April 2018Transmittal 446
Effective: 4/1/2018
Procedural and Organizational Rules Rules Regarding Delegation of Authority
The Board is amending its Rules Regarding Delegation
of Authority to delegate to the Secretary of the Board the authority
to review and determine an appeal of denial of access to Board records
under the Freedom of Information Act, the Privacy Act, and the Board’s
rules regarding such access.
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The amendments to the Rules
Regarding Delegation of Authority are effective March 6, 2018 (Procedural
and Organizational Rules, Rules Regarding Delegation of Authority, Docket R-1600), the
same day they were published in the Federal Register. Proposed Rules
The Board,
the Farm Credit Administration (FCA), the Federal Deposit Insurance
Corporation (FDIC), the Federal Housing Finance Agency (FHFA), and
the Office of the Comptroller of the Currency (OCC) (collectively,
“the agencies”) are seeking comment on proposed amendments to the
minimum margin requirements for registered swap dealers, major swap
participants, security-based swap dealers, and major security-based
swap participants for which one of the agencies is the prudential
regulator (swap margin rule).
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The agencies are proposing these
amendments in light of the rules recently adopted by the Board, the
FDIC, and the OCC that impose restrictions on certain non-cleared
swaps and non-cleared security-based swaps and other financial contracts
(covered QFCs) (the QFC rules). The QFC rules amend the definition
of “qualifying master netting agreement” in the federal banking agencies’
regulatory capital and liquidity rules to ensure that a covered QFC
is not prevented from being part of a qualifying master netting agreement
solely because the covered QFC conforms to the new requirements in
the QFC rules. The FCA also plans to propose amendments to its capital
rules, including potential revisions to its regulatory definition
of “qualifying master netting agreement,” which is expected to be
identical to the definition used in the federal banking agencies’
regulatory capital and liquidity rules.
The agencies are proposing to amend the definition of
“eligible master netting agreement” in the swap margin rule so that
it remains harmonized with the amended definition of “qualifying master
netting agreement” in the federal banking agencies’ regulatory capital
and liquidity rules, and amendments to the capital rules that the
FCA separately plans to propose.
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This proposed rule would also
ensure that netting agreements of firms subject to the swap margin
rule are not excluded from the definition of “eligible master netting
agreement” based solely on their compliance with the QFC rules. The
agencies are also proposing that any legacy non-cleared swap or non-cleared
security-based swap (i.e., a non-cleared swap or non-cleared security-based
swap entered into before the applicable compliance date) that is not
subject to the margin requirements of the swap margin rule would not
become subject to the provisions of the swap margin rule if the non-cleared
swap or non-cleared security-based swap is amended solely to comply
with the requirements of the QFC rules. Comments on this notice of
proposed rulemaking must be received by April 23, 2018 (Docket R-1596).
The Board is publishing for comment proposed amendments
to Regulation J.
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The proposed amendments are intended to clarify and simplify certain
provisions of subpart A of Regulation J, remove obsolete provisions,
and align the rights and obligations of sending banks, paying banks,
and Federal Reserve Banks with the Board’s recent amendments to Regulation
CC (Availability of Funds and Collection of Checks) to reflect the
virtually all-electronic check collection and return environment.
The proposed rule would also amend subpart B of Regulation J to clarify
that terms used in financial messaging standards, such as ISO 20022,
do not confer legal status or responsibilities. Comments on this notice
of proposed rulemaking must be received by May 14, 2018 (Docket R-1599).