January 2016Transmittal 419
Effective: 1/1/2016
Federal Deposit Insurance Act Statutory and technical amendments have been made
to the Federal Deposit Insurance Act (at
1-335) by the following:
- Fixing America’s Surface Transportation Act (FAST
Act), Pub. L. No. 114-94, 129 Stat. 1312, 1796, Dec. 4, 2015
Monetary Policy and Reserve
Requirements Regulation D
The Board is amending Regulation D (Reserve Requirements
of Depository Institutions) to reflect the annual indexing of the
reserve requirement exemption amount and the low reserve tranche for
2016. The Regulation D amendments set the amount of total reservable
liabilities of each depository institution that is subject to a 0
percent reserve requirement in 2016 at $15.2 million (from $14.5 million
in 2015).
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This amount is known as the reserve requirement exemption amount.
The Regulation D amendments also set the amount of net transaction
accounts at each depository institution (over the reserve requirement
exemption amount) that is subject to a 3 percent reserve requirement
in 2016 at $110.2 million (from $103.6 million in 2015). This amount
is known as the low reserve tranche. The adjustments to both of these
amounts are derived using statutory formulas specified in the Federal
Reserve Act.
The Board is also announcing changes in two other amounts,
the nonexempt deposit cutoff level and the reduced reporting limit,
that are used to determine the frequency at which depository institutions
must submit deposit reports. The final rule became effective December
17, 2015 (Regulation D at
2-122, Docket R-1524) and was published
in the
Federal Register on November 17, 2015.
Banks and Banking Regulation H
The Board, the
Farm Credit Administration, the Federal Deposit Insurance Corporation
(FDIC), the National Credit Union Administration (NCUA), and the Office
of the Comptroller of the Currency (OCC) (collectively, “the agencies”)
are amending their regulations regarding loans in areas having special
flood hazards to implement certain provisions of the Homeowner Flood
Insurance Affordability Act of 2014 (HFIAA), which amends some of
the changes to the Flood Disaster Protection Act of 1973 mandated
by the Biggert-Waters Flood Insurance Reform Act of 2012 (Biggert-Waters).
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Specifically, the
final rule requires the escrow of flood insurance payments on residential
improved real estate securing a loan, consistent with the changes
set forth in HFIAA. The final rule also incorporates an exemption
in HFIAA for certain detached structures from the mandatory flood
insurance purchase requirement. Furthermore, the final rule implements
the provisions of Biggert-Waters related to the force placement of
flood insurance. Finally, the final rule integrates the OCC’s flood
insurance regulations for national banks and federal savings associations.
The agencies plan to address the private flood insurance provisions
in Biggert-Waters in a separate rulemaking. The final rule became
effective October 1, 2015, except that certain amendments to section
208.25 became effective January 1, 2016 (Regulation H at 3-150, Docket
R-1498), and was published in the Federal Register on July
21, 2015. Regulations H, Q, Y, and YY
The Board published a final rule in the
Federal
Register on October 11, 2013 (78 FR 62018) regarding regulatory
capital rules and another final rule on October 27, 2014 (79 FR 64025)
regarding capital plan and stress test rules. This publication removes
certain expired transitional requirements in Regulations H and Y,
resolves certain citation errors, replaces a wrongly duplicated paragraph
in Regulation Q, and corrects a typographical error in Regulation
YY.
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The final
rule became effective November 16, 2015 (Regulation H at 3-150, Regulation
Q at 3-2100, Regulation Y at 4-001, and Regulation YY at 4-783, Dockets
R-1442 and R-1492), the same day it was published in the Federal
Register.Policy Statements
The Board, FDIC, and OCC issued interagency supervisory guidance
on November 6, 2015.
Deduction Methodology for Investments in Volcker
Rule Covered Funds clarifies the interaction between the agencies’
regulatory capital rule and the Volcker rule with respect to the appropriate
capital treatment for investments in certain private equity funds
and hedge funds (
Guidance, Capital at
3-1506.32).
Regulation Q
The Board is adopting amendments to its regulatory capital
framework (Regulation Q) to clarify how the definition of common equity
tier 1 capital, a key capital component, applies to ownership interests
issued by depository institution holding companies that are structured
as partnerships or limited liability companies. In addition, the final
rule amends Regulation Q to exclude temporarily from Regulation Q
savings and loan holding companies that are trusts and depository
institution holding companies that are employee stock ownership plans.
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The final rule became
effective January 1, 2016 (Regulation Q at 3-2100, Docket R-1506)
and was published in the Federal Register on December 9, 2015. Holding and Nonbank Financial Companies Regulations Y and YY
The Board is adopting a final rule that makes targeted
amendments to its capital plan and stress test rules. For bank holding
companies with more than $10 billion but less than $50 billion in
total consolidated assets and savings and loan holding companies with
total consolidated assets of more than $10 billion, the final rule
modifies certain mandatory capital action assumptions in the stress
test rules and delays the application of the company-run stress test
requirements to savings and loan holding companies until January 1,
2017.
