Federal Reserve System Semiannual Regulatory Agenda

Vol. 84 Thursday, No. 247 December 26, 2019 Part XXVI Federal Reserve System Semiannual Regulatory Agenda

FEDERAL RESERVE SYSTEM 12 CFR Ch. II Regulatory Agenda; Semiannual Regulatory Agenda AGENCY: Board of Governors of the Federal Reserve System. ACTION: Semiannual regulatory agenda. SUMMARY: The Board is issuing this agenda under the Regulatory Flexibility Act and the Board’s Statement of Policy Regarding Expanded Rulemaking Procedures. The Board anticipates having under consideration regulatory matters as indicated below during the period October 1, 2019, through March 31, 2020. The next agenda will be published in spring 2020. DATES: Comments about the form or content of the agenda may be submitted any time during the next 6 months. ADDRESSES: Comments should be addressed to Ann E. Misback, Secretary of the Board, Board of Governors of the Federal Reserve System, Washington, DC 20551. FOR FURTHER INFORMATION CONTACT: A staff contact for each item is indicated with the regulatory description below. SUPPLEMENTARY INFORMATION: The Board is publishing its fall 2019 agenda as part of the Fall 2019 Unified Agenda of Federal Regulatory and Deregulatory Actions, which is coordinated by the Office of Management and Budget under Executive Order 12866. The agenda also identifies rules the Board has selected for review under section 610(c) of the Regulatory Flexibility Act, and public comment is invited on those entries. The complete Unified Agenda will be available to the public at the following website: www.reginfo.gov. Participation by the Board, as an independent Agency, in the Unified Agenda is on a voluntary basis. The Board’s agenda is divided into four sections. The first, Proposed Rule Stage, reports on matters the Board may consider for public comment during the next 6 months. The second section, Final Rule Stage, reports on matters that have been proposed and are under Board consideration. The third section, Long-Term Actions, reports on matters where the next action is undetermined, 00/00/0000, or will occur more than 12 months after publication of the Agenda. And a fourth section, Completed Actions, reports on regulatory matters the Board has completed or is not expected to consider further. A dot (•) preceding an entry indicates a new matter that was not a part of the Board’s previous agenda. Yao-Chin Chao, Assistant Secretary of the Board. FEDERAL RESERVE SYSTEM—LONG-TERM ACTIONS Sequence No. Title Regulation Identifier No. 488 .................... Source of Strength (Section 610 Review) ...................................................................................................... 7100–AE73 489 .................... Regulation LL—Savings and Loan Holding Companies and Regulation MM—Mutual Holding Companies (Docket No: R–1429). 7100–AD80 FEDERAL RESERVE SYSTEM—COMPLETED ACTIONS Sequence No. Title Regulation Identifier No. 490 .................... Regulation CC—Availability of Funds and Collection of Checks (Docket No: R–1409) ................................. 7100–AD68 491 .................... Reduced Reporting for Covered Depository Institutions (Docket No: R–1618) .............................................. 7100–AF12 FEDERAL RESERVE SYSTEM (FRS) Long-Term Actions 488. Source of Strength (Section 610 Review) E.O. 13771 Designation: Independent agency. Legal Authority: 12 U.S.C. 1831(o) Abstract: The Board of Governors of the Federal Reserve System (Board), the Office of the Comptroller of the Currency (OCC), and the Federal Deposit Insurance Corporation (FDIC) plan to issue a proposed rule to implement section 616(d) of the Dodd￾Frank Wall Street Reform and Consumer Protection Act. Section 616(d) requires that bank holding companies, savings and loan holding companies, and other companies that directly or indirectly control an insured depository institution serve as a source of strength for the insured depository institution. Timetable: Action Date FR Cite Next Action Unde￾termined. To Be Determined Regulatory Flexibility Analysis Required: Undetermined. Agency Contact: Conni Allen, Special Counsel, Federal Reserve System, Division of Supervision and Regulation, Washington, DC 20551, Phone: 202 912– 4334. Melissa Clark, Lead Financial Institution Policy Analyst, Federal Reserve System, Division of Supervision and Regulation, Washington, DC 20551, Phone: 202 452–2277. Barbara Bouchard, Senior Associate Director, Federal Reserve System, Division of Supervision and Regulation, Washington, DC 20551, Phone: 202 452– 3072. Jay Schwarz, Special Counsel, Federal Reserve System, Legal Division, Washington, DC 20551, Phone: 202 452– 2970. Claudia Von Pervieux, Senior Counsel, Federal Reserve System, Legal Division, Washington, DC 20551, Phone: 202 452–2552. RIN: 7100–AE73 489. Regulation LL—Savings and Loan Holding Companies and Regulation MM-Mutual Holding Companies (Docket No: R–1429) E.O. 13771 Designation: Independent agency. Legal Authority: 5 U.S.C. 552; 5 U.S.C. 559; 5 U.S.C. 1813; 5 U.S.C. 1817; 5 U.S.C. 1828 Abstract: The Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act) transferred responsibility for supervision of Savings and Loan Holding Companies (SLHCs) and their non-depository subsidiaries from the Office of Thrift Supervision (OTS) to the Board of Governors of the Federal Reserve System (the Board), on July 21, 2011. The Act also transferred supervisory functions related to Federal savings associations and State savings

