Guidelines for Evaluating Account and Services Requests, 87 FR 51099, FR Doc 2022-17885

Bitcoin Research — Law, Regulation, Markets & Origins (2026)

Banking

2022-08-19

Document text

Research, not advice. Part of the Bitcoin research archive (October 2026). Claims labelled unverified, contested or fringe are reported, not endorsed; statuses of bills and rules are as of the date checked. Government, court and patent records are public domain; the research notes are CC BY 4.0.

Federal Register / Vol. 87, No. 160 / Friday, August 19, 2022 / Notices                                                  51099

                                              Exempt ESBT Trust, John Ross, as                        Taylorville, Inc., and thereby indirectly             and services and to different ways of
                                              trustee, the Sandra K. Ross 2021 GST-                   retain voting shares of First National                providing traditional banking services.
                                              Exempt ESBT Trust, Sandra Stinson, as                   Bank in Taylorville, both of Taylorville,             Relatedly, there has been a recent uptick
                                              trustee, John W. Ross and Missy Ross,                   Illinois.                                             in novel charter types being authorized
                                              James Szopinski, Community National                        B. Federal Reserve Bank of                         or considered by federal and state
                                              Bank f/b/o Jeffrey Stinson IRA, all of                  Minneapolis (Chris P. Wangen,                         banking authorities across the country.
                                              Milan, Tennessee; and Barry Jones,                      Assistant Vice President), 90 Hennepin                As a result, the Reserve Banks are
                                              Trenton, Tennessee; a group acting in                   Avenue, Minneapolis, Minnesota                        receiving an increasing number of
                                              concert to acquire and retain voting                    55480–0291. Comments can also be sent                 inquiries and access requests from
                                              shares of Hometown Bancorp, Inc., and                   electronically to [email protected]:                    institutions that have obtained, or are
                                              thereby indirectly acquire and retain                      1. Tyler Engstrom, Westhope, North                 considering obtaining, such novel
                                              voting shares of The Bank of Milan, both                Dakota; to acquire voting shares of                   charter types.
                                              of Milan, Tennessee.                                    Peoples State Holding Company
                                                                                                                                                            A. Summary of May 2021 Proposed
                                                Board of Governors of the Federal Reserve             (Company), and thereby indirectly
                                                                                                                                                            Account Access Guidelines
                                              System.                                                 acquire voting shares of Peoples State
                                              Michele Taylor Fennell,                                 Bank (Bank), both of Westhope, North                     On May 5, 2021, the Board requested
                                                                                                      Dakota. Additionally, Tyler Engstrom;                 comment on proposed guidelines to be
                                              Deputy Associate Secretary of the Board.
                                                                                                      Curtis Moum, Westhope, North Dakota;                  used by Reserve Banks in evaluating
                                              [FR Doc. 2022–17824 Filed 8–18–22; 8:45 am]
                                                                                                      and Darin Bohl, Bottineau, North                      requests for accounts and services
                                              BILLING CODE P
                                                                                                      Dakota, as a group acting in concert, to              (Original Proposal or Proposed
                                                                                                      acquire voting shares of Company and                  Guidelines).1 2 The Original Proposal
                                                                                                      thereby indirectly acquire voting shares              reflected the Board’s policy goals of (1)
                                              FEDERAL RESERVE SYSTEM
                                                                                                      of Bank.                                              ensuring the safety and soundness of the
                                              Change in Bank Control Notices;                                                                               banking system, (2) effectively
                                                                                                        Board of Governors of the Federal Reserve
                                              Acquisitions of Shares of a Bank or                     System.                                               implementing monetary policy, (3)
                                              Bank Holding Company                                                                                          promoting financial stability, (4)
                                                                                                      Michele Taylor Fennell,
                                                                                                                                                            protecting consumers, and (5)
                                                The notificants listed below have                     Deputy Associate Secretary of the Board.
                                                                                                                                                            promoting a safe, efficient, inclusive,
                                              applied under the Change in Bank                        [FR Doc. 2022–17925 Filed 8–18–22; 8:45 am]           and innovative payment system. The
                                              Control Act (Act) (12 U.S.C. 1817(j)) and               BILLING CODE P                                        Original Proposal was also intended to
                                              § 225.41 of the Board’s Regulation Y (12                                                                      ensure that Reserve Banks apply a
                                              CFR 225.41) to acquire shares of a bank                                                                       transparent and consistent set of factors
                                              or bank holding company. The factors                    FEDERAL RESERVE SYSTEM                                when reviewing requests for access to
                                              that are considered in acting on the                    [Docket No. OP–1747]                                  accounts and services (access requests).3
                                              applications are set forth in paragraph 7                                                                        The Original Proposal consisted of the
                                              of the Act (12 U.S.C. 1817(j)(7)).                      Guidelines for Evaluating Account and                 following six principles:
                                                The public portions of the                            Services Requests                                        1. Each institution requesting an account or
                                              applications listed below, as well as                                                                         services must be eligible under the Federal
                                              other related filings required by the                   AGENCY: Board of Governors of the
                                                                                                      Federal Reserve System.                               Reserve Act or other federal statute to
                                              Board, if any, are available for                                                                              maintain an account at a Reserve Bank and
                                              immediate inspection at the Federal                     ACTION: Final guidance.                               receive Federal Reserve services and should
                                              Reserve Bank(s) indicated below and at                                                                        have a well-founded, clear, transparent, and
                                                                                                      SUMMARY: The Board of Governors of the                enforceable legal basis for its operations.
                                              the offices of the Board of Governors.
                                                                                                      Federal Reserve System (Board) has                       2. Provision of an account and services to
                                              This information may also be obtained
                                                                                                      approved final guidelines (Account                    an institution should not present or create
                                              on an expedited basis, upon request, by
                                                                                                      Access Guidelines) for Federal Reserve                undue credit, operational, settlement, cyber
                                              contacting the appropriate Federal                                                                            or other risks to the Reserve Bank.
                                                                                                      Banks (Reserve Banks) to utilize in
                                              Reserve Bank and from the Board’s                                                                                3. Provision of an account and services to
                                                                                                      evaluating requests for access to Reserve
                                              Freedom of Information Office at                                                                              an institution should not present or create
                                                                                                      Bank master accounts and services
                                              https://www.federalreserve.gov/foia/                                                                          undue credit, liquidity, operational,
                                                                                                      (accounts and services).                              settlement, cyber or other risks to the overall
                                              request.htm. Interested persons may
                                                                                                      DATES: Implementation Date is August                  payment system.
                                              express their views in writing on the
                                              standards enumerated in paragraph 7 of                  19, 2022.                                                4. Provision of an account and services to
                                                                                                      FOR FURTHER INFORMATION CONTACT:                      an institution should not create undue risk to
                                              the Act.                                                                                                      the stability of the U.S. financial system.
                                                Comments regarding each of these                      Jason Hinkle, Assistant Director (202–
                                                                                                                                                               5. Provision of an account and services to
                                              applications must be received at the                    912–7805), Division of Reserve Bank                   an institution should not create undue risk to
                                              Reserve Bank indicated or the offices of                Operations and Payment Systems, or                    the overall economy by facilitating activities
                                              the Board of Governors, Ann E.                          Gavin Smith, Senior Counsel (202–452–                 such as money laundering, terrorism
                                              Misback, Secretary of the Board, 20th                   3474), Legal Division, Board of                       financing, fraud, cybercrimes, or other illicit
                                              Street and Constitution Avenue NW,                      Governors of the Federal Reserve                      activity.
                                              Washington, DC 20551–0001, not later                    System. For users of TTY–TRS, please
                                                                                                                                                              1 86 FR 25865 (May 11, 2021).
                                              than September 6, 2022.                                 call 711 from any telephone, anywhere
                                                                                                                                                              2 The Proposed Guidelines are designed to be
                                                A. Federal Reserve Bank of Chicago                    in the United States.
                                                                                                                                                            applied to both new and pending access requests as

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                                              (Colette A. Fried, Assistant Vice                       SUPPLEMENTARY INFORMATION:                            well as cases where the Reserve Bank determines
                                              President) 230 South LaSalle Street,                                                                          to reevaluate the risk of existing accounts. This
                                              Chicago, Illinois 60690–1414:                           I. Background                                         broad application is intended to ensure that risks
                                                1. The Revocable Trust Agreement                         The payments landscape is evolving                 are identified and mitigated and that institutions
                                                                                                                                                            are treated in a fair and equitable manner.
                                              No. 060134, James O. Beavers, trustee,                  rapidly as technological progress and                   3 In developing the Account Access Guidelines,
                                              both of Taylorville, Illinois; to retain                other factors are leading both to the                 the Board sought to incorporate as much as possible
                                              voting shares of First Bancorp of                       introduction of new financial products                existing Reserve Bank risk management practices.

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                                              51100                          Federal Register / Vol. 87, No. 160 / Friday, August 19, 2022 / Notices