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For
bank holding companies that have total consolidated assets of $50
billion or more and state member banks that are subject to the Board’s
advanced approaches capital requirements, the final rule delays the
use of the supplementary leverage ratio for one year and indefinitely
defers the use of the advanced approaches risk-based capital framework
in the capital plan and stress test rules. For bank holding companies
that have total consolidated assets of $50 billion or more, the final
rule removes the tier 1 common capital ratio requirement, and modifies
certain mandatory capital action assumptions. To reflect other recent
rulemakings, the final rule also makes other amendments to the capital
plan and stress test rules. All changes in the final rule apply as
of January 1, 2016, which is the beginning of the next capital planning
and stress test cycle. The final rule became effective January 1,
2016 (Regulation Y at 4-001 and Regulation YY at 4-783, Docket R-1517)
and was published in the Federal Register on December 2, 2015. Consumer & Community Affairs Regulation M and CFPB’s Regulation M
The Board and the Consumer Financial Protection Bureau
(CFPB) published final rules amending the official interpretations
and commentary for the agencies’ regulations that implement the Consumer
Leasing Act (CLA). The Dodd-Frank Wall Street Reform and Consumer
Protection Act (Dodd-Frank Act) amended the CLA by requiring that
the dollar threshold for exempt consumer leases be adjusted annually
by the annual percentage increase in the Consumer Price Index for
Urban Wage Earners and Clerical Workers (CPI-W).
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If there is no annual percentage
increase in the CPI-W, the Board and the CFPB will not adjust this
exemption threshold from the prior year. Based on the annual percentage
decrease in the CPI-W as of June 1, 2015, the exemption threshold
will remain at $54,600 through December 31, 2016. The final rule became
effective January 1, 2016 (Regulation M at 6-500 and Consumer Financial
Protection Bureau, Regulation M at 6-5500, Docket R-1519) and was
published in the Federal Register on November 27, 2015.Regulation Z and CFPB’s Regulation Z
The Board and the CFPB published final rules amending
the official interpretations and commentary for the agencies’ regulations
that implement the Truth in Lending Act (TILA). The Dodd-Frank Act
amended TILA by requiring that the dollar threshold for exempt consumer
credit transactions be adjusted annually by the annual percentage
increase in the CPI-W.
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If there is no annual percentage increase in the CPI-W, the
Board and the CFPB will not adjust this exemption threshold from the
prior year. Based on the annual percentage decrease in the CPI-W as
of June 1, 2015, the exemption threshold will remain at $54,600 through
December 31, 2016. The final rule became effective January 1, 2016
(Regulation Z at 6-600 and Consumer Financial Protection Bureau, Regulation
Z at 6-5600, Docket R-1520) and was published in the Federal Register on November 27, 2015.
The Board, CFPB, and OCC published final rules amending
the official interpretations for their regulations that implement
section 129H of TILA. Section 129H of TILA establishes special appraisal
requirements for “higher-risk mortgages,” termed “higher-priced mortgage
loans” or “HPMLs” in the agencies’ regulations.
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The Board, CFPB, FDIC, the Federal
Housing Finance Agency, NCUA, and OCC issued joint final rules implementing
these requirements, effective January 18, 2014. The agencies’ rules
exempted, among other loan types, transactions of $25,000 or less,
and required that this loan amount be adjusted annually based on any
annual percentage increase in the CPI-W. If there is no annual percentage
increase in the CPI-W, the Board, CFPB, and OCC will not adjust this
exemption threshold from the prior year. Based on the annual percentage
decrease in the CPI-W as of June 1, 2015, the exemption threshold
will remain at $25,500 through December 31, 2016. The final rule became
effective January 1, 2016 (Regulation Z at 6-600 and Consumer Financial
Protection Bureau, Regulation Z at 6-5600, Docket R-1443) and was
published in the Federal Register on November 27, 2015.CFPB’s Regulation Z
The CFPB
issued this final rule amending the regulatory text and official interpretations
for Regulation Z, which implements TILA. The CFPB is required to calculate
annually the dollar amounts for several provisions in Regulation Z;
this final rule reviews the dollar amounts for provisions implementing
amendments to TILA under the Credit Card Accountability Responsibility
and Disclosure Act of 2009, the Home Ownership and Equity Protection
Act of 1994, and the Dodd-Frank Act.
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These amounts are adjusted, where
appropriate, based on the annual percentage change reflected in the
CPI-W in effect on June 1, 2015. The minimum interest charge disclosure
thresholds will remain unchanged in 2016. The final rule became effective
January 1, 2016 (Consumer Financial Protection Bureau, Regulation
Z at 6-5600) and was published in the Federal Register on September
21, 2015.
The CFPB amended certain mortgage rules it issued in 2013.
