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Press Release
July 30, 2012

Federal Reserve Board announces final rule
establishing risk-management standards for
financial market utilities (FMUs) designated as
systemically important by the Financial Stability
Oversight Council
For immediate release
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The Federal Reserve Board on Monday announced the approval of a
final rule establishing risk-management standards for certain financial
market utilities (FMUs) designated as systemically important by the
Financial Stability Oversight Council. The final rule also establishes
requirements for advance notice of proposed material changes to the
rules, procedures, or operations of certain designated FMUs. FMUs,
such as payment systems, central securities depositories, and central
counterparties, provide the infrastructure to clear and settle payments
and other financial transactions.
The final rule (Regulation HH) implements two provisions of Title VIII of
the Dodd-Frank Wall Street Reform and Consumer Protection Act
(Dodd-Frank Act). It establishes risk-management standards governing
the operations related to the payment, clearing, and settlement activities
of designated FMUs, except those registered as clearing agencies with
the Securities and Exchange Commission or as derivatives clearing
organizations with the Commodity Futures Trading Commission. The
risk-management standards are based on the recognized international
standards developed by the Committee on Payment and Settlement
Systems (CPSS) and the Technical Committee of the International

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Organization of Securities Commissions (IOSCO) that were in existence
at the time of the proposed rulemaking, which were incorporated
previously into the Board's Policy on Payment System Risk.1
The final rule also establishes requirements for advance notice of
proposed material changes to the rules, procedures, or operations of a
designated FMU for which the Board is the supervisory agency under
Title VIII of the Dodd-Frank Act. The advance notice requirements set
the threshold above which a proposed change would be considered
material and thus require an advance notice to the Board, and also
include provisions on the length of the review period.
The final rule is substantively similar to the proposed rulemaking, with
two exceptions. The final rule includes a new provision that would allow
the Board to waive the application of certain Regulation HH standards to
a particular type of designated FMU, where the risks presented by or the
design of that designated FMU would make application of certain
standards inappropriate. In addition, the Board has revised the
illustrative list of changes that do not require an advance notice, in part
to include changes to a designated FMU's fees, prices, or other
charges.
The final rule will be effective on September 14, 2012.
Board Votes
Federal Register notice: HTML | PDF
Comment: View
For media inquiries, call 202-452-2955

1. In April 2012, CPSS and IOSCO completed an extensive review of
those standards and issued the final report on the "Principles for
Financial Market Infrastructures" (PFMI), which includes an updated,
harmonized, and strengthened set of international risk-management
standards applicable to FMUs. (See Board press release on the PFMI.)
The Board expects to review the PFMI, consult with other appropriate
agencies and the Council, and seek public comment on the adoption of
revised Regulation HH standards based on the PFMI. Return to text

Last Update: July 30, 2012

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