                                                6. Provision of an account and services to            access to accounts and services. These                Supplemental Notice),5 which proposed
                                              an institution should not adversely affect the          risks include, among others, risks to the             to incorporate into the Account Access
                                              Federal Reserve’s ability to implement                  Reserve Banks, to the payment system,                 Guidelines a tiered review framework to
                                              monetary policy.
                                                                                                      to the financial system, and to the                   provide additional clarity on the level of
                                                 The first principle specified that only              effective implementation of monetary                  due diligence and scrutiny that Reserve
                                              institutions that are legally eligible for              policy. The Original Proposal would                   Banks would apply to different types of
                                              access to Reserve Bank accounts and                     prompt the Reserve Bank to evaluate an                institutions when applying the six risk-
                                              services would be considered for access.                eligible institution’s risk profile and               based principles.
                                              The remaining five principles addressed                 identify risk-mitigation strategies                      In the Original Proposal, the
                                              specific risks, ranging from narrow risks               adopted by the eligible institution                   introductory text to the Account Access
                                              (such as risk to an individual Reserve                  (including capital, risk management                   Guidelines noted that the application of
                                              Bank) to broader risks (such as risk to                 frameworks, compliance with                           the Guidelines to requests by federally-
                                              the U.S. financial system).4 For each of                regulations, and supervision) as well as              insured institutions should be fairly
                                              these five principles, the Original                     potential risk mitigants that could be                straightforward, while requests from
                                              Proposal set forth factors that Reserve                 implemented by the Reserve Bank                       non-federally-insured institutions may
                                              Banks should consider when evaluating                   (including account agreement                          necessitate more extensive due
                                              an institution’s access request against                 provisions, restrictions on financial                 diligence. The Supplemental Notice
                                              the specific risk targeted by the                       services accessed, and account risk                   proposed a three-tiered review
                                              principle (several factors are pertinent                controls).                                            framework—which would become
                                              to more than one principle). The                                                                              Section 2 of the Account Access
                                              identified factors are commonly used in                    In the Original Proposal, the Board                Guidelines—to provide additional
                                              the regulation and supervision of                       expressed the Federal Reserve’s broad                 clarity regarding the minimum level of
                                              federally-insured institutions and many                 policy goals in providing accounts and                review for different types of institutions.
                                              of the factors are utilized in existing                 services. In addition, the Board stated                  Under the Supplemental Notice,
                                              Reserve Bank risk management                            that, while the Proposed Guidelines                   proposed Tier 1 would consist of
                                              practices. The Original Proposal noted                  would be intended primarily to apply to               eligible institutions that are federally-
                                              that requests from non-federally-insured                new access requests, Reserve Banks                    insured. These institutions are already
                                              institutions would generally be subject                 would also apply them to existing                     subject to a homogeneous and
                                              to a greater level of review. In addition,              account and services relationships                    comprehensive set of federal banking
                                              the Board noted that, when applying the                 where appropriate, such as when a                     regulations, and, in most cases, detailed
                                              Account Access Guidelines, the Reserve                  Reserve Bank becomes aware of a                       regulatory and financial information
                                              Bank reviewing the access request                       significant increase in the risks that an             about these firms would be readily
                                              should integrate to the extent possible                 account holder presents due to changes                available to Reserve Banks. Accordingly,
                                              the assessments of the requesting                       in the nature of, for example, its                    the Supplemental Notice stated that
                                              institution by its state and/or federal                 principal business activities or                      access requests by Tier 1 institutions
                                              supervisors into the Reserve Bank’s own                 condition.                                            would generally be subject to a less
                                              independent assessment of the                              The Board requested comment on all                 intensive and more streamlined review.6
                                              institution’s risk profile.                             aspects of the Original Proposal,                        In the Supplemental Notice, proposed
                                                 The Board intended for the Original                  including whether the scope and                       Tier 2 would consist of eligible
                                              Proposal to support consistency in                      application of the Proposed Guidelines                institutions that are not federally-
                                              evaluating account access requests                      was sufficiently clear and appropriate to             insured but that are subject to federal
                                              across Reserve Banks, while                             achieve their intended purpose. The                   prudential supervision at the institution
                                              maintaining the discretion granted to                   Board also requested comment on                       and, if applicable, at the holding
                                              the Reserve Banks under the Federal                     whether other criteria or information                 company level.7 The Supplemental
                                              Reserve Act to grant or deny access                     might be relevant when Reserve Banks                  Notice explained that Tier 2 institutions
                                              requests. The Board noted in the                        evaluate access requests. The Board                   are subject to similar but not identical
                                              Original Proposal that a consistent                     further sought comment specifically on                regulations as federally-insured
                                              framework across Reserve Banks would                    the following aspects of the Original                 institutions, and as a result, may present
                                              reduce the potential that one Reserve                   Proposal:                                             greater risks than Tier 1 institutions.
                                              Bank might be considered to be more                                                                           Additionally, detailed regulatory and
                                                                                                         1. Do the Proposed Guidelines address all          financial information regarding Tier 2
                                              likely to grant access requests than
                                                                                                      the risks that would be relevant to the
                                              another Reserve Bank and would                          Federal Reserve’s policy goals?
                                                                                                                                                            institutions is less likely to be available
                                              mitigate the risk that an individual                       2. Does the level of specificity in each           and may not be available in public form.
                                              access request decision by one Reserve                  principle provide sufficient clarity and              Accordingly, the Supplemental Notice
                                              Bank could create de facto Federal                      transparency about how the Reserve Banks              stated that access requests by Tier 2
                                              Reserve System policy regarding access                  will evaluate requests?                               institutions would generally receive an
                                              requests for a particular business model                   3. Do the Proposed Guidelines support              intermediate level of review.
                                              or risk profile.                                        responsible financial innovation?                        In the Supplemental Notice, proposed
                                                 The Original Proposal was based on a                                                                       Tier 3 would consist of eligible
                                              foundation of risk management and                         Finally, the Board sought comment on
                                              mitigation. In developing the Original                  whether the Board or the Reserve Banks                  5 87 FR 12957 (March 8, 2022).

                                              Proposal, the Board considered the risks                should consider other steps or actions to                6 The Supplemental Notice stated that, in cases

                                                                                                      facilitate the review of access requests              where the application of the Guidelines to a Tier

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                                              that may arise when an institution gains                                                                      1 institution identifies a potentially higher risk
                                                                                                      in a consistent and equitable manner.
                                                                                                                                                            profile, the institution would receive additional
                                                 4 The six principles were designed primarily as a
                                                                                                      B. Summary of March 2022                              attention.
                                              risk management framework and, as such, focused         Supplemental Notice
                                                                                                                                                               7 The Supplemental Notice noted the Board

                                              on risks an institution’s access could pose. The                                                              would expect holding companies of Tier 2
                                              Board notes, however, that granting an access                                                                 institutions to comply with similar requirements as
                                              request could also have net benefits to the financial
                                                                                                        On March 1, 2022, the Board                         holding companies subject to the Bank Holding
                                              system.                                                 published a second notice (the                        Company Act.

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                                                                            Federal Register / Vol. 87, No. 160 / Friday, August 19, 2022 / Notices                                           51101

                                              institutions that are not federally                     take comparatively longer to review                   stated policy goals. These
                                              insured and not subject to prudential                   access requests by institutions that                  recommendations to amend the
                                              supervision by a federal banking agency                 engage in novel activities for which                  Proposed Guidelines were often
                                              at the institution or holding company                   authorities are still developing                      conflicting.
                                              level. The Supplemental Notice stated                   appropriate supervisory and regulatory                   Many commenters made
                                              that Tier 3 institutions may be subject                 frameworks.                                           recommendations that would, in their
                                              to a supervisory or regulatory                             By adopting the final Account Access               view, provide an easier path for
                                              framework that is substantially different               Guidelines, the Board would establish a               institutions, particularly those with
                                              from, and possibly weaker than, the                     transparent and equitable framework for               novel charters, to successfully gain
                                              supervisory and regulatory framework                    Reserve Banks to apply consistently to                access to accounts and services. Some of
                                              that applies to federally-insured                       access requests. To promote                           these commenters recommended that
                                              institutions, and as a result may pose                  consistency, the Reserve Banks are                    the Board provide more specific
                                              the highest level of risk. Detailed                     working together, in consultation with                requirements for access requests, so that
                                              regulatory and financial information                    the Board, to expeditiously develop an                requesting institutions, chartering
                                              regarding Tier 3 institutions may not                   implementation plan for the final                     authorities, and other banking regulators
                                              exist or may be unavailable.                            Guidelines.                                           would have more clarity on what is
                                              Accordingly, the Supplemental Notice                                                                          required for obtaining access to
                                                                                                      A. Comments on the Original Proposal
                                              stated that access requests by Tier 3                                                                         accounts and services. Other
                                              institutions would generally receive the                   The Board received 46 individual                   commenters stated that the Proposed
                                              strictest level of review.                              comment letters and 281 duplicate form                Guidelines may be ineffective if they are
                                                 The Board sought comment on all                      letters in response to the Original                   implemented in a way that subjects
                                              aspects of the proposed three-tiered                    Proposal. Nearly all of the comment                   institutions with novel charters to
                                              review framework.                                       letters expressed general support for the             restrictions that resemble regulatory
                                                                                                      Proposed Guidelines, and most letters                 requirements that do not fit their
                                              II. Discussion                                          also made recommendations for                         business models. While some
                                                 The Board is adopting final Account                  improvements. Commenters represented                  commenters generally stated that
                                              Access Guidelines. Section 1 of the final               several types of institutions, including              requirements for access to accounts and
                                              Account Access Guidelines is                            (1) institutions with traditional charters,           services should accommodate
                                              substantially the same as the Original                  such as banks and credit unions, and                  institutions that have different levels of
                                              Proposal with minor changes to improve                  their trade associations; (2) institutions            regulatory oversight, others suggested
                                              clarity in response to comments                         with novel charters, such as                          that the Board establish charter-specific
                                              received. As described further below,                   cryptocurrency custody banks, and their               requirements for account access. Some
                                              the Board has made certain changes in                   trade associations; and (3) think tanks               commenters expressed concern about
                                              Section 2 of the final Account Access                   and non-profit advocacy groups. The                   the statement in the Original Proposal
                                              Guidelines to provide more comparable                   views expressed by the first category of              that ‘‘access requests from non-
                                              treatment between non-federally-                        commenters often conflicted with the                  federally-insured institutions may
                                              insured institutions chartered under                    views expressed by the second category                require more extensive due diligence,’’
                                              state and federal law. Specifically, the                of commenters. The duplicate form                     suggesting that this position would stifle
                                              Board has revised Tier 2 to include a                   letters included recommendations that                 innovation to the extent that it would
                                              narrower set of non-federally-insured                   mirrored those submitted by trade                     impose stricter requirements on state-
                                              national banks than the definition                      associations for institutions with                    chartered institutions without federal
                                              proposed in the Supplemental Notice.8                   traditional charters, which opposed                   deposit insurance. Finally, some
                                              Under the revised Tier 2, non-federally-                greater account access for institutions               commenters recommended that the
                                              insured institutions that are chartered                 with novel charters.                                  Board could mitigate the risks posed by
                                              under federal law will only be                             Many commenters provided general                   institutions with certain novel banking
                                              considered in Tier 2 if the institution                 comments on the Original Proposal that                charters by allowing such institutions to
                                              has a holding company that is subject to                addressed one or more of three high-                  maintain limited-access accounts that
                                              Federal Reserve oversight. In addition,                 level themes: (1) policy requirements to              would provide a subset of services
                                              the Board is updating the Section 2                     gain access to accounts and services; (2)             offered by Reserve Banks.
                                              tiering framework to emphasize that the                 implementation of the Proposed                           Many commenters, on the other hand,
                                              review of institutions’ requests will be                Guidelines; and (3) legal eligibility for             recommended that the Proposed
                                              completed on a case-by-case, risk-                      Reserve Bank accounts. Some                           Guidelines should provide a more
                                              focused basis within each of the three                  commenters made recommendations                       challenging path for institutions with
                                              tiers.9 For example, Reserve Banks may                  related to the Proposed Guidelines that               novel charters to gain access to accounts
                                                                                                      did not fit into these themes and are                 and services. Many of these commenters
                                                8 These revisions to Tier 2 apply only to non-
                                                                                                      also described below. Lastly, some                    argued that the Proposed Guidelines
                                              federally-insured institutions chartered under          commenters provided responses to the                  should subject non-federally-insured
                                              federal law. Under the final Account Access
                                              Guidelines, a non-federally-insured institution         specific questions posed in the Original              institutions to the same types of
                                              chartered under state law will (consistent with the     Proposal as well as comments on                       requirements as apply to federally-
                                              Supplemental Notice) be considered in Tier 2 if (i)     specific principles in the Proposed                   insured depository institutions,
                                              the institution is subject to prudential supervision    Guidelines.                                           regardless of the institution’s business
                                              by a federal banking agency, and (ii) to the extent
                                              the institution has a holding company, that holding
                                                                                                                                                            model. These commenters generally
                                                                                                      1. Policy Requirements To Gain Access

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                                              company is subject to Federal Reserve oversight.                                                              argued that institutions with novel
                                                9 As described further below, the Board is making
                                                                                                      to Accounts and Services                              charters are not subject to the same
                                              some other minor updates to Section 2 of the               Most commenters, while supporting                  strict and costly regulations or to the
                                              Account Access Guidelines, including clarifying         the Proposed Guidelines, provided                     same rigorous reviews as apply to
                                              that Edge and Agreement Corporations and U.S.
                                              branches and agencies of foreign banks would fall
                                                                                                      recommendations for improvements to                   traditional institutions, providing such
                                              under a Tier 2 level of review due to Federal           the Guidelines that, in their view,                   institutions with unfair advantages over
                                              Reserve oversight over these institutions.              would assist the Board in achieving its               institutions with traditional charters.

