January 2018Transmittal 443
Effective: 1/1/2018
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 2018.
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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 2018 at $16.0 million (up from $15.5 million in 2017). 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 2018 at $122.3
million (up from $115.1 million in 2017). 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.
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The final rule is effective December
8, 2017 (Regulation D at 2-122, Docket OP-1582) and was published
in the Federal Register on November 8, 2017. Banks and Banking Regulations
H and Q
The Board, the Federal Deposit Insurance
Corporation (FDIC), and the Office of the Comptroller of the Currency
(OCC) (collectively, “the agencies”) are adopting a final
rule that strengthens the agencies’ supplementary leverage ratio
standards for large, interconnected U.S. banking organizations.
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The final rule applies
to any U.S. top-tier bank holding company (BHC) with more than $700
billion in total consolidated assets or more than $10 trillion in
assets under custody (covered BHC) and any insured depository institution
(IDI) subsidiary of these BHCs (together, covered organizations).
In the revised regulatory capital rule adopted by the agencies in
July 2013, the agencies established a minimum supplementary leverage
ratio of 3 percent, consistent with the minimum leverage ratio adopted
by the Basel Committee on Banking Supervision, for banking organizations
subject to the agencies’ advanced approaches risk-based capital
rules. The final rule establishes enhanced supplementary leverage
ratio standards for covered BHCs and their subsidiary IDIs. Under
the final rule, an IDI that is a subsidiary of a covered BHC must
maintain a supplementary leverage ratio of at least 6 percent to be
well capitalized under the agencies’ prompt corrective action
framework. The Board also is adopting in the final rule a supplementary
leverage ratio buffer for covered BHCs of 2 percent above the minimum
supplementary leverage ratio requirement of 3 percent. The leverage
buffer functions like the capital conservation buffer for the risk-based capital
ratios in the 2013 revised capital rule. A covered BHC that maintains
a leverage buffer of tier 1 capital in an amount greater than 2 percent
of its total leverage exposure is not subject to limitations on distributions
and discretionary bonus payments under the final rule. The final rule
is effective January 1, 2018 (Regulation H at 3-150 and Regulation
Q at 3-2100, Docket R–1460) and was published in the Federal Register on May 1, 2014. Regulation I
The Board published a final rule that applies an inflation adjustment
to the threshold for total consolidated assets in Regulation I.
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Federal Reserve
Bank stockholders that have total consolidated assets above the threshold
receive a different dividend rate on their Reserve Bank stock than
stockholders with total consolidated assets at or below the threshold.
The Federal Reserve Act requires that the Board annually adjust the
total consolidated asset threshold to reflect the change in the Gross
Domestic Product Price Index, published by the Bureau of Economic
Analysis. Based on the change in the Gross Domestic Product Price
Index as of September 28, 2017, the total consolidated asset threshold
will be $10,283,000,000 through December 31, 2018. The final rule
is effective January 1, 2018 (Regulation I at 3-460, Docket R-1560)
and was published in the Federal Register on November 13, 2017.Bank Secrecy Act Regulations
The Financial Crimes Enforcement Network (FinCEN), a bureau of the
Department of the Treasury, issued this final rule to prohibit covered
U.S. financial institutions from opening or maintaining a correspondent
account for, or on behalf of, Bank of Dandong Co., Ltd. as a financial
institution of primary money laundering concern pursuant to section
311 of the USA PATRIOT Act.
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The rule further requires covered
U.S. financial institutions to take reasonable steps not to process
transactions for the correspondent account of a foreign banking institution
in the United States if such a transaction involves Bank of Dandong.
It also requires covered institutions to apply special due diligence
to their foreign correspondent accounts that is reasonably designed
to guard against their use to process transactions involving Bank
of Dandong. The final rule is effective December 8, 2017 (Department
of the Treasury, Financial Crimes Enforcement Network at 3-1700) and
was published in the Federal Register on November 8, 2017.Regulation Q
The Board, the FDIC, and
the OCC are adopting a final rule to extend the regulatory capital
treatment applicable during 2017 under the regulatory capital rules
for certain items. These items include regulatory capital deductions,
risk weights, and certain minority interest limitations.
