unless it 
displays a currently valid Office of Management and Budget (OMB) 
control number.
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    \5\ 44 U.S.C. 3501, et seq.
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    The proposed Statement of Policy Regarding Minority Depository 
Institutions does not create any new or revise any existing information 
collections pursuant to the PRA. Rather, any reporting, recordkeeping, 
or disclosure activities mentioned in the proposed Statement of Policy 
Regarding Minority Depository Institutions are usual and customary and 
should occur in the normal course of business as defined in the PRA.\6\ 
Consequently, no submissions will be made to the OMB for review.
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    \6\ 5 CFR 1320.3(b)(2).
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    6. The agencies request comment on its conclusion that this aspect 
of the proposed Statement of Policy Regarding Minority Depository 
Institutions does not create any new or revise any existing information 
collections.

Federal Deposit Insurance Corporation.

    By order of the Board of Directors.

    Dated at Washington, DC, on August 21, 2020.
James P. Sheesley,
Acting Assistant Executive Secretary.
[FR Doc. 2020-18816 Filed 9-24-20; 8:45 am]
BILLING CODE 6714-01-P