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                                              51102                         Federal Register / Vol. 87, No. 160 / Friday, August 19, 2022 / Notices

                                              Some commenters recommended that                        the mechanism(s) by which such                        Board Response
                                              the Proposed Guidelines include more                    consistency would be achieved. Other                     In the final Account Access
                                              granular and strict standards, such as                  commenters went further, suggesting                   Guidelines, the Board’s primary goal is
                                              explicit capital and liquidity                          that the Board should give consent and                to establish a transparent and consistent
                                              requirements. Others recommended                        non-objection to Reserve Bank access-                 framework for all access requests across
                                              additional requirements for account                     request determinations, or that the                   Reserve Banks from both risk and policy
                                              access, such as compliance with the                     Board should form a centralized (i.e.,                perspectives. To emphasize this goal,
                                              Community Reinvestment Act and                          Board-led) evaluation committee to                    the Board has incorporated in the
                                              consumer protection laws, or that                       consider access requests. Further,                    introduction to the final Account Access
                                              Reserve Banks consider the risks from                   several commenters suggested various                  Guidelines the expectation that Reserve
                                              an institution’s affiliate relationships                avenues for increased communication                   Banks engage in consultation with the
                                              and subject an institution’s holding                    from Reserve Banks about their                        other Reserve Banks and the Board, as
                                              company to the Bank Holding Company                                                                           appropriate, to support consistent
                                                                                                      decisions to grant or deny account
                                              Act. Still other commenters suggested                                                                         implementation of the Account Access
                                                                                                      requests, including publishing decisions
                                              that the Proposed Guidelines should                                                                           Guidelines. In further support of this
                                              require all accountholders that do not                  on access requests (including any
                                                                                                      supporting analysis), maintaining an up-              goal and as explained further below, the
                                              file call reports to publicly provide                                                                         Board has adopted a new Section 2 of
                                              periodic audited financial reports so                   to-date list of all institutions that have
                                                                                                      been granted access, and formally                     the Account Access Guidelines
                                              that payment system participants are                                                                          establishing a tiered review framework
                                              better able to assess counterparty risk.                communicating with state regulators
                                                                                                      about how the Federal Reserve views                   that provides additional guidance on the
                                              Board Response                                                                                                level of due diligence and scrutiny to be
                                                                                                      particular state charters. In addition,
                                                                                                                                                            applied to access requests. Additionally,
                                                 The Board believes that the final                    many commenters recommended that
                                                                                                                                                            as noted previously, the Reserve Banks
                                              Account Access Guidelines provide a                     the Board establish timelines within                  are working together, in consultation
                                              framework that will effectively support                 which Reserve Banks must grant or                     with the Board, to expeditiously
                                              responsible innovation and prudent risk                 deny access requests, arguing that such               develop an implementation plan for the
                                              management. The Account Access                          timeliness would provide greater                      final Guidelines.
                                              Guidelines establish a consistent,                      transparency and give requesting                         Regarding comments to disclose
                                              comprehensive, and transparent                          institutions more clarity on the                      information on particular requests, the
                                              framework for Reserve Banks to analyze                  resources and time needed for the                     Board notes that when evaluating access
                                              access requests on a case-by-case, risk-                evaluation process. One commenter                     requests, Reserve Banks communicate
                                              focused basis reflecting the institution’s              further argued that expectations of a                 directly with the requestor and, in some
                                              full risk profile (including its business               lengthy review process could discourage               cases, with the institution’s primary
                                              model, size, complexity, and regulatory                 institutions with novel charters from                 regulator, including by requesting
                                              framework) and to mitigate, to the                                                                            additional information, clarifying the
                                                                                                      requesting accounts and thus discourage
                                              extent possible, the risks identified.                                                                        status of the request, and
                                                                                                      innovation.
                                              Furthermore, as noted in the Original                                                                         communicating any controls or
                                              Proposal, each requesting institution’s                    Commenters expressed differing
                                                                                                      opinions on whether a Reserve Bank                    limitations that might be placed on the
                                              risk management and governance                                                                                account and services. However, the
                                              infrastructure is expected both to meet                 should conduct an independent
                                                                                                                                                            identity of institutions that maintain
                                              existing regulatory and supervisory                     assessment of a requestor’s risk profile.
                                                                                                                                                            accounts at Reserve Banks, or that
                                              requirements and to be sufficiently                     Some commenters suggested that a
                                                                                                                                                            request access to accounts and services,
                                              tailored to the institution’s business, in              Reserve Bank’s assessment of a                        is considered confidential business
                                              the Reserve Bank’s assessment, to                       requestor’s risk profile should defer to              information and, as such, public
                                              mitigate the risks identified by the                    the primary regulator’s assessment of                 disclosure of account status by the
                                              Account Access Guidelines.                              the risks posed by the institution, while             Reserve Banks would not be
                                                 As noted in the final Account Access                 others said the Board should ensure that              appropriate.10
                                              Guidelines, a Reserve Bank may                          a Reserve Bank conduct an independent                    The Board has also considered
                                              implement risk mitigants including                      risk assessment separate from that of the             whether the final Account Access
                                              imposing conditions or restrictions on                  institution’s primary regulator.                      Guidelines should include a timeline for
                                              an institution’s access to accounts and                 Additionally, a few commenters                        completing reviews of access requests
                                              services if necessary to mitigate risks set             suggested that the Board remove                       by Reserve Banks. The Board believes
                                              forth in the Account Access Guidelines.                 language from the Proposed Guidelines                 that the nature of relevant variables in
                                              Reserve Banks also retain the discretion                that recognizes the authority granted to              access requests—including the variety
                                              to deny a request for access to accounts                Reserve Banks under the Federal                       of charter types, business models,
                                              and services where, in the Reserve                      Reserve Act to exercise discretion in                 regulatory regimes, and risk profiles—
                                              Bank’s assessment, granting access to                   granting or denying requests for                      precludes specification of a single
                                              the institution would pose risks that                   accounts and services.                                timeline. The Reserve Banks face
                                              cannot be sufficiently mitigated.                                                                             challenges in balancing the desire by
                                                                                                         Many commenters argued that the
                                              2. Implementation of the Account                        Proposed Guidelines should require                    requestors for a specific timeline with
                                              Access Guidelines                                       ongoing review of non-federally-insured               Reserve Banks’ need to perform
                                                                                                      institutions, so as to appropriately                  thorough reviews of requestors with

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                                                 Many commenters provided
                                                                                                      monitor the risks that such institutions,             novel, complex, or high-risk business
                                              recommendations related to how the
                                                                                                      and especially those with novel                       plans, along with requestors that are
                                              Proposed Guidelines will be
                                                                                                                                                            subject to novel regulatory regimes.
                                              implemented and how to promote                          charters, could pose after obtaining
                                              consistency in their application by                     access to accounts and services. Some                   10 The Board notes that institutions may choose
                                              Reserve Banks. Some of these                            commenters singled out cyber risk as a                to self-publicize their account and service requests
                                              commenters asked the Board to specify                   specific area for ongoing review.                     and status.

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                                                                            Federal Register / Vol. 87, No. 160 / Friday, August 19, 2022 / Notices                                                    51103