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The relief provided
under the final rule applies to banking organizations that are not
subject to the capital rules’ advanced approaches. Specifically,
for these banking organizations, the final rule extends the current
regulatory capital treatment of mortgage servicing assets, deferred
tax assets arising from temporary differences that could not be realized
through net operating loss carrybacks, significant investments in
the capital of unconsolidated financial institutions in the form of
common stock, non-significant investments in the capital of unconsolidated
financial institutions, significant investments in the capital of
unconsolidated financial institutions that are not in the form of
common stock, and common equity tier 1 minority interest, tier 1 minority
interest, and total capital minority interest exceeding the capital
rules’ minority interest limitations. Under the final rule,
advanced approaches banking organizations continue to be subject to
the transition provisions established by the capital rules for the
above capital items. Therefore, for advanced approaches banking organizations,
their transition schedule is unchanged, and advanced approaches banking
organizations are required to apply the capital rules’ fully
phased-in treatment for these capital items beginning January 1, 2018.
The final rule is effective January 1, 2018 (Regulation Q at 3-2100,
Docket R-1571) and was published in the Federal Register on
November 21, 2017. Consumer and Community
Affairs Regulation M and CFPB’s
Regulation M
The Board and the Consumer Financial
Protection Bureau (CFPB) are finalizing amendments to the official
interpretations and commentary for the agencies’ regulations
that implement the Consumer Leasing Act (CLA).
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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). 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. However, in years
following a year in which the exemption threshold was not adjusted,
the threshold is calculated by applying the annual percentage change
in the CPI-W to the dollar amount that would have resulted, after
rounding, if the decreases and any subsequent increases in the CPI-W
had been taken into account. Based on the annual percentage increase
in the CPI-W as of June 1, 2017, the exemption threshold will increase
from $54,600 to $55,800 effective January 1, 2018. The final rule
is effective January 1, 2018 (Regulation M at 6-500 and Consumer Financial
Protection Bureau, Regulation M at 6-5500, Docket R-1579) and was
published in the Federal Register on November 9, 2017.Regulation Z and CFPB’s Regulation Z
The Board, the CFPB, and the OCC are finalizing amendments to the
official interpretations for their regulations that implement section
129H of the Truth in Lending Act (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, the CFPB, the FDIC,
the Federal Housing Finance Agency, the National Credit Union Administration,
and the OCC (collectively, “the agencies”) 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, the CFPB, and the OCC will not adjust this exemption threshold
from the prior year. However, in years following a year in which the
exemption threshold was not adjusted, the threshold is calculated
by applying the annual percentage increase in the CPI-W to the dollar
amount that would have resulted, after rounding, if the decreases
and any subsequent increases in the CPI-W had been taken into account.
Based on the CPI-W in effect as of June 1, 2017, the exemption threshold
will increase from $25,500 to $26,000 effective January 1, 2018. The
final rule is effective January 1, 2018 (Regulation Z at 6-600 and
Consumer Financial Protection Bureau, Regulation Z at 6-5600, Docket
R-1580) and was published in the Federal Register on November
9, 2017.
The Board and the CFPB are publishing final rules amending
the official interpretations and commentary for the agencies’
regulations that implement 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. However, in years
following a year in which the exemption threshold was not adjusted,
the threshold is calculated by applying the annual percentage change
in the CPI-W to the dollar amount that would have resulted, after
rounding, if the decreases and any subsequent increases in the CPI-W
had been taken into account. Based on the annual percentage increase
in the CPI-W as of June 1, 2017, the exemption threshold will increase
from $54,600 to $55,800 effective January 1, 2018. The final rule
is effective January 1, 2018 (Regulation Z at 6-600 and Consumer Financial
Protection Bureau, Regulation Z at 6-5600, Docket R-1581) and was
published in the Federal Register on November 9, 2017.Regulation BB
The Board, the FDIC, and
the OCC are amending their regulations implementing the Community
Reinvestment Act. The agencies are modifying the existing definitions
of “home mortgage loan” and “consumer loan,”
related cross references, and the public file content requirements
to conform to recent revisions made by the CFPB to Regulation C, which
implements the Home Mortgage Disclosure Act.
