February 2023Transmittal 504
Effective: 2/1/2023
Monetary Policy and Reserve Requirements
Regulation A
The Board has adopted final
amendments to its Regulation A to reflect the Board’s approval of
an increase in the rate for primary credit at each Federal Reserve
Bank.
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The
secondary credit rate at each Reserve Bank automatically increased
by formula as a result of the Board’s primary credit rate action.
The final rule is effective January 13, 2023 (Regulation A, Docket R-1797), the same day it was published in the Federal
Register. The rate changes for primary and secondary credit were
applicable on December 15, 2022. Regulation
D
The Board is amending Regulation D (Reserve
Requirements of Depository Institutions) to revise the rate of interest
paid on balances (IORB) maintained at Federal Reserve Banks by or
on behalf of eligible institutions.
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The final amendments specify
that IORB is 4.40 percent, a 0.50 percentage point increase from its
prior level. The amendment is intended to enhance the role of IORB
in maintaining the federal funds rate in the target range established
by the Federal Open Market Committee. The final rule is effective
January 13, 2023 (Regulation D, Docket R-1798), the same day it was published in the Federal
Register. The IORB rate change was applicable on December 15,
2022. Banks and Banking
Regulation
O
On December 22, 2022, the Board, the Federal
Deposit Insurance Corporation (FDIC), and the Office of the Comptroller
of the Currency (OCC) issued an
Extension of the Revised Statement
Regarding Status of Certain Investment Funds and Their Portfolio Investments
for Purposes of Regulation O and Reporting Requirements under Part
363 of FDIC Regulations.
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This statement extends the expiration
of the no-action position provided in the revised statement that was
issued on December 17, 2021, and that expired on January 1, 2023.
The federal banking agencies will continue to exercise discretion
to not take enforcement action against banks or asset managers that
become principal shareholders of banks with respect to certain extensions
of credit by banks that otherwise would violate Regulation O. The
agencies are extending this temporary relief while the Board, in consultation
with the other federal banking agencies, considers whether to amend
Regulation O. The interagency statement also sets forth the eligibility
criteria for this relief (Regulation O). Policy Statements
The Board
periodically issues Supervision and Regulation (SR) letters announcing
that certain previously issued guidance has become inactive or has
been superseded.
- SR letter 22-10, “Inactive Supervisory Guidance,”
issued December 19, 2022, affects the following guidance published
in the Federal Reserve Regulatory Service:
- Interagency Statement Clarifying the Role of Supervisory
Guidance (superseded) (Guidance, Safety
and Soundness at 3-1579.29). Superseded by the “Statement Clarifying
the Role of Supervisory Guidance,” codified at appendix Ato 12 CFR 262.
Consumer and Community Affairs
Regulation BB
The Board
and the FDIC amended their Community Reinvestment Act (CRA) regulations
to adjust the asset-size thresholds used to define “small bank” and
“intermediate small bank.”
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As required by the CRA regulations,
the adjustment to the threshold amount is based on the annual percentage
change in the Consumer Price Index for Urban Wage Earners and Clerical
Workers (CPI-W). The final rule is effective January 1, 2023 (Regulation BB, Docket R-1795) and was published in the Federal Register on December 23, 2022.CFPB’s Regulation
C
In April 2020, the Consumer Financial Protection
Bureau (CFPB) issued a final rule (2020 HMDA Rule) to amend Regulation
C to increase the threshold for reporting data about closed-end mortgage
loans.
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The
2020 HMDA Rule increased the closed-end mortgage loan reporting threshold
from 25 loans to 100 loans in each of the two preceding calendar years,
effective July 1, 2020. On September 23, 2022, the United States District
Court for the District of Columbia vacated the 2020 HMDA Rule as to
the increased loan-volume reporting threshold for closed-end mortgage
loans. As a result of the September 23, 2022, order, the threshold
for reporting data about closed-end mortgage loans is 25, the threshold
established by the 2015 HMDA Rule. Accordingly, this technical amendment
updates the Code of Federal Regulations to reflect the closed-end
mortgage loan reporting threshold of 25 mortgage loans in each of
the two preceding calendar years. The technical amendment is effective
December 21, 2022 (Consumer Financial Protection Bureau, Regulation C, Docket CFPB-2019-0021), the same day it was published in the Federal Register.