                                              Setting a specific timeline could result                that the Board should study account                    legally may request access to Reserve
                                              in an increased number of premature or                  access decisions by other central banks.               Bank accounts and services.
                                              unnecessary denials of access requests                  One commenter argued that the Board
                                                                                                                                                             4. Additional Comments
                                              in cases where the specified timeline                   should interpret the definition of a
                                              does not allow the Reserve Banks                        ‘‘depository institution’’ eligible for                A. Comments Supporting a Ban on
                                              sufficient time to understand the                       access to accounts and services as                     Novel Charter Account Access
                                              intricacies of the requesting institutions’             broadly as possible to support expanded                   Some commenters suggested that
                                              risk profiles. Accordingly, the Board has               access to accounts and services, which                 novel charters mix commercial and
                                              not adopted a timeline expectation in                   the commenter argued would support                     financial activities and provide a ‘‘back
                                              the final Account Access Guidelines,                    financial innovation.                                  door entry’’ into banking for commercial
                                              but the Board has added language to                        Several commenters recommended                      entities. These commenters
                                              emphasize the Board’s expectations for                  that the Board should ensure that its                  recommended that the Federal Reserve
                                              Reserve Banks to coordinate in focusing                 interpretation of legal eligibility                    not grant access requests from
                                              on both timeliness and consistency in                   supports responsible financial                         institutions with novel charters.
                                              evaluating access requests.                             innovation as stated as a policy goal of
                                                 The Board believes it is important that              the Board. Some of these commenters                    Board Response
                                              Reserve Banks evaluate both the                         recommended that the Board review                         The Board does not believe that it is
                                              potential risks posed by an eligible                    legal eligibility broadly to support                   appropriate to categorically exclude all
                                              institution’s access request and the                    innovation and expand eligibility. One                 novel charters from access to accounts
                                              potential actions to mitigate such risks.               commenter recommended that the                         and services. The Account Access
                                              The final Account Access Guidelines                     Board decouple legal eligibility for a                 Guidelines as adopted are intended to
                                              emphasize that a Reserve Bank should                    Reserve Bank account from eligibility                  be applied by Reserve Banks to access
                                              integrate, to the extent possible, the                  for direct access to Federal Reserve                   requests from eligible institutions with
                                              assessments of an institution by state                  financial services. The commenter                      both novel and more traditional
                                              and/or federal supervisors into the                     argued that decoupling direct access to                charters. The Board believes that the
                                              Reserve Bank’s independent assessment                   services from eligibility for accounts                 final Account Access Guidelines will
                                              of the institution’s risk profile. This                 would have benefits for consumers and                  provide a robust framework for
                                              integration will ensure that Reserve                    pointed to other countries which have                  analyzing and mitigating risks.
                                              Banks use all relevant data in pursuing                 taken such action.
                                              the goal of prudent risk management.                                                                           B. Comments Opposing the Proposed
                                              The Board has also added language in                    Board Response                                         Guidelines
                                              the final Account Access Guidelines                        As the Board noted in the Original                    While most commenters supported
                                              that clarifies the respective roles of the              Proposal, it has been considering                      the Original Proposal, three commenters
                                              Board (Reserve Bank oversight) and the                  whether it may be useful to clarify the                opposed the Proposed Guidelines
                                              Reserve Banks (discretion in decision                   interpretation of legal eligibility under              entirely. One of these commenters
                                              making) with respect to evaluating                                                                             argued the Guidelines created opacity in
                                                                                                      the Federal Reserve Act for access to
                                              access requests.                                                                                               the master account process, not clarity.
                                                                                                      accounts and services. After a careful
                                                 With regard to the recommendation
                                                                                                      analysis of this issue, the Board has                  Two other commenters opposed the
                                              for ongoing review of the risks posed by
                                                                                                      determined it is not necessary to do so                Proposal because, in their view, the
                                              non-federally-insured institutions’
                                                                                                      at this time. The Account Access                       Proposed Guidelines would expand
                                              access to accounts and services once an
                                              access request has been granted, the                    Guidelines do not establish a legal                    access to accounts and services to
                                              Board notes that the introduction to the                eligibility standard, but the first                    institutions with novel business models
                                              Account Access Guidelines includes                      principle clearly states that institutions             that pose high levels of risk to the
                                              language discussing existing condition                  must be eligible under the Federal                     payments and banking system.12
                                              monitoring practices. The Board                         Reserve Act or other federal statute to
                                                                                                                                                             Board Response
                                              believes that the Reserve Banks’ existing               maintain an account at a Reserve Bank.
                                                                                                      The Board believes this provides                          The Board believes that the final
                                              risk-management practices sufficiently
                                                                                                      sufficient clarity on what entities may                Account Access Guidelines provide
                                              address the risks identified by these
                                                                                                      legally request access to account and                  greater transparency and clarity than
                                              comments without the need for an
                                                                                                      services, and the Reserve Banks will                   currently exist on the factors that
                                              explicit expectation in the Account
                                                                                                      continue to assess an institution’s legal              Reserve Banks should consider in
                                              Access Guidelines for ongoing review of
                                                                                                      eligibility under Principle 1 on a case-               evaluating access requests. The Board
                                              non-federally-insured institutions.
                                                                                                      by-case basis to ensure that only entities             also believes that the final Account
                                              3. Legal Eligibility                                    that are legally eligible may request to               Access Guidelines strike an appropriate
                                                 Some commenters requested that the                   obtain such access.11                                  balance between providing transparency
                                              Guidelines more specifically address                       The Board notes that the purpose of                 and allowing for implementation of the
                                              legal eligibility for access to accounts                the Account Access Guidelines is to                    Guidelines across a variety of potential
                                              and services. Others presented                          ensure that Reserve Banks evaluate a                   institutions that may request accounts
                                              arguments about what entities are, or                   transparent and consistent set of risk-                (e.g., institutions with differing charter
                                              should be, legally eligible for access to               focused factors when reviewing account                 types, business models, or regulatory
                                              accounts and services. Other                            requests. The Board is not expanding (or               regimes). The Board believes that the
                                                                                                                                                             final Account Access Guidelines create

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                                              commenters suggested that the Board                     limiting) the types of institutions that
                                              should issue a moratorium on granting                                                                          a structured and sufficiently transparent
                                              access requests made by institutions                      11 While Reserve Banks exercise decision-making      framework that will help to foster a
                                              with novel charters until the Board                     authority with respect to access requests, the Board
                                                                                                      has interpretive authority with respect to the           12 Many of these commenters pointed to ‘‘fintech’’
                                              clarifies legal eligibility, that the Board             Federal Reserve Act and thus is responsible for        related business models and other novel special
                                              should publish a list of charter types                  interpreting the provisions of the Act concerning      purpose charters as posing heightened risk to the
                                              already deemed to be legally eligible, or               legal eligibility.                                     payment system and financial markets.

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                                              51104                         Federal Register / Vol. 87, No. 160 / Friday, August 19, 2022 / Notices

                                              consistent evaluation of access requests                adequately mitigate those risks. The                  additional guidance on the level of due
                                              across all twelve Reserve Banks and will                Board also recognizes that some smaller               diligence expected by Reserve Banks for
                                              benefit the financial system broadly.                   institutions with traditional charters                requests from institutions that are not
                                                 In response to the comments related                  would likely not create risks to financial            subject to regulatory and supervisory
                                              to expansion of eligibility, the Board                  stability or monetary policy                          oversight similar to that applied to
                                              emphasizes that, as noted previously,                   implementation. Nevertheless, the                     federally-insured institutions.
                                              the Account Access Guidelines do not                    Board has determined that both the                      b. Question 2
                                              establish legal eligibility standards but               financial stability principle and the
                                              instead establish a risk-focused                        monetary policy principle should                        The Board asked whether the level of
                                              framework for evaluating access                         remain in the final Account Access                    specificity in each principle provides
                                              requests from legally eligible                          Guidelines, because they provide full                 sufficient clarity and transparency about
                                              institutions under federal law.                         transparency to the public on the types               how the Reserve Banks will evaluate
                                                                                                      of factors Reserve Banks should                       requests. Many commenters addressing
                                              C. Comments on Individual Principles                                                                          Question 2 recommended that the Board
                                                                                                      consider in evaluating access requests.
                                                 The Board received some comments                     In addition, the Board has amended a                  add more detail to the Proposed
                                              on individual principles in the Original                footnote in the Account Access                        Guidelines to increase the level of
                                              Proposal. Several commenters, while on                  Guidelines to delete the language that a              clarity and transparency.
                                              net supportive of Principle 4 (Financial                few commenters interpreted to suggest                 Board Response
                                              Stability) and Principle 6 (Monetary                    that Reserve Banks have the authority to
                                              Policy Implementation), suggested some                  establish the IORB rate.                                 The Board’s response to these
                                              refinements, including a specification                                                                        comments is described in Section II.A.
                                              that most ‘‘traditional’’ institutions, due             D. Comments on Specific Questions
                                                                                                                                                               c. Question 3
                                              to their business model and size, would                    As noted previously, the Original
                                              not create risks to financial stability                 Proposal posed three specific questions                  The Board asked whether the
                                              and/or monetary policy                                  and an additional open-ended question                 principles support responsible financial
                                              implementation. Other commenters                        to the public.                                        innovation. Several commenters stated
                                              interpreted Principle 6 to suggest that                    a. Question 1                                      that the Proposed Guidelines achieve a
                                              Reserve Banks, rather than the Board,                      The Board asked whether the                        balance between supporting responsible
                                              have the authority to establish the rate                principles in the Proposed Guidelines                 financial innovation and managing the
                                              of interest on reserve balances (IORB). A               address all the risks that would be                   identified risks by allowing for
                                              few commenters expressed concern that                   relevant to the Federal Reserve’s policy              flexibility to accommodate different
                                              these principles would be challenging to                goals. Commenters generally agreed that               business models. Other commenters
                                              assess. Within this group, one                          the risks identified in the Proposed                  expressed concern, however, that the
                                              commenter opined that the Board                         Guidelines are relevant for the Reserve               implementation of the Proposed
                                              should adapt its monetary policy                        Banks to consider when evaluating                     Guidelines could stifle innovation if
                                              practices to the economic reality created               access requests. Many commenters                      institutions were forced to comply with
                                              by a competitive market rather than                     raised concerns, however, regarding the               rules and regulations that do not make
                                              embed a monetary policy principle in                    ability of Reserve Banks to mitigate                  sense for their business model, size, or
                                              the Guidelines. Finally, many                           these risks in the case of institutions               complexity.
                                              commenters commended the Board for                      with novel charters that are not subject              Board Response
                                              addressing these topics in the                          to regulatory and supervisory oversight
                                              Guidelines; some of these commenters                    that is similar to that applied to                       The Board believes the final Account
                                              asked the Board to expand its                           federally-insured institutions. Some                  Access Guidelines support risk-focused,
                                              discussion of the potential negative                    commenters suggested that the Proposed                case-by-case review by Reserve Banks of
                                              effects that granting account access to                 Guidelines should put greater emphasis                access requests. As such, the Board
                                              institutions with novel charters could                  on consumer protection, particularly                  believes the Account Access Guidelines
                                              have on financial stability and monetary                consumer privacy, and on cybersecurity                support responsible innovation by
                                              policy implementation.                                  risks.                                                balancing the provision of accounts and
                                              Board Response                                          Board Response                                        services to a wide range of institutions
                                                                                                                                                            on the one hand and managing risks
                                                 The Board recognizes the concerns                       The Board notes that cybersecurity                 related to such access on the other. This
                                              raised by commenters that the                           risk is included in Principle 2 (Risk to              is discussed in more detail in Section
                                              principles focused on financial stability               the Reserve Bank) and Principle 3 (Risk               II.A.
                                              and monetary policy implementation                      to the Payment System) of the final
                                                                                                      Account Access Guidelines as a factor                    d. Question 4
                                              deal with complex topics requiring
                                              levels of analysis and precision that may               that Reserve Banks should consider in                    The Board also requested comment on
                                              be challenging to address. For instance,                their review of account requests. The                 whether the Board or the Reserve Banks
                                              it will be difficult to forecast how                    Board also notes that, while the Account              should consider other steps or actions to
                                              granting account access to a requesting                 Access Guidelines do not specify                      facilitate the review of access requests
                                              institution would affect the level and                  consumer protection as an account-                    in a consistent and equitable manner.
                                              variability of the demand for and supply                related risk, Principle 1 (Legal                      As noted previously, commenters
                                              of reserves balances—which is                           Eligibility) provides that Reserve Banks              provided a wide range of comments that
                                                                                                                                                            recommended potential improvements

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                                              important to monetary policy                            should assess the extent to which an
                                              implementation. However, the Federal                    institution’s activities and services                 to the Account Access Guidelines to
                                              Reserve is able to estimate the potential               comply with applicable laws and                       enhance their effectiveness.
                                              risk posed by a requestor (such as the                  regulations, including those that address             Board Response
                                              risk that an institution might have large,              consumer protection. Lastly, Section 2
                                              unpredictable swings in its account                     of the final Account Access Guidelines                  The Board addressed these comments
                                              balance) and whether existing tools can                 (discussed further below) provides                    in Section II.A–C.

