Rules Regarding Delegation of Authority, 80108-80109 [2023-25387]

Agencies

• FEDERAL RESERVE SYSTEM

[Federal Register Volume 88, Number 221 (Friday, November 17, 2023)]
[Rules and Regulations]
[Pages 80108-80109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25387]


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FEDERAL RESERVE SYSTEM

12 CFR Part 265

[Docket No. R-1778]
RIN No. 7100-AG37


Rules Regarding Delegation of Authority

AGENCY: Board of Governors of the Federal Reserve System (Board).

ACTION: Final rule; correcting amendments.

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SUMMARY: The Board is revising its Rules Regarding Delegation of 
Authority to add delegations of authority previously approved by the 
Board and make certain technical corrections.

DATE: Effective November 17, 2023.

FOR FURTHER INFORMATION CONTACT: Andrew Hartlage, Special Counsel, 
(202) 452-6483; Amory Goldberg, Senior Counsel, (202) 452-3124; or Leah 
Kazar, Legal Assistant/Attorney, (202) 452-4638, Legal Division, Board 
of Governors of the Federal Reserve System, 20th Street and 
Constitution Avenue NW, Washington, DC 20551. For users of TTY-TRS, 
please call 711 from any telephone, anywhere in the United States.

SUPPLEMENTARY INFORMATION: Section 11(k) of the Federal Reserve Act 
authorizes the Board to delegate, by published order or rule and 
subject to the Administrative Procedure Act, any of its functions, 
other than those related to rulemaking or pertaining principally to 
monetary and credit policies, to one or more administrative law judges, 
members or staff of the Board, or the Reserve Banks.\1\ The Board has 
delegated authority to Board members (in their individual capacity and 
as chairs of committees of the Board), Board staff, and the Federal 
Reserve Banks to take certain actions under the various statutes that 
the Board

[[Page 80109]]

administers. The Board's Rules Regarding Delegation of Authority 
(delegation rules) implement section 11(k) of the Federal Reserve Act 
and enumerate the actions that the Board has determined to delegate. By 
delegating actions that do not raise significant legal, supervisory, or 
policy issues, the Board can respond more efficiently to applications, 
requests, and other matters.
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    \1\ 12 U.S.C. 248(k).
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    The Board published a final rule in 2022 that comprehensively 
revised the delegation rules.\2\ The Board is amending the delegation 
rules to publish delegations of authority previously approved by the 
Board and make certain technical corrections.
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    \2\ Rules Regarding Delegation of Authority, 87 FR 53988 
(September 1, 2022).
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List of Subjects in 12 CFR Part 265

    Authority delegations (Government agencies); Banks, Banking.

Authority and Issuance

    For the reasons stated in the preamble the Board of Governors of 
the Federal Reserve System amends 12 CFR part 265 as follows:

PART 265--RULES REGARDING DELEGATION OF AUTHORITY

0
1. The authority citation for part 265 continues to read as follows: 12 
U.S.C. 248(i) and (k).

Subpart B--Delegations of Authority

0
2. In Sec.  265.6, in paragraph (d)(1), remove ``12 CFR 238.6'' and 
add, in its place, ``12 CFR 238.96''.

0
3. In Sec.  265.7:
0
a. In paragraph (c)(7)(iii), remove ``(12 U.S.C. 1843(m)); and'' and 
add, in its place, ``(12 U.S.C. 1843(m));'';
0
b. In paragraph (c)(7)(iv), remove ``(12 U.S.C. 1843(m));'' and add, in 
its place, ``(12 U.S.C. 1843(m)); and'';
0
c. Add paragraph (c)(7)(v);
0
d. In paragraph (d)(7)(ii)(B)(3), remove ``(Sec. Sec.  252.146 and 
252.158)'' and add, in its place, ``(12 CFR 252.146 and 252.158)'';
0
e. In paragraph (e)(5), remove the words ``To exercise the functions 
described in Sec.  265.20(e)(5), (11), and (12) (reductions in capital, 
issuance of subordinated debt, and early retirement of subordinated 
debt)'' and add, in their place, the words ``To exercise the functions 
described in Sec. Sec.  265.20(e)(5) and (11) (reductions in capital 
and early retirement of subordinated debt)'';
0
f. In paragraph (j)(1)(viii), remove the words, ``of receipt of 
receipt'' and add, in their place, the words ``of receipt'';
0
g. In paragraph (k)(1)(ii)(E), remove ``and'' at the end;
0
h. In paragraph (k)(1)(ii)(F), remove ``soundness.'' and add, in its 
place, ``soundness;'';
0
i. Add paragraphs (k)(1)(ii)(G) and (k)(1)(ii)(H);
0
j. In paragraph (k)(7)(i), remove ``II.A.l.c.ii.(2)'' and add, in its 
place, ``II.A.1.c.ii.(2)''; and
0
k. Add paragraph (k)(8).
0
l. The additions read as follows:


Sec.  265.7  Functions delegated to the Director of the Division of 
Supervision and Regulation. [Amended]

* * * * *
    (c) * * *
    (7) * * *
    (v) To acquire shares or assets pursuant to section 4(k) of the 
Bank Holding Company Act (12 U.S.C. 1843(k)) without prior Board 
approval up to the following thresholds:
    (A) $25 million in consideration for a single transaction;
    (B) $125 million in consideration over the past 12 months; and
    (C) $400 million in consideration over the entire period the 
financial holding company is subject to the agreement required by 
section 4(m) of the Bank Holding Company Act (12 U.S.C. 1843(m)).
* * * * *
    (k) * * *
    (1) * * *
    (ii) * * *
    (G) To approve a request by a Board-regulated institution to make 
or change an election, or a choice of treatment, under Sec.  
217.1(g)(2)(ii) of Regulation Q (12 CFR 217.1(g)(2)(ii)); and
    (H) To review and adjust estimated total consolidated assets under 
the definition of ``insurance bank holding company'' or ``insurance 
savings and loan holding company'' in Sec.  217.2 of Regulation Q (12 
CFR 217.2) or under Sec.  217.601(b)(2) of Regulation Q (12 CFR 
217.601(b)(2)).
* * * * *
    (8) Delegations regarding the Building Block Approach in subpart J 
of Regulation Q (12 CFR part 217, subpart J).
    (i) [Reserved]
    (ii) After consultation with the General Counsel:
    (A) To require a supervised insurance organization to exclude all 
or a portion of a particular company capital element from building 
block available capital, to approve the inclusion on a permanent or 
temporary basis of a capital resource in building block available 
capital, to adjust the building block capital requirement and building 
block available capital of a supervised insurance organization, or to 
require a supervised insurance organization to take certain actions to 
better reflect the risk profile of an inventory company or the 
supervised insurance organization, under Sec.  217.601(d) of Regulation 
Q (12 CFR 217.601(d));
    (B) To require a supervised insurance organization to apply an 
alternative treatment to a treatment otherwise required by subpart J of 
Regulation Q (12 CFR part 217 subpart J) under Sec.  217.601(d)(4) of 
Regulation Q (12 CFR 217.601(d)(4));
    (C) To approve a request to exercise a call option on an instrument 
under Sec.  217.608(a)(1)(v)(A) or Sec.  217.608(a)(2)(iv)(A) of 
Regulation Q (12 CFR 217.608(a)(1)(v)(A) or 217.608(a)(2)(iv)(A));
    (D) To approve a request to redeem or repurchase an instrument 
under 217.608 (a)(1)(vi) or Sec.  217.608(a)(2)(v) of Regulation Q (12 
CFR 217.608(a)(1)(vi) or 217.608(a)(2)(v)); and
    (E) To approve a request to include in building block available 
capital an instrument issued by a company in a supervised insurance 
organization under Sec.  217.608(g) of Regulation Q (12 CFR 
217.608(g)).
* * * * *

0
4. In Sec.  265.8:
0
a. In paragraph (c)(2), remove ``(15 U.S.C. 1693q),'' and add, in its 
place, ``(15 U.S.C. 1693q) and''; and
0
b. In paragraph (c)(3), remove ``(15 U.S.C. 1691d(f)'' and add, in its 
place, ``(15 U.S.C. 1691d(f))''.

0
5. In Sec.  265.10:
0
a. Redesignate paragraph (b) as paragraph (c); and
0
b. Add new paragraph (b).
    The addition reads as follows:


Sec.  265.10  Functions delegated to the Director of the Division of 
Monetary Affairs.

* * * * *
    (b) Regulation D. With the concurrence of the General Counsel, to 
approve the annual indexation of the reserve requirement exemption 
amount and low reserve tranche amount under Regulation D (12 CFR part 
204), so long as no change is proposed to any of the formulas by which 
these amounts are calculated.
* * * * *

    By order of the Board of Governors of the Federal Reserve 
System, acting through the Secretary of the Board under delegated 
authority.
Michele Taylor Fennell,
Deputy Associate Secretary of the Board.
[FR Doc. 2023-25387 Filed 11-16-23; 8:45 am]
BILLING CODE 6201-01-P