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OCC BULLETIN 2015-38
To: Chief Executive Officers of All National Banks, Federal Branches and Agencies, and Federal Savings Associations; Department and Division Heads; All Examining Personnel; and Other Interested Parties

Description: Rescission of OCC and OTS Issuances

Summary

In 2013, the Office of the Comptroller of the Currency (OCC) published a final rule that established a new regulatory capital rule.1 The rule strengthens the definition of regulatory capital, increases risk-based capital requirements, and amends the methodologies for determining risk-weighted assets. The rule became effective in January 2015 for all national banks and federal savings associations (collectively, banks). Now that the regulatory capital rule is final, the OCC is rescinding certain OCC bulletins and three Office of Thrift Supervision (OTS) issuances that have become outdated or superseded.

Highlights

With the issuance of this bulletin, the OCC is rescinding documents listed in appendix A.

Note for Community Banks

This bulletin applies to all banks.

Not all of the rescinded bulletins applied to community banks. A few rescinded bulletins applied only to advanced approaches banks, as indicated in appendix A.

Background

The OCC has reviewed all regulatory capital-related issuances (e.g., proposed, interim, and final rules and guidance or other documents) and determined that some of these issuances are outdated or superseded by the final regulatory capital rule. Appendix A lists OCC bulletins and OTS issuances that are rescinded.

Each issuance is rescinded for one of the following reasons:

  • Outdated: The document is no longer needed. Any attachments to the document are rescinded only as they relate to national banks and federal savings associations.
  • Transmittal: The document is a cover letter that conveyed another document, such as a proposed rule or final rule, an interpretive letter, or a document from another regulatory entity. The rescission does not apply to the conveyed document.

Visit the OCC’s Web site for a comprehensive inventory of rules and guidance applicable to banks. All banks should refer to 12 CFR 3 for applicable regulatory capital treatment.

Further Information

Please contact Capital Policy at (202) 649-6370.

 

Jennifer C. Kelly
Senior Deputy Comptroller and Chief National Bank Examiner

 1 See 12 CFR 3 (OCC); 12 CFR 217 (Board of Governors of the Federal Reserve System); 12 CFR 324 (Federal Deposit Insurance Corporation).

Appendix A: Rescinded OCC and OTS Issuances

For documents listed with a reason rescinded of “transmittal,” the prevailing document is OCC Bulletin 2013-23, “Regulatory Capital Rule: Final Rulemaking,” (October 11, 2013).

Document Title Rescission reason Comments
OCC Issuances
1994-21 “Risk-Based Capital Multifamily Housing: Final Rule” Transmittal  
1995-10 “Regulatory Capital Treatment for Deferred Tax Assets: Final Rule” Transmittal  
1995-50 “Risk-Based Capital; Derivatives Transactions: Transmits Final Rule” Transmittal  
1996-49 “Risk-Based Capital; Market Risk: Final Rule” Transmittal  
1997-43 “Risk-Based Capital—Section 208 of CDRIA: Final Rule” Transmittal  
1998-36 “Risk-Based Capital Servicing Assets: Final Rule” Transmittal  
1998-41 “Risk-Based Capital—Unrealized Gains on Equity Securities: Final Rule” Transmittal  
1999-12 “Risk-Based Capital—Section 303 of CDRIA: Final Rule” Transmittal  
1999-19 “Risk-Based Capital, Specific Risk: Final Rule” Transmittal  
1999-43 “Risk-Based Capital Interpretations Credit Derivatives: Joint Agency Statement” Outdated Applicable only to advanced approaches banks
2000-29 “Risk-Based Capital—Simplified Framework for Non-Complex Institutions: Advance Notice of Proposed Rulemaking” Transmittal  
2000-32 “Risk-Based Capital—Securities Borrowing Transactions: Interim Rule and Request for Comment” Transmittal  
2001-4 “Risk-Based Capital: Basel Committee’s Consultative Papers” Outdated  
2001-49 “Risk-Based Capital—Recourse, Direct Credit Substitutes, and Residual Interests: Final Rule” Transmittal  
2002-5 “Risk-Based Capital—Nonfinancial Equity Investments: Final Rule” Transmittal  
2002-13 “Risk-Based Capital: Final Rule” Transmittal  
2002-17 “Accrued Interest Receivable: Regulatory Capital and Accrued Interest Receivable Assets” Outdated  
2002-22 “Capital Treatment of Recourse, Direct Credit Substitutes, and Residual Interests in Asset Securitizations: Interpretations of Final Rule” Transmittal  
2004-36 “Regulatory Capital: Asset-Backed Commercial Paper: Final Rule” Transmittal  
2005-12 “Interagency Guidance for Determination of Risk-Based Capital for Unrated Direct Credit Substitutes Extended to Asset-Backed Commercial Paper Programs: Asset-Backed Commercial Paper” Outdated  
2005-26 “Regulatory Capital: Asset-Backed Commercial Paper Liquidity Facilities: Interagency Guidance” Outdated  
2006-9 “Risk-Based Capital—Securities Borrowing Transactions: Final Rule” Transmittal  
2007-27 “FAS 159 and Risk-Based Capital—Market Risk: Compliance With the Market Risk Capital Rule” Outdated  
2007-47 “Implementation of the Advanced Approaches of the Basel II Capital Accord: Final Rulemaking” Transmittal Applicable only to advanced approaches banks
2008-19 “Risk Based Capital—Basel II Standardized Approach: Notice of Proposed Rulemaking—Request for Comments” Transmittal  
2008-31 “Regulatory Capital Impact of Losses on Fannie Mae and Freddie Mac Preferred Stock: Interagency Statement” Outdated  
2008-32 “Change in Capital: Treatment of Certain Claims on, or Guaranteed by, the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation: Notice of Proposed Rulemaking—Request for Comments” Transmittal  
2009-1 “Deduction of Goodwill Net of Associated Deferred Tax Liability: Final Rule” Transmittal  
2009-10 “Risk-Based Capital—Money Market Mutual Funds: Final Rule” Transmittal  
2009-35 “Risk Based Capital—Mortgage Modifications: Final Rule” Transmittal  
2010-5 “Capital Treatment for FAS 166 and FAS 167: Final Rule” Transmittal  
2010-10 “Risk Weight for FDIC Claims and Guarantees: Joint Interagency Statement” Outdated  
2011-32 “Permanent Floor for the Advanced Approaches Risk-Based Capital Rule: Final Rule” Transmittal Applicable only to advanced approaches banks
2012-24 “Regulatory Capital—Basel III and the Standardized and Advanced Approaches: Notices of Proposed Rulemaking” Transmittal  
OTS Issuances
CEO Memo 307 “Risk Weighting Downgraded Securities” Outdated  
CEO Memo 344 “Risk Weighting of Early Default Provisions” Outdated  
New Directions Bulletin 10-14 “Capital Raising Using a Subordinated Organization and Creating a Noncontrolling Interest” Outdated Internal OCC document