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                                                                            Federal Register / Vol. 87, No. 160 / Friday, August 19, 2022 / Notices                                                    51105

                                              E. Technical Changes                                    charters as compared to those with                    framework should focus on an
                                                 Principle 5 in the Account Access                    federal charters; (2) undermine the dual              institution’s past performance as a key
                                              Guidelines addresses the risks to the                   banking system; and (3) ignore the                    criterion for determining whether it is
                                              overall economy. While the Board did                    strong prudential regulation that some                included in Tier 2 or Tier 3.
                                              not receive specific comments on                        states have in place for non-federally-                  Other commenters on the
                                              Principle 5, it has made minor technical                insured institutions.                                 Supplemental Notice supported the
                                              changes to the language to ensure the                      Broadly, this group of commenters                  tiering framework as proposed, noting
                                              clarity and accuracy of the discussions                 focused their concerns on the placement               that it provides additional transparency
                                              of institutions’ Bank Secrecy Act/Anti-                 of depository institutions in proposed                and clarity on the level of review an
                                              Money Laundering (BSA/AML) and                          Tier 2 and Tier 3 while noting that they              access request would receive based on
                                              Office of Foreign Assets Control (OFAC)                 viewed Tier 1 as proposed as equitable                key characteristics. One commenter
                                              requirements and compliance programs.                   and non-problematic. In particular,                   noted that the tiering framework would
                                              The Board has also made other minor                     these commenters expressed concerns                   help an institution requesting access
                                                                                                      that non-federally-insured national trust             understand Reserve Bank expectations
                                              technical edits to enhance the clarity of
                                                                                                      banks (NTBs) chartered by the Office of               and take steps to demonstrate that
                                              the Guidelines (e.g., replacing the term
                                                                                                      the Comptroller of the Currency (OCC)                 appropriate risk management policies
                                              ‘‘factors’’ with ‘‘principles’’ for
                                                                                                      would receive preferential treatment                  and safeguards are in place.
                                              consistency and clarifying the risk-free
                                                                                                      under the proposed guidelines and
                                              nature of Reserve Bank balances).                                                                             Board Response
                                                                                                      asserted that many state-chartered trusts
                                              B. Comments on the Supplemental                         are subject to robust prudential                         The Board has reviewed the
                                              Notice                                                  regulations. They further argued that the             comments provided and revised its
                                                 The Board received 24 comment                        tiering framework erroneously implies                 approach to Tiers 2 and 3 in the final
                                              letters on the Supplemental Notice.                     that NTBs are subject to a similar set of             Account Access Guidelines.
                                              While most commenters generally                         regulations as federally-insured                      Specifically, the Board has made certain
                                              expressed support for the proposed                      institutions. Two of the commenters                   changes in Section 2 of the final
                                              tiering framework, four commenters                      further stated that their respective state-           Account Access Guidelines to provide
                                              objected to the manner in which the                     chartered trust banks are subject to                  more comparable treatment between
                                              proposed tiering framework would treat                  robust regulation and supervision and                 non-federally-insured institutions
                                              certain state-chartered institutions. A                 suggested that these institutions should              chartered under state and federal law.
                                              different group of commenters                           be subject to a less strict level of review           As discussed above, the Board has
                                              supported the tiering framework and                     than the Board proposed.                              modified Tier 2 to include a narrower
                                                                                                         Relatedly, these commenters argued                 set of non-federally-insured national
                                              called for heightened scrutiny of non-
                                                                                                      that the proposed tiering framework                   banks than proposed in the
                                              federally-insured depository institutions
                                                                                                      would introduce a bias in favor of                    Supplemental Notice. Under the revised
                                              that request Reserve Bank accounts.
                                                                                                      federally-chartered institutions                      Tier 2, a non-federally-insured
                                              Many commenters reiterated the
                                                                                                      compared to state-chartered institutions.             institution chartered under federal law
                                              comments that they previously                           They argued that the tiering framework
                                              submitted on the Original Proposal.13 In                                                                      will be considered in Tier 2 only if the
                                                                                                      as proposed would result in an uneven                 institution has a holding company that
                                              particular, a number of commenters                      playing field that would undermine the
                                              recommended that non-federally-                                                                               is subject to Federal Reserve oversight.
                                                                                                      dual banking system. One of the                       In addition, a non-federally-insured
                                              insured institutions, particularly those                commenters recommended that the
                                              in Tier 3, not be granted access to                                                                           institution chartered under state law
                                                                                                      Board revise the Proposed Guidelines to               will (as proposed in the Supplemental
                                              Reserve Bank accounts and services.                     ensure that access to Reserve Bank
                                              Additionally, one commenter, who                                                                              Notice) be considered in Tier 2 if (i) the
                                                                                                      accounts and services be afforded to
                                              supported the tiering framework                                                                               institution is subject (by statute) to
                                                                                                      eligible institutions on an equitable and
                                              generally, objected to Reserve Banks                                                                          prudential supervision by a federal
                                                                                                      impartial basis, regardless of whether
                                              subjecting institutions with existing                                                                         banking agency, and (ii) to the extent
                                                                                                      they are state-chartered or federally-
                                              accounts to what the commenter termed                                                                         the institution has a holding company,
                                                                                                      chartered.
                                              ‘‘new standards’’ once the Board’s                         Lastly, these commenters objected to               that holding company is subject to
                                              Proposed Guidelines are made final.                     language in proposed Tier 3 that might                Federal Reserve oversight (by statute or
                                                                                                      imply that state banking authorities’                 commitments).14
                                              1. Treatment of State-Chartered                                                                                  The Board believes it is appropriate to
                                              Institutions                                            supervision is weaker than that of
                                                                                                      federal banking authorities. These                    subject non-federally-insured
                                                 Four commenters objected to the                      commenters point to the robust                        institutions that the Federal Reserve
                                              manner in which the proposed tiering                    regulatory standards and close                        supervises to an intermediate level of
                                              framework would treat certain state-                    supervision that states have had in place             review under Tier 2, as the Reserve
                                              chartered institutions. These                           for many years for non-federally-insured              Banks already have supervisory
                                              commenters principally argued that the                  institutions. One of the commenters also              information about, as well as regulatory
                                              proposed tiering framework would (1)                    noted that state regulators work closely              authority over, such institutions and
                                              result in disparate treatment of non-                   with their Reserve Bank on the                        understands their risk profiles. Tier 3
                                              federally-insured institutions with state               supervision of state member banks.                    will contain all other non-federally-
                                                                                                         One of the commenters recommended                  insured institutions.
                                                 13 For example, many commenters restated
                                                                                                                                                               In addition, the Board has made

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                                              comments relating to legal eligibility for accounts
                                                                                                      that the Account Access Guidelines
                                                                                                      should not have a tiering framework                   minor updates to the proposed tiering
                                              and services, while other commenters restated their
                                              comment suggesting that non-federally-insured           but, alternatively, that Reserve Banks                framework to emphasize that the review
                                              institutions should receive accounts and services       should review access requests by
                                              only if they are subject to the same regulatory                                                                 14 In practice, non-federally-insured institutions

                                              framework as federally-insured institutions. The
                                                                                                      applying an activity and risk lens to                 that are chartered under state law are subject to
                                              Board addressed these comments in Section II.A,         access requests. A different commenter                prudential supervision by the Board if they become
                                              supra.                                                  recommended that the tiering                          members of the Federal Reserve System.

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                                              51106                         Federal Register / Vol. 87, No. 160 / Friday, August 19, 2022 / Notices

                                              of institutions’ requests would be                      access to Reserve Bank accounts and                       the first principle.3 The Board expects
                                              completed on a case-by-case, risk-                      services. As noted above, the Proposed                    the Reserve Banks to engage in
                                              focused basis within the three tiers,                   Guidelines are informed by and                            consultation with each other and the
                                              meaning that, within each tier,                         incorporate, where possible, existing                     Board, as appropriate, on reviews of
                                              institutions with high-risk business                    Reserve Bank risk-management                              account and service requests, as well as
                                              models should be subject to more                        practices. As a result, the Board views                   ongoing monitoring of accountholders,
                                              intensive review than those with lower-                 the final Account Access Guidelines as                    to ensure that the guidelines are
                                              risk business models.                                   an evolution of existing practices rather                 implemented in a consistent and timely
                                                 Lastly, in response to concerns raised               than the creation of ‘‘new standards.’’                   manner. The Board believes it is
                                              by some comments that the language in                   Additionally, the Board believes that in                  important to make clear that legal
                                              the description of Tier 3 implies that                  order for the Proposed Guidelines to be                   eligibility does not bestow a right to
                                              supervision conducted by state banking                  an effective risk-mitigation tool they                    obtain an account and services. While
                                              authorities is broadly weaker than                      should be applied broadly including to                    decisions regarding individual access
                                              federal supervision, the Board has                      existing accounts. This view is                           requests remain at the discretion of the
                                              removed references to ‘‘supervisory’’                   supported by public comments on the                       individual Reserve Banks, the Board
                                              differences in the description of Tier 3.               Original Proposal discussed above. The                    believes it is important that the Reserve
                                                                                                      Board expects that any Reserve Bank                       Banks apply a consistent set of
                                              2. Non-Federally-Insured Institutions
                                                                                                      reevaluation of the risk of an                            guidelines when reviewing such access
                                                 Several commenters expressed views                   institution’s existing account will                       requests to promote consistency across
                                              that non-federally-insured institutions                 include discussions with the institution                  Reserve Banks and to facilitate equitable
                                              as a class pose an unacceptable level of                and its regulators.                                       treatment across institutions.
                                              risk to the payment system and financial                                                                             These Account Access Guidelines
                                              markets. While some of these                            III. Conclusion                                           also serve to inform requestors of the
                                              commenters directed their comments                        For the reasons set forth above, the                    factors that a Reserve Bank will review
                                              towards institutions in both Tiers 2 and                Board is adopting final Account Access                    in any access request and thereby allow
                                              3, some focused solely on institutions in               Guidelines.                                               a requestor to make any enhancements
                                              Tier 3. These commenters expressed a                                                                              to its risk management, documentation,
                                              view that these institutions are not                      [This item will not publish in the
                                                                                                                                                                or other practices to attempt to
                                              subject to sufficient regulation and as a               Code of Federal Regulations]
                                                                                                                                                                demonstrate how it meets each of the
                                              result the Reserve Banks should not                     IV. Account Access Guidelines                             principles.
                                              provide access to Tier 3 institutions or                                                                             These guidelines broadly outline
                                              to non-federally-insured institutions                   Guidelines Covering Access to Accounts                    considerations for evaluating access
                                              more broadly.                                           and Services at Federal Reserve Banks                     requests but are not intended to provide
                                                                                                      (Account Access Guidelines)                               assurance that any specific institution
                                              Board Response
                                                                                                      Section 1: Principles                                     will be granted an account and services.
                                                 The Board does not believe that it is                                                                          The individual Reserve Bank will
                                              appropriate to categorically exclude all                  The Board of Governors of the Federal                   evaluate each access request on a case-
                                              Tier 3 or non-federally-insured                         Reserve System (Board) has adopted                        by-case basis. When applying these
                                              institutions from access to accounts and                account access guidelines comprised of                    account access guidelines, the Reserve
                                              services. The Board believes that Tier 2                six principles to be used by Federal                      Bank should factor, to the extent
                                              and 3 institutions represent a wide                     Reserve Banks (Reserve Banks) in                          possible, the assessments of an
                                              range of risk profiles (based on business               evaluating requests for master accounts                   institution by state and/or federal
                                              model, size, complexity, regulatory                     and access to Reserve Bank financial                      supervisors into its independent
                                              framework, and other factors), and                      services (access requests).1,2 The Board                  analysis of the institution’s risk profile.
                                              therefore a single response to account                  has issued these account access                           The evaluation of an institution’s access
                                              requests from this heterogenous group                   guidelines under its general supervision                  request should also consider whether
                                              would not be appropriate. The Account                   authority over the operations of the                      the request has the potential to set a
                                              Access Guidelines as adopted are                        Reserve Banks, 12 U.S.C. 248(j).                          precedent that could affect the Federal
                                              intended to be applied by Reserve Banks                 Decisions on individual requests for                      Reserve’s ability to achieve its policy
                                              to access requests from eligible                        access to accounts and services are                       goals now or in the future.
                                              institutions and the Board believes that                made by the Reserve Bank in whose                            If the Reserve Bank decides to grant
                                              the final Account Access Guidelines                     District the requestor is located.                        an access request, it may impose (at the
                                              will provide a robust framework for                       The Account Access Guidelines apply                     time of account opening, granting access
                                              analyzing and mitigating risks.                         to requests from all institutions that are                to service, or any time thereafter)
                                                                                                      legally eligible to receive an account or                 obligations relating to, or conditions or
                                              3. New standards
                                                                                                      services, as discussed in more detail in                  limitations on, use of the account or
                                                 One commenter objected to Reserve                                                                              services as necessary to limit
                                              Banks subjecting institutions with                         1 As discussed in the Federal Reserve’s Operating      operational, credit, legal, or other risks
                                              existing accounts to what the                           Circular No. 1, an institution has the option to settle   posed to the Reserve Banks, the
                                              commenter termed ‘‘new standards’’                      its Federal Reserve financial services transactions in
                                                                                                                                                                payment system, financial stability or
                                              once the Board’s Proposed Guidelines                    its master account with a Reserve Bank or in the
                                                                                                      master account of another institution that has            the implementation of monetary policy
                                              are made final.                                         agreed to act as its correspondent. These principles