This final rule revises the CFPB’s regulatory definitions of small
creditor, and rural and underserved areas, for purposes of certain
special provisions and exemptions from various requirements provided
to certain small creditors under the CFPB’s mortgage rules. The final
rule became effective January 1, 2016 (Consumer Financial Protection
Bureau, Regulation Z at
6-5600, Docket CFPB-2015-0004) and was published
in the
Federal Register on October 2, 2015.
The Payment System Federal Reserve Policy Statement on Payment System
Risk
The Board published revisions to part
II of the Federal Reserve Policy on Payment System Risk in the
Federal Register on December 5, 2014 related to the procedures
for measuring balances intraday in institutions’ accounts at the Federal
Reserve Banks.
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This publication corrects the omission of several posting times in
the Board’s procedures for posting debit and credit entries to institutions’
Federal Reserve accounts for automated clearinghouse debit transactions
and commercial check transactions. The policy changes took effect
on July 23, 2015 (Federal Reserve Policy Statement on Payment System
Risk at 9-1000, Docket OP-1472).Proposed Rules
The Board invites comment on a proposed rule
to promote financial stability by improving the resolvability and
resiliency of large, interconnected U.S. bank holding companies and
the U.S. operations of large, interconnected foreign banking organizations
pursuant to section 165 of the Dodd-Frank Act and related deduction
requirements for all banking organizations subject to the Board’s
capital rules.
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Under the proposed rule, a U.S. top-tier bank holding company identified
by the Board as a global systemically important banking organization
(covered BHC) would be required to maintain outstanding a minimum
amount of loss-absorbing instruments, including a minimum amount of
unsecured long-term debt, and related buffer. Similarly, the proposed
rule would require the top-tier U.S. intermediate holding company
of a global systemically important foreign banking organization with
$50 billion or more in U.S. non-branch assets (covered IHC) to maintain
outstanding a minimum amount of intra-group loss-absorbing instruments,
including a minimum amount of unsecured long-term debt, and related
buffer. The proposed rule would also impose restrictions on the other
liabilities that a covered BHC or covered IHC may have outstanding.
Finally, the proposed rule would require state member banks, bank
holding companies, and savings and loan holding companies that are
subject to the Board’s capital rules to apply a regulatory capital
deduction treatment to their investments in unsecured debt issued
by covered BHCs. Comments on this notice of proposed rulemaking must
be received by February 1, 2016 (Docket R-1523).
The Board invites public comment on a proposed rule that
would implement public disclosure requirements regarding the liquidity
coverage ratio (LCR) of large, internationally active banking organizations
and certain smaller, less complex banking organizations.
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The proposed rule
would apply to all depository institution holding companies and covered
nonbank companies that are required to calculate the LCR (covered
companies). A covered company would be required to publicly disclose
on a quarterly basis quantitative information about its LCR calculation,
as well as a discussion of certain features of its LCR results. The
proposed rule also would amend the LCR rule to provide a full year
for certain companies to come into compliance. Comments on this notice
of proposed rulemaking must be received by February 2, 2016 (Docket
R-1525).
The Board is seeking public comment on a proposed policy
statement detailing the framework the Board would follow in setting
the countercyclical capital buffer (CCyB). The buffer is a macroprudential
tool that can be used to increase the resilience of the financial
system by raising capital requirements on internationally active banking
organizations when there is an elevated risk of above-normal losses
in the future.
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The CCyB would then be available to help banking organizations absorb
shocks associated with declining credit conditions. Implementation
of the buffer could also help moderate fluctuations in the supply
of credit. For more information, see the press release and
related information on the Board’s public website: www.federalreserve.gov/newsevents/press/bcreg/20151221b.htm.
Comments on this notice of proposed rulemaking must be received by
February 19, 2016.
The Board, FDIC, and OCC are conducting a review of the
regulations they have issued in order to identify outdated or otherwise
unnecessary regulatory requirements imposed on insured depository
institutions, as required by the Economic Growth and Regulatory Paperwork
Reduction Act of 1996 (EGRPRA). EGRPRA requires the agencies to organize
the regulations into categories and publish groups of categories for
comment. The agencies are seeking public comment on regulations in
the following categories: rules of procedure; safety and soundness;
and securities.
In addition, as previously announced, the agencies have
expanded the scope of the EGRPRA review to include recently issued
final rules. Accordingly, the agencies invite the public to comment
on any agency final rule not included in a previous EGRPRA Federal
Register notice.
Finally, in order to be as inclusive as possible, the
agencies also invite comment during the comment period for this notice
on any agency rule that was issued in final form on or before December
31, 2015. These rules are listed on the EGRPRA website, http://egrpra.ffiec.gov/.
The public may also comment on any other agency rule, including rules
covered by the three prior notices during the open comment period
for this notice. Comments on this notice of regulatory review must
be received by March 22, 2016 (Docket R-1510).