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This final rule also removes
obsolete references to the Neighborhood Stabilization Program. The
final rule is effective January 1, 2018 (Regulation BB at 6-1220,
Docket R-1574) and was published in the Federal Register on
November 24, 2017.CFPB’s Regulation B
The CFPB is issuing a final rule that amends Regulation
B to permit creditors additional flexibility in complying with Regulation
B in order to facilitate compliance with Regulation C, adds certain
model forms and removes others from Regulation B, and makes various
other amendments to Regulation B and its commentary to facilitate
the collection and retention of information about the ethnicity, sex,
and race of certain mortgage applicants.
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The final rule is effective on
January 1, 2018, except for amendments to Appendix B to Part 1002
that become effective January 1, 2022 (Consumer Financial Protection
Bureau, Regulation B at 6-5001, Docket CFPB-2017-0009) and was published
in the Federal Register on October 2, 2017.CFPB’s
Regulation C
The CFPB is amending Regulation
C to implement amendments to the Home Mortgage Disclosure Act made
by section 1094 of the Dodd-Frank Act. Consistent with section 1094
of the Dodd-Frank Act, the CFPB is adding several new reporting requirements
and clarifying several existing requirements.
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The CFPB is also modifying the
institutional and transactional coverage of Regulation C. The final
rule also provides extensive guidance regarding compliance with both
the existing and new requirements. The final rule is effective January
1, 2018, except for several amendments that become effective January
1, 2019 and January 1, 2020 (Consumer Financial Protection Bureau,
Regulation C at 6-5200, Docket CFPB-2014-0019) and was published in
the Federal Register on October 28, 2015.
The CFPB is amending Regulation C (Home Mortgage Disclosure)
to make technical corrections to and to clarify certain requirements
adopted by the CFPB’s final rule published in the
Federal
Register on October 28, 2015.
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The CFPB is also amending Regulation
C to increase the threshold for collecting and reporting data about
open-end lines of credit for a period of two years so that financial
institutions originating fewer than 500 open-end lines of credit in
either of the preceding two years would not be required to begin collecting
such data until January 1, 2020. The CFPB also is adopting a new reporting
exclusion. The final rule is effective January 1, 2018, except for
several amendments that become effective January 1, 2019 and January
1, 2020 (Consumer Financial Protection Bureau, Regulation C at 6-5200,
Docket CFPB-2017-0010 and CFPB-2017-0021) and was published in the Federal Register on September 13, 2017.CFPB’s
Regulation Z
The CFPB is issuing this final
rule amending the official interpretations for Regulation Z, which
implements TILA.
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The CFPB is required to calculate annually the dollar amounts
for several provisions in Regulation Z; this final rule revises, as
applicable, the dollar amounts for provisions implementing TILA and
amendments to TILA, including 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. The CFPB is
adjusting these amounts, where appropriate, based on the annual percentage
change reflected in the Consumer Price Index in effect on June 1,
2017. The final rule is effective January 1, 2018 (Consumer Financial
Protection Bureau, Regulation Z at 6-5600) and was published in the Federal Register on August 30, 2017. Procedural and Organizational Rules Board of Governors—Rules of Organization
The Board has amended its definition of a quorum of the
Board in the Board’s Rules of Organization. The amendment is
designed to facilitate the Board’s ability to continue to function
efficiently during periods of substantial vacancies on the Board.
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The amendment does
not alter the number of Board members required to constitute a quorum
in normal operating environments. The amendment also addresses Board
member recusals and disqualifications. In addition, the Board has
provided a modified definition of a quorum during exigent circumstances.
In connection with this modification, the Board is amending its Rules
Regarding Delegation of Authority to authorize the Chair (or Vice
Chair, if the Chair is unavailable) to determine when an emergency
situation exists. The amendment to the Board’s Rules of Organization
is effective October 25, 2017 (Procedural and Organizational Rules,
Board of Governors—Rules of Organization at 8-001, Docket OP-1578)
and was published in the Federal Register on November 22, 2017.Rules Regarding Delegation of Authority
The Board is amending its Rules Regarding Delegation of Authority,
in connection with the amendment to the Board’s Rules of Organization
to provide a modified quorum procedure during exigent circumstances.