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                                                                                                      apply to requests for either arrangement.                   3 These principles would not apply to accounts
                                              Board Response                                             2 Reserve Bank financial services mean all             provided under fiscal agency authority or to
                                                The Board has developed the                           services subject to Federal Reserve Act section 11A       accounts authorized pursuant to the Board’s
                                              Proposed Guidelines, in part, to increase               (‘‘priced services’’) and Reserve Bank cash services.     Regulation N (12 CFR 214), joint account requests,
                                                                                                      Financial services do not include transactions            or account requests from designated financial
                                              the level of transparency and                           conducted as part of the Federal Reserve’s open           market utilities, since existing rules or policies
                                              consistency of the process used by                      market operations or administration of the Reserve        already set out the considerations involved in
                                              Reserve Banks to evaluate institutions’                 Banks’ Discount Window.                                   granting these types of accounts.

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                                                                            Federal Register / Vol. 87, No. 160 / Friday, August 19, 2022 / Notices                                               51107

                                              or to address other considerations.4 The                including a significant change to the                    and periods of idiosyncratic and market
                                              account-holding Reserve Bank may, at                    institution’s business model.                            stress.
                                              its discretion, decide to place additional                 1. Each institution requesting an                        i. For these purposes, effective risk
                                              risk management controls on the                         account or services must be eligible                     management includes having a robust
                                              account and services, such as real-time                 under the Federal Reserve Act or other                   framework, including policies,
                                              monitoring of account balances, as it                   federal statute to maintain an account at                procedures, systems, and qualified staff,
                                              may deem necessary to mitigate risks. If                a Federal Reserve Bank (Reserve Bank)                    to manage applicable risks. The
                                              the obligations, limitations, or controls               and receive Federal Reserve services                     framework should at a minimum
                                              are ineffective in mitigating the risks                 and should have a well-founded, clear,                   identify, measure, and control the
                                              identified or if the obligations,                       transparent, and enforceable legal basis                 particular risks posed by the
                                              limitations, or controls are breached, the              for its operations.6                                     institution’s business lines, products
                                              account-holding Reserve Bank may                           a. Unless otherwise specified by                      and services. The effectiveness of the
                                              further restrict the institution’s use of               federal statute, only those entities that                framework should be further supported
                                              accounts and services or may close the                  are member banks or meet the definition                  by internal testing and internal audit
                                              account. Establishment of an account                    of a depository institution under section                reviews.
                                              and provision of services by a Reserve                  19(b) of the Federal Reserve Act are                        ii. The framework should be subject to
                                              Bank under these guidelines is not an                   legally eligible to obtain Federal Reserve               oversight by a board of directors (or
                                              endorsement or approval by the Federal                  accounts and financial services.7                        similar body) as well as oversight by
                                              Reserve of the institution. Nothing in                     b. The Reserve Bank should assess the                 state and/or federal banking
                                              the Board’s guidelines relieves any                     consistency of the institution’s activities              supervisor(s).
                                              institution from compliance with                        and services with applicable laws and                       iii. The framework should clearly
                                              obligations imposed by the institution’s                regulations, such as Article 4A of the                   identify all risks that may arise related
                                              supervisors and regulators.                             Uniform Commercial Code and the                          to the institution’s business (e.g., legal,
                                                                                                      Electronic Fund Transfer Act (15 U.S.C.                  credit, liquidity, operational, custody,
                                                 Accordingly, Reserve Banks should
                                                                                                      1693 et seq). The Reserve Bank should                    investment) as well as objectives
                                              evaluate how each institution requesting
                                                                                                      also consider whether the design of the                  regarding the risk tolerances for the
                                              access to an account and services will
                                                                                                      institution’s services would impede                      management of such risks.
                                              meet the following principles.5 Each                                                                                c. The Reserve Bank should confirm
                                              principle identifies factors that Reserve               compliance by the institution’s
                                                                                                      customers with U.S. sanctions                            that the institution is in substantial
                                              Banks should consider when evaluating                                                                            compliance with its supervisory
                                              an institution against the specific risk                programs, Bank Secrecy Act (BSA) and
                                                                                                      anti-money laundering (AML)                              agency’s regulatory and supervisory
                                              targeted by the principle (several factors                                                                       requirements.
                                              are pertinent to more than one                          requirements or regulations, or
                                                                                                      consumer protection laws and                                d. The institution must, in the Reserve
                                              principle).                                                                                                      Bank’s judgment:
                                                                                                      regulations.
                                                 The identified factors are commonly                                                                              i. Demonstrate an ability to comply,
                                                                                                         2. Provision of an account and
                                              used in the regulation and supervision                                                                           were it to obtain a master account, with
                                                                                                      services to an institution should not
                                              of federally-insured institutions. As a                                                                          Board orders and policies, Reserve Bank
                                                                                                      present or create undue credit,
                                              result, the Board anticipates the                                                                                agreements and operating circulars, and
                                                                                                      operational, settlement, cyber or other
                                              application of the account access                                                                                other applicable Federal Reserve
                                                                                                      risks to the Reserve Bank.
                                              guidelines to access requests by                                                                                 requirements.
                                                                                                         a. The Reserve Bank should
                                              federally-insured institutions will be                                                                              ii. Be in sound financial condition,
                                                                                                      incorporate, to the extent possible, the
                                              fairly straightforward in most cases                                                                             including maintaining adequate capital
                                                                                                      assessments of an institution by state
                                              which is consistent with Section 2 of                                                                            to continue as a going concern and to
                                                                                                      and/or federal supervisors into its
                                              these Guidelines. However, Reserve                                                                               meet its current and projected operating
                                                                                                      independent assessment of the
                                              Bank assessments of access requests                                                                              expenses under a range of scenarios.
                                                                                                      institution’s risk profile.                                 iii. Demonstrate the ability, on an
                                              from non-federally-insured institutions                    b. The Reserve Bank should confirm
                                              may require more extensive due                                                                                   ongoing basis (including during periods
                                                                                                      that the institution has an effective risk               of idiosyncratic or market stress), to
                                              diligence. Reserve Banks monitor and                    management framework and governance
                                              analyze the condition of institutions                                                                            meet all of its obligations in order to
                                                                                                      arrangements to ensure that the                          remain a going concern and comply
                                              with access to accounts and services on                 institution operates in a safe and sound
                                              an ongoing basis. Reserve Banks should                                                                           with its agreement for a Reserve Bank
                                                                                                      manner, during both normal conditions                    account and services, including by
                                              use the guidelines to re-evaluate the
                                              risks posed by an institution in cases                    6 These principles do not apply to accounts and
                                                                                                                                                               maintaining:
                                              where its condition monitoring and                      services provided by a Reserve Bank (i) as
                                                                                                                                                                  A. Sufficient liquid resources to meet
                                              analysis indicate potential changes in                  depository and fiscal agent, such as those provided      its obligations to the Reserve Bank
                                              the risk profile of an institution,                     for the Treasury and for certain government-             under applicable agreements, operating
                                                                                                      sponsored entities (12 U.S.C. 391, 393–95, 1823,         circulars, and Board policies;
                                                                                                      1435), (ii) to certain international organizations (22
                                                 4 The conditions imposed could include, for          U.S.C. 285d, 286d, 290o–3, 290i–5, 290l–3), (iii) to
                                                                                                                                                                  B. The operational capacity to ensure
                                              example, establishing a cap on the amount of            designated financial market utilities (12 U.S.C.         that such liquid resources are available
                                              balances held in the account. In addition, the Board    5465), (iv) pursuant to the Board’s Regulation N (12     to satisfy all such obligations to the
                                              may authorize a Reserve Bank to pay a different rate    CFR 214), or (v) pursuant to the Board’s Guidelines      Reserve Bank on a timely basis; and
                                              of interest on balances held in the account or may      for Evaluating Joint Account Requests.                      C. Settlement processes designed to
                                              limit the amount of balances in the account that          7 Unless otherwise expressly excluded under the

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                                              receive interest.                                       previous footnote, these principles apply to account
                                                                                                                                                               appropriately monitor balances in its
                                                 5 The principles are designed to address risks       requests from all institutions, including member         Reserve Bank account on an intraday
                                              posed by an institution having access to an account     banks or other entities that meet the definition of      basis, to process transactions through its
                                              and services, ranging from narrow risks (e.g., to an    a depository institution under section 19(b) (12         account in an orderly manner and
                                              individual Reserve Bank) to broader risks (e.g., to     U.S.C. 461(b)(1)(A)), as well as Edge and Agreement
                                              the overall economy). Review activities performed       Corporations (12 U.S.C. 601–604a, 611–631), and
                                                                                                                                                               maintain/achieve a positive account
                                              by the Reserve Bank may address several principles      U.S. branches and agencies of foreign banks (12          balance before the end of the business
                                              at once.                                                U.S.C. 347d).                                            day.

