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Financial Services Law Insights and Observations

Fed issues final rule revising delegations of authority

Bank Regulatory Agency Rule-Making & Guidance Federal Issues Federal Reserve Federal Register

On August 29, the Federal Reserve Board published a final rule in the Federal Register revising rules regarding delegation of authority. Among other things, the Fed noted that the final rule “enhances transparency, improves usability, and relieves burden on regulated institutions, practitioners before the Board, and Federal Reserve staff.” Specifically, the final rule “codifies and revises delegations of authority previously approved by the Board, makes technical changes, and rescinds moot or superseded delegations.” The final rule also notes that its rules regarding delegation of authority implement section 11(k) of the Federal Reserve Act and enumerate the actions that the Fed has determined to delegate. Section 11(k) authorizes the Fed to delegate, by published order or rule and subject to the Administrative Procedure Act, any of its functions, other than those related to rulemaking or pertaining principally to monetary and credit policies. By delegating actions that do not raise significant legal, supervisory, or policy issues, the Fed can respond more efficiently to applications, requests, and other matters. The final rule is effective September 1.