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The amendment to
the Rules Regarding Delegation of Authority is effective November
22, 2017 (Procedural and Organizational Rules, Rules Regarding Delegation
of Authority at 8-102, Docket R-1578) and was published in the Federal Register on November 22, 2017.Proposed
Rules
On August 17, 2017, the Board published
in the
Federal Register a proposed new rating system for its
supervision of large financial institutions. To facilitate effective
public comment on the proposal, the Board previously extended the
comment period from October 16, 2017, to November 30, 2017.
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The Board has determined
that a further extension of the comment period until February 15,
2018, is appropriate. This action will allow interested persons additional
time to analyze the proposal and prepare their comments. Comments
on this notice of proposed rulemaking must be received by February
15, 2018 (Docket R-1569).
The Board is proposing to amend its Regulation A to revise
the provisions regarding the establishment of the primary credit rate
in a financial emergency, and to delete the provisions relating to
the use of credit ratings for collateral for extensions of credit
under the former Term Asset-Backed Securities Loan Facility (TALF).
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The proposed amendments
are intended to allow the regulation to address circumstances in which
the Federal Open Market Committee has established a target range for
the federal funds rate rather than a single target rate, and to reflect
the expiration of the TALF program. Comments on this notice of proposed
rulemaking must be received by January 8, 2018 (Docket R-1585).
The Board is inviting comment on
an enhanced disclosure of the models used in the Federal Reserve’s
supervisory stress test conducted under the Board’s Regulation
YY pursuant to the Dodd-Frank Act and the Board’s capital plan
rule. Comments on this notice of proposed rulemaking must be received
by January 22, 2018 (Docket OP-1586).
The Board is inviting comment on a proposed policy statement
on the approach to supervisory stress testing conducted under the
Board’s Regulation YY pursuant to the Dodd-Frank Act and the
Board’s capital plan rule. Comments on this notice of proposed
rulemaking must be received by January 22, 2018 (Docket OP-1587).
The Board is requesting public comment on amendments to
its policy statement on the scenario design framework for stress testing.
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The proposed amendments
to the policy statement would clarify when the Board may adopt a change
in the unemployment rate in the severely adverse scenario of less
than 4 percentage points; institute a countercyclical guide for the
change in the house price index in the severely adverse scenario;
and provide notice that the Board plans to incorporate wholesale funding
costs for banking organizations in the scenarios. The Board would
continue to use the policy statement to develop the macroeconomic
scenarios and additional scenario components that are used in the
supervisory and company-run stress tests conducted under the Board’s
stress test rules and the Board’s capital plan rule. Comments
on this notice of proposed rulemaking must be received by January
22, 2018 (Docket OP-1588).
The Board is requesting comment on proposed changes to
part II of the Federal Reserve Policy on Payment System Risk (PSR
policy) related to procedures for determining the net debit cap and
maximum daylight overdraft capacity of a U.S. branch or agency of
a foreign banking organization (FBO).
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Under the PSR policy, an FBO’s
strength of support assessment (SOSA) ranking can affect its eligibility
for a positive net debit cap, the size of its net debit cap, and its
eligibility to request a streamlined procedure to obtain maximum daylight
overdraft capacity. Additionally, an FBO that is a financial holding
company (FHC) can generally receive a higher net debit cap than an
FBO that is not an FHC, and is generally eligible to request a streamlined
procedure to obtain maximum daylight overdraft capacity. The proposed
changes to the PSR policy would remove references to the SOSA ranking;
remove references to FBOs’ FHC status; and adopt alternative
methods for determining an FBO’s eligibility for a positive
net debit cap, the size of its net debit cap, and its eligibility
to request a streamlined procedure to obtain maximum daylight overdraft
capacity. The Board recognizes that the proposed changes would reduce
net debit caps for some FBOs, but the Board believes that the adjusted
FBO net debit caps would be better tailored to FBOs’ actual
usage of intraday credit and would not constrain FBOs’ U.S.
operations. Comments on this notice of proposed rulemaking must be
received by February 12, 2018 (Docket OP-1589).