The CFPB amended the official commentary that interprets
the requirements of Regulation C (Home Mortgage Disclosure) to reflect
the asset-size exemption threshold for banks, savings associations,
and credit unions based on the annual percentage change in the average
of the CPI-W.
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Based on the 8.6 percent increase in the average of the CPI-W for
the 12-month period ending in November 2022, the exemption threshold
is adjusted to $54 million from $50 million. Therefore, banks, savings
associations, and credit unions with assets of $54 million or less
as of December 31, 2022, are exempt from collecting data in 2023.
The final rule is effective January 1, 2023 (Consumer Financial Protection
Bureau, Regulation C) and was published in the Federal Register on December 30,
2022.CFPB’s Regulation Z
The
CFPB issued a final rule amending Regulation Z, which implements the
Truth in Lending Act (TILA).
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The CFPB calculates the dollar
amounts for several provisions in Regulation Z annually; this final
rule revises, as applicable, the dollar amounts for provisions implementing
TILA and amendments to TILA, including under the Home Ownership and
Equity Protection Act of 1994 (HOEPA), and the Dodd-Frank Wall Street
Reform and Consumer Protection 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, 2022. The final rule
is effective January 1, 2023 (Consumer Financial Protection Bureau, Regulation Z) and was published in the Federal Register on December 23,
2022.
The CFPB amended the official commentary
to its Regulation Z in order to make annual adjustments to the asset-size
thresholds exempting certain creditors from the requirement to establish
an escrow account for a higher-priced mortgage loan.
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These changes reflect updates
to the exemption from the escrow requirement in TILA for creditors
that, together with their affiliates that regularly extended covered
transactions secured by first liens, had total assets of less than
$2 billion (adjusted annually for inflation). They also reflect updates
to the exemption the CFPB added, by implementing section 108 of the
Economic Growth, Regulatory Relief, and Consumer Protection Act, for
certain insured depository institutions and insured credit unions
with assets of $10 billion or less (adjusted annually for inflation).
These amendments are based on the annual percentage change in the
average of the CPI-W. Based on the 8.6 percent increase in the average
of the CPI-W for the 12-month period ending in November 2022, the
exemption threshold for creditors and their affiliates that regularly
extended covered transactions secured by first liens is adjusted to
$2.537 billion from $2.336 billion and the exemption threshold for
certain insured depository institutions and insured credit unions
with assets of $10 billion or less is adjusted to $11.374 billion
from $10.473 billion. The final rule is effective January 1, 2023
(Consumer Financial Protection Bureau, Regulation Z) and was published in the Federal Register on December 30,
2022.Payment System
Federal
Reserve Policy Statement on Payment System Risk
The Board has adopted changes to part II of the Federal Reserve Policy
on Payment System Risk (PSR policy).
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The changes expand the eligibility
of depository institutions to request collateralized intraday credit
from the Federal Reserve Banks while reducing administrative steps
for requesting collateralized intraday credit. In addition, the Board
is adopting changes to the PSR policy that clarify the eligibility
standards for accessing uncollateralized intraday credit from Reserve
Banks and modify the impact of a holding company’s or affiliate’s
supervisory rating on an institution’s eligibility to request uncollateralized
intraday credit capacity. The Board is also adopting changes to part
II of the PSR policy to support the deployment of the FedNowSM Service. Finally, the Board is simplifying the Federal Reserve Policy
on Overnight Overdrafts and incorporating into the PSR policy as part
III. The amendments to part II of the PSR policy are effective February
6, 2023 (Federal Reserve Policy Statement on Payment System Risk at 9-1000, Docket OP-1749) and were published in the Federal Register on December 8, 2022. The FedNow Service-related changes to the PSR
policy and the changes related to the Overnight Overdrafts policy
will become effective when Reserve Banks begin processing live transactions
for FedNow Service participants (expected in 2023).
The Board is revising part II of the PSR policy to add
a posting rule to facilitate the implementation of enhancements to
the Automated Claim Adjustment Process.
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The revisions to part II of
the PSR policy are applicable January 30, 2023 (Federal Reserve Policy
Statement on Payment System Risk at 9-1000, Docket OP-1796) and were
published in the Federal Register on December 27, 2022.