associations to the Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC), respectively. The Board on August 12, 2011, approved an interim final rule for SLHCs, including a request for public comment. The interim final rule transferred from the OTS to the Board the regulations necessary for the Board to supervise SLHCs, with certain technical and substantive modifications. The interim final rule has three components: (1) New Regulation LL (part 238), which sets forth regulations generally governing SLHCs; (2) new Regulation MM (part 239), which sets forth regulations governing SLHCs in mutual form; and (3) technical amendments to existing Board regulations necessary to accommodate the transfer of supervisory authority for SLHCs from the OTS to the Board. The structure of interim final Regulation LL closely follows that of the Board’s Regulation Y, which governs bank holding companies, in order to provide an overall structure to rules that were previously found in disparate locations. In many instances, interim final Regulation LL incorporated OTS regulations with only technical modifications to account for the shift in supervisory responsibility from the OTS to the Board. Interim final Regulation LL also reflects statutory changes made by the Dodd-Frank Act with respect to SLHCs, and incorporates Board precedent and practices with respect to applications processing procedures and control issues, among other matters. Interim final Regulation MM organized existing OTS regulations governing SLHCs in mutual form (MHCs) and their subsidiary holding companies into a single part of the Board’s regulations. In many instances, interim final Regulation MM incorporated OTS regulations with only technical modifications to account for the shift in supervisory responsibility from the OTS to the Board. Interim final Regulation MM also reflects statutory changes made by the Dodd-Frank Act with respect to MHCs. The interim final rule also made technical amendments to Board rules to facilitate supervision of SLHCs, including to rules implementing Community Reinvestment Act requirements and to Board procedural and administrative rules. In addition, the Board made technical amendments to implement section 312(b)(2)(A) of the Act, which transfers to the Board all rulemaking authority under section 11 of the Home Owner’s Loan Act relating to transactions with affiliates and extensions of credit to executive officers, directors, and principal shareholders. These amendments include revisions to parts 215 (Insider Transactions) and part 223 (Transactions with Affiliates) of Board regulations. Timetable: Action Date FR Cite Board Requested Comment. 09/13/11 76 FR 56508 Board Expects Further Action. 12/00/20 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Keisha Patrick, Senior Counsel, Federal Reserve System, Legal Division, Washington, DC 20551, Phone: 202 452–3559. RIN: 7100–AD80 FEDERAL RESERVE SYSTEM (FRS) Completed Actions 490. Regulation CC—Availability of Funds and Collection of Checks (Docket No: R–1409) E.O. 13771 Designation: Independent agency. Legal Authority: 12 U.S.C. 4001 to 4010; 12 U.S.C. 5001 to 5018 Abstract: The Board of Governors of the Federal Reserve System (the Board) is amending Regulation CC, which implements the Expedited Funds Availability Act (EFA Act), which governs the availability of funds after a check deposit, as well as check collection and return. In March 2011, the Board proposed amendments to Regulation CC to facilitate the banking industry’s ongoing transition to fully electronic interbank check collection and return, including proposed amendments to subpart C to encourage depository banks to receive and paying banks to send returned checks electronically and proposed amendments to subpart B’s funds availability schedule provisions. Subsequently, section 1086 of the Dodd￾Frank Wall Street Reform and Consumer Protection Act amended the EFA Act to provide the Consumer Financial Protection Bureau (CFPB) with joint rulemaking authority with the Board over certain EFA Act provisions, including those implemented by subpart B of Regulation CC. Based on its analysis of comments received, the Board revised its proposed amendments to subpart C of Regulation CC. The Board finalized its proposed amendments to subpart C in June 2017. Timetable: Action Date FR Cite Board Requested Comment. 03/25/11 76 FR 16862 Board Requested Comment on Revised Pro￾posal. 02/04/14 79 FR 6673 Board Published Final Rule on Subpart C. 06/15/17 82 FR 27552 Board Published Final Rule on Subpart B. 07/03/19 84 FR 31687 Final Rule Effec￾tive. 07/03/19 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Gavin Smith, Senior Counsel, Federal Reserve System, Legal Division, Washington, DC 20551, Phone: 202 452–3474. Ian Spear, Manager, Federal Reserve System, Division of Reserve Bank Operations and Payment Systems, Washington, DC 20551, Phone: 202 452– 3959. RIN: 7100–AD68 491. Reduced Reporting for Covered Depository Institutions (Docket No: R– 1618) E.O. 13771 Designation: Independent agency. Legal Authority: 12 U.S.C. 1817(a)(12) Abstract: The Office of the Comptroller of the Currency (OCC), the Board of Governors of the Federal Reserve System (Board), and the Federal Deposit Insurance Corporation (FDIC) (collectively, the Agencies) issued a final rule to implement section 205 of the Economic Growth, Regulatory Relief, and Consumer Protection Act by expanding the eligibility to file the agencies’ most streamlined report of condition, the FFIEC 051 Call Report, to include certain insured depository institutions with less than $5 billion in total consolidated assets that meet other criteria and, establishing reduced reporting on the FFIEC 051 Call Report for the first and third reports of condition for a year. The OCC and Board also are finalizing similar reduced reporting for certain uninsured institutions that they supervise with less than $5 billion in total consolidated assets that otherwise meet the same criteria. This Federal Register notice also includes a Paperwork Reduction Act notice to reduce the amount of data required to be reported on the FFIEC 051 Call Report for the first and third calendar quarters, and other related changes. Timetable:

Action Date FR Cite Board Requested Comments. 11/19/18 83 FR 58432 Board Adopted Final Rule. 06/21/19 84 FR 290053 Final Action Effec￾tive. 07/22/19 Regulatory Flexibility Analysis Required: Yes. Agency Contact: Laura Bain, Senior Attorney, Federal Reserve System, Legal Division, Washington, DC 20551, Phone: 202 736–5546. Claudia Von Pervieux, Senior Counsel, Federal Reserve System, Legal Division, Washington, DC 20551, Phone: 202 452–2552. RIN: 7100–AF12 [FR Doc. 2019–26557 Filed 12–23–19; 8:45 am] BILLING CODE 6210–01–P