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                                              51108                         Federal Register / Vol. 87, No. 160 / Friday, August 19, 2022 / Notices

                                                 iv. Have in place an operational risk                procedures in place to achieve those                     A. Identify the range of operational
                                              framework designed to ensure                            objectives.                                           risks presented by the institution’s
                                              operational resiliency against events                      ii. A business continuity plan that                business model (e.g., cyber
                                              associated with processes, people, and                  addresses events that have the potential              vulnerability, operational failure,
                                              systems that may impair the                             to disrupt operations and a resiliency                resiliency of service providers), and
                                              institution’s use and settlement of                     objective to ensure the institution can               establish sound operational risk
                                              Reserve Bank services. This framework                   resume services in a reasonable                       management objectives;
                                              should consider internal and external                   timeframe.                                               B. Establish sound governance
                                              factors, including operational risks                       iii. Policies and procedures for                   arrangements, rules, and procedures to
                                              inherent in the institution’s business                  identifying risks that external parties               oversee the operational risk
                                              model, risks that might arise in                        may pose to sound operations,                         management framework;
                                              connection with its use of any Reserve                  including interdependencies with                         C. Establish clear and appropriate
                                              Bank account and services, and cyber-                   affiliates, service providers, and others.            rules and procedures to carry out the
                                              related risks. At a minimum, the                           c. The Reserve Bank should identify                risk management objectives;
                                              operational risk framework should:                      actual and potential interactions                        D. Employ the resources necessary to
                                                 A. Identify the range of operational                 between the institution’s use of a                    achieve its risk management objectives
                                              risks presented by the institution’s                    Reserve Bank account and services and                 and implement effectively its rules and
                                              business model (e.g., cyber                             (other parts of) the payment system.                  procedures, including, but not limited
                                              vulnerability, operational failure,                        i. The extent to which the institution’s           to, sound processes for physical and
                                              resiliency of service providers), and                   use of a Reserve Bank account and                     information security, internal controls,
                                              establish sound operational risk                        services might restrict funds from being              compliance, program management,
                                              management objectives to address such                   available to support the liquidity needs              incident management, business
                                              risks;                                                  of other institutions should also be                  continuity, audit, and well-qualified
                                                 B. Establish sound governance                        considered.                                           personnel.
                                              arrangements, rules, and procedures to                     d. The institution must, in the Reserve               4. Provision of an account and
                                              oversee and implement the operational                   Bank’s judgment:                                      services to an institution should not
                                                                                                         i. Be in sound financial condition,                create undue risk to the stability of the
                                              risk management framework;
                                                                                                      including maintaining adequate capital                U.S. financial system.
                                                 C. Establish clear and appropriate
                                                                                                      to continue as a going concern and to                    a. The Reserve Bank should
                                              rules and procedures to carry out the
                                                                                                      meet its current and projected operating              incorporate, to the extent possible, the
                                              risk management objectives;
                                                                                                      expenses under a range of scenarios.                  assessments of an institution by state
                                                 D. Employ the resources necessary to                    ii. Demonstrate the ability, on an                 and/or federal supervisors into its
                                              achieve its risk management objectives                  ongoing basis (including during periods               independent assessment of the
                                              and implement effectively its rules and                 of idiosyncratic or market stress), to                institution’s risk profile.
                                              procedures, including, but not limited                  meet all of its obligations in order to                  b. The Reserve Bank should
                                              to, sound processes for physical and                    remain a going concern and comply                     determine, in consultation with the
                                              information security, internal controls,                with its agreement for a Reserve Bank                 other Reserve Banks and Board as
                                              compliance, program management,                         account and services, including by                    appropriate, whether the access to an
                                              incident management, business                           maintaining:                                          account and services by an institution
                                              continuity, audit, and well-qualified                      A. Sufficient liquid resources to meet             itself or a group of like institutions
                                              personnel; and                                          its obligations to the Reserve Bank                   could introduce financial stability risk
                                                 E. Support compliance with the                       under applicable agreements, Operating                to the U.S. financial system.
                                              electronic access requirements,                         Circulars, and Board policies;                           c. The Reserve Bank should confirm
                                              including security measures, outlined in                   B. The operational capacity to ensure              that the institution has an effective risk
                                              the Reserve Banks’ Operating Circular 5                 that such liquid resources are available              management framework and governance
                                              and its supporting documentation.                       to satisfy all such obligations to the                arrangements for managing liquidity,
                                                 3. Provision of an account and                       Reserve Bank on a timely basis; and                   credit, and other risks that may arise in
                                              services to an institution should not                      C. Settlement processes designed to                times of financial or economic stress.
                                              present or create undue credit, liquidity,              appropriately monitor balances in its                    d. The Reserve Bank should consider
                                              operational, settlement, cyber or other                 Reserve Bank account on an intraday                   the extent to which, especially in times
                                              risks to the overall payment system.                    basis, to process transactions through its            of financial or economic stress, liquidity
                                                 a. The Reserve Bank should                           account in an orderly manner and                      or other strains at the institution may be
                                              incorporate, to the extent possible, the                maintain/achieve a positive account                   transmitted to other segments of the
                                              assessments of an institution by state                  balance before the end of the business                financial system.
                                              and/or federal supervisors into its                     day.                                                     e. The Reserve Bank should consider
                                              independent assessment of the                              iii. Have in place an operational risk             the extent to which, especially during
                                              institution’s risk profile.                             framework designed to ensure                          times of financial or economic stress,
                                                 b. The Reserve Bank should confirm                   operational resiliency against events                 access to an account and services by an
                                              that the institution has an effective risk              associated with processes, people, and                institution itself (or a group of like
                                              management framework and governance                     systems that may impair the                           institutions) could affect deposit
                                              arrangements to limit the impact that                   institution’s payment system activities.              balances across U.S. financial
                                              idiosyncratic stress, disruptions,                      This framework should consider                        institutions more broadly and whether

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                                              outages, cyber incidents, or other                      internal and external factors, including              any resulting movements in deposit
                                              incidents at the institution might have                 operational risk inherent in the                      balances could have a deleterious effect
                                              on other institutions and the payment                   institution’s business model, risk that               on U.S. financial stability.
                                              system broadly. The framework should                    might arise in connection with its use of                i. Balances held in Reserve Bank
                                              include:                                                the payment system, and cyber-related                 accounts present no credit or liquidity
                                                 i. Clearly defined operational                       risks. At a minimum, the framework                    risk, making them very attractive in
                                              reliability objectives and policies and                 should:                                               times of financial or economic stress. As

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                                                                            Federal Register / Vol. 87, No. 160 / Friday, August 19, 2022 / Notices                                                     51109

                                              a result, in times of stress, investors that            understanding the nature and purpose                  monetary policy implementation
                                              would otherwise provide short- term                     of customer relationships for the                     framework in place.
                                              funding to nonfinancial firms, financial                purpose of developing a customer risk
                                                                                                                                                            Section 2: Tiered Review Framework
                                              firms, and state and local governments                  profile and conducting ongoing
                                              could rapidly withdraw that funding                     monitoring to identify and report                        The tiered review framework in this
                                              and instead deposit their funds with an                 suspicious transactions and, on a risk                section is meant to serve as a guide to
                                              institution holding mostly central bank                 basis, to maintain and update customer                the level of due diligence and scrutiny
                                              balances. If the institution is not subject             information;                                          to be applied by Reserve Banks to
                                              to capital requirements similar to a                       c. The Reserve Bank should confirm                 different types of institutions. Although
                                              federally-insured institution, it can                   that the institution has a compliance                 institutions in a higher tier will on
                                              more easily expand its balance sheet                    program designed to support its                       average face greater due diligence and
                                              during times of stress; as a result, the                compliance with the Office of Foreign                 scrutiny than institutions in a lower tier,
                                              potential for sudden and significant                    Assets Control (OFAC) regulations at 31               a Reserve Bank has the authority to
                                              deposit inflows into that institution is                CFR Chapter V.10                                      grant or deny an access request by an
                                              particularly large, which could                            i. For these purposes, the Reserve                 institution in any of the three proposed
                                              disintermediate other parts of the                      Bank may review the institution’s                     tiers, based on the Reserve Bank’s
                                              financial system, greatly amplifying                    written OFAC compliance program,                      application of the Account Access
                                              stress.                                                 provided one has been created, and                    Guidelines in Section 1 to that
                                                 5. Provision of an account and                       confirm that it is commensurate with                  particular institution. As discussed
                                              services to an institution should not                   the institution’s OFAC risk profile. An               above, an institution’s access request
                                              create undue risk to the overall                        OFAC compliance program should                        will be reviewed on a case-by-case, risk-
                                              economy by facilitating activities such                 identify higher-risk areas, provide for               focused basis and the tiers are designed
                                              as money laundering, terrorism                          appropriate internal controls for                     to provide additional transparency into
                                              financing, fraud, cybercrimes, economic                 screening and reporting, establish                    the expected review process based on
                                              or trade sanctions violations, or other                 independent testing for compliance,                   key characteristics.
                                                                                                      designate a bank employee or                             1. Tier 1: Eligible institutions that are
                                              illicit activity.
                                                                                                      employees as responsible for OFAC                     federally insured.11
                                                 a. The Reserve Bank should
                                                                                                                                                               a. As federally-insured depository
                                              incorporate, to the extent possible, the                compliance, and create a training
                                                                                                                                                            institutions, Tier 1 institutions are
                                              assessments of an institution by state                  program for appropriate personnel in all
                                                                                                                                                            already subject to a standard, strict, and
                                              and/or federal supervisors into its                     relevant areas of the institution.
                                                                                                         6. Provision of an account and                     comprehensive set of federal banking
                                              independent assessment of the
                                                                                                      services to an institution should not                 regulations.
                                              institution’s risk profile.                                                                                      b. In addition, for most Tier 1
                                                 b. The Reserve Bank should confirm                   adversely affect the Federal Reserve’s
                                                                                                                                                            institutions, detailed regulatory and
                                              that the institution has a BSA/AML                      ability to implement monetary policy.
                                                                                                                                                            financial information would in most
                                              compliance program consisting of the                       a. The Reserve Bank should
                                                                                                                                                            cases be readily available, often in
                                              components set out below and in                         incorporate, to the extent possible, the
                                                                                                                                                            public form.
                                              relevant regulations.8                                  assessments of an institution by state                   c. Accordingly, access requests by
                                                 i. For these purposes, the Reserve                   and/or federal supervisors into its                   Tier 1 institutions will generally be
                                              Bank should confirm that the                            independent assessment of the                         subject to a less intensive and more
                                              institution’s BSA/AML compliance                        institution’s risk profile.                           streamlined review.
                                              program contains the following                             b. The Reserve Bank should                            d. In cases where the application of
                                              elements.9                                              determine, in consultation with the                   the Guidelines to Tier 1 institutions
                                                 A. A system of internal controls,                    other Reserve Banks and the Board as                  identifies potentially higher risk
                                              including policies and procedures, to                   appropriate, whether access to an                     profiles, the institutions will receive
                                              ensure ongoing BSA/AML compliance;                      account and services by an institution                additional attention.
                                                 B. Independent audit and testing of                  itself or a group of like institutions                   2. Tier 2: Eligible institutions that are
                                              BSA/AML compliance to be conducted                      could have an effect on the                           not federally insured but are subject (by
                                              by bank personnel or by an outside                      implementation of monetary policy.                    statute) to prudential supervision by a
                                              party;                                                     c. The Reserve Bank should consider,               federal banking agency.12 In addition, (i)
                                                 C. Designation of an individual or                   among other things, whether access to a               if such an institution is chartered under
                                              individuals responsible for coordinating                Reserve Bank account and services by                  federal law, it has a holding company
                                              and monitoring day-to-day compliance                    the institution or group of like                      that is subject to Federal Reserve
                                              (BSA compliance officer);                               institutions could affect the level and               oversight (by statute or commitments);
                                                 D. Ongoing training for appropriate                  variability of the demand for and supply              and (ii) if such an institution is
                                              personnel, tailored to each individual’s                of reserves, the level and volatility of
                                              specific responsibilities, as appropriate;              key policy interest rates, the structure of             11 See 12 U.S.C. 1813(c)(2) (defining ‘‘insured

                                                 E. Appropriate risk-based procedures                 key short-term funding markets, and on                depository institution’’ for purposes of the Federal
                                              for conducting ongoing customer due                     the overall size of the consolidated                  Deposit Insurance Act) and 12 U.S.C. 1752(7)
                                                                                                                                                            (defining ‘‘insured credit union’’ for purposes of the
                                              diligence to include, but not limited to,               balance sheet of the Reserve Banks. The               Federal Credit Union Act).
                                                                                                      Reserve Bank should consider the                        12 The federal banking agencies include the
                                                8 Refer to 12 CFR 208.62 and 63, 12 CFR 211.5(k),     implications of providing an account to               Board, the Office of the Comptroller of the Currency
                                              5(m), 24(f), and 24(j), and 12 CFR 225.4(f) (Federal    the institution in normal times as well               (OCC), the Federal Deposit Insurance Corporation,

lotter on DSK11XQN23PROD with NOTICES1
                                              Reserve); 12 CFR 326.8 and 12 CFR part 353 (FDIC);                                                            and the National Credit Union Administration.
                                              12 CFR 748.1–2 (NCUA); 12 CFR 21.11, and 21, and
                                                                                                      as in times of stress. This consideration
                                                                                                                                                            Non-federally-insured institutions that are
                                              12 CFR 163.180 (OCC); and 31 CFR 1020.210(a) and        should occur regardless of the current                chartered under federal law are subject to
                                              (b), and 31 CFR 1020.320 (FinCEN), which are                                                                  prudential supervision by the OCC. Non-federally-
                                              controlling.                                              10 Reserve Banks may reference the OFAC section     insured institutions that are chartered under state
                                                9 Reserve Banks may reference the FFIEC BSA/          of the FFIEC BSA/AML Manual. These guidelines         law are subject to prudential supervision by the
                                              AML Manual. These guidelines may be updated to          may be updated to reflect any changes to relevant     Board if they become members of the Federal
                                              reflect any changes to relevant regulations.            regulations.                                          Reserve System.

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                                              51110                         Federal Register / Vol. 87, No. 160 / Friday, August 19, 2022 / Notices

                                              chartered under state law and has a                     225), and all other applicable statutes               SUMMARY: This notice announces the
                                              holding company, that holding                           and regulations to become a bank                      availability, and opportunity for public
                                              company is subject to Federal Reserve                   holding company and/or to acquire the                 review and comment of a Draft
                                              oversight (by statute or commitments).13                assets or the ownership of, control of, or            Environmental Assessment (EA), which
                                                 a. Tier 2 institutions are subject to a              the power to vote shares of a bank or                 examines the potential impacts of a
                                              similar, but not identical, set of                      bank holding company and all of the                   proposal by GSA for construction of a
                                              regulations as federally-insured                        banks and nonbanking companies                        temporary pedestrian processing facility
                                              institutions. As a result, Tier 2                       owned by the bank holding company,                    adjacent to the Historic Customs House,
                                              institutions may still present greater                  including the companies listed below.                 and interior renovation of the Historic
                                              risks than Tier 1 institutions.                           The public portions of the                          Customs House at 340 East 1st Street,
                                                 b. Reserve Banks will have significant               applications listed below, as well as                 Calexico, California. The facility and
                                              supervisory information about, as well                  other related filings required by the                 structures will be used by the United
                                              as some level of regulatory authority                   Board, if any, are available for                      States Customs and Border Protection.
                                              over, Tier 2 institutions.                              immediate inspection at the Federal                   The Draft EA describes the purpose and
                                                 c. Accordingly, account access                       Reserve Bank(s) indicated below and at                need for the proposed project; the
                                              requests by Tier 2 institutions will                    the offices of the Board of Governors.                alternatives considered; the potential
                                              generally receive an intermediate level                 This information may also be obtained                 impacts of the alternatives on the
                                              of review.                                              on an expedited basis, upon request, by               existing environment; and the proposed
                                                 3. Tier 3: Eligible institutions that are            contacting the appropriate Federal                    avoidance, minimization, and/or
                                              not federally insured and are not                       Reserve Bank and from the Board’s                     mitigation measures associated to these
                                              considered in Tier 2.                                   Freedom of Information Office at                      alternatives and resources.
                                                 a. Non-federally-insured institutions                https://www.federalreserve.gov/foia/                  DATES: Agencies and the public are
                                              that are chartered under federal law but                request.htm. Interested persons may                   encouraged to provide written
                                              do not have a holding company subject                   express their views in writing on the                 comments on the Draft EA. The 30-day
                                              to Federal Reserve oversight would be                   standards enumerated in the BHC Act                   public comment period for the Draft EA
                                              considered in Tier 3.                                   (12 U.S.C. 1842(c)).                                  ends on Monday, September 26, 2022. A
                                                 b. Non-federally-insured institutions                                                                      virtual public meeting will be held on
                                                                                                        Comments regarding each of these
                                              that are chartered under state law and                                                                        Tuesday, August 23, 2022, 4 p.m. to 5
                                                                                                      applications must be received at the
                                              are not subject (by statute) to prudential                                                                    p.m. Pacific standard time at: https://
                                                                                                      Reserve Bank indicated or the offices of
                                              supervision by a federal banking agency,                                                                      teams.microsoft.com/l/meetup-join/
                                                                                                      the Board of Governors, Ann E.
                                              or have a holding company that is not                                                                         19%3ameeting_ODlmYmFiOWMtM2E
                                                                                                      Misback, Secretary of the Board, 20th
                                              subject to Federal Reserve oversight,                                                                         wOS00MTVlLWJhY2EtYWZiMWJiZGY
                                                                                                      Street and Constitution Avenue NW,
                                              would be considered in Tier 3.                                                                                xNDdl%40thread.v2/0?context=
                                                 c. Tier 3 institutions may be subject                Washington DC 20551–0001, not later
                                                                                                      than September 19, 2022.                              %7b%22Tid%22%3a%228aec2bf0-
                                              to a regulatory framework that is
                                                                                                        A. Federal Reserve Bank of                          04af-4841-bcf6-bac6a58dd4
                                              substantially different from the
                                                                                                      Minneapolis (Chris P. Wangen,                         ef%22%2c%22Oid%22%3
                                              regulatory framework that applies to
                                                                                                      Assistant Vice President), 90 Hennepin                a%221894920d-2cd7-4a1a-aa78-
                                              federally-insured institutions.
                                                 d. In addition, detailed regulatory and              Avenue, Minneapolis, Minnesota                        0ebeddc5bdf6%22%7d.
                                              financial information regarding Tier 3                  55480–0291. Comments can also be sent                 ADDRESSES: Further information,
                                              institutions may not exist or may be                    electronically to [email protected]:                    including an electronic copy of the Draft
                                              unavailable.                                              1. Luminate Capital Corporation,                    EA may be found online on the
                                                 e. Accordingly, Tier 3 institutions will             Minnetonka, Minnesota; to become a                    following website: https://www.gsa.gov/
                                              generally receive the strictest level of                bank holding company by acquiring                     about-us/regions/welcome-to-the-
                                              review.                                                 Luminate Bank, also of Minnetonka,                    pacific-rim-region-9/land-ports-of-entry/
                                                                                                      Minnesota.                                            calexico-west-land-port-of-entry.
                                              -End-                                                                                                            Questions or comments concerning
                                                                                                        Board of Governors of the Federal Reserve
                                                By order of the Board of Governors of the             System.                                               the Draft EA should be directed to
                                              Federal Reserve System.                                 Michele Taylor Fennell,                               Osmahn Kadri, EPA Program Manager,
                                              Ann Misback,                                            Deputy Associate Secretary of the Board.              General Services Administration via
                                              Secretary of the Board.                                 [FR Doc. 2022–17808 Filed 8–18–22; 8:45 am]           email: [email protected] or Ms.
                                                                                                                                                            Bianca Rivera, 355 South Euclid
                                              [FR Doc. 2022–17885 Filed 8–18–22; 8:45 am]             BILLING CODE P
                                                                                                                                                            Avenue, Suite 107, Tucson, AZ 85719
                                              BILLING CODE 6210–01–P
                                                                                                                                                            via postal mail/commercial delivery.
                                                                                                                                                            FOR FURTHER INFORMATION CONTACT: Mr.
                                                                                                      GENERAL SERVICES
                                              FEDERAL RESERVE SYSTEM                                  ADMINISTRATION                                        Osmahn A. Kadri, NEPA Program
                                                                                                                                                            Manager, General Services
                                              Formations of, Acquisitions by, and                     [Notice–PBS–2022–04; Docket No. 2022–                 Administration, Pacific Rim Region, at
                                              Mergers of Bank Holding Companies                       0002; Sequence No. 18]                                415–522–3617 or email osmahn.kadri@
                                                                                                                                                            gsa.gov. Please call this number if
                                                The companies listed in this notice                   Notice of Availability for the Draft                  special assistance is needed to attend
                                              have applied to the Board for approval,                 Environmental Assessment for the                      and participate in the public meeting.
                                              pursuant to the Bank Holding Company                    Calexico West Land Port of Entry

lotter on DSK11XQN23PROD with NOTICES1
                                                                                                                                                            SUPPLEMENTARY INFORMATION:
                                              Act of 1956 (12 U.S.C. 1841 et seq.)                    Temporary Pedestrian Process Facility
                                              (BHC Act), Regulation Y (12 CFR part                    Calexico, California                                  Background
                                                13 Edge and Agreement Corporations and U.S.           AGENCY: Public Buildings Service (PBS),                  The Project is located adjacent to the
                                              branches and agencies of foreign banks would fall       General Services Administration (GSA).                Historic Customs House at 340 East 1st
                                              under a Tier 2 level of review because of Federal                                                             Street, Calexico, California. The Project
                                                                                                      ACTION: Notice.
                                              Reserve oversight over these institutions.                                                                    is proposed to provide a temporary

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