January 2023Transmittal 503
Effective: 1/1/2023
Monetary Policy and Reserve Requirements
Regulation D
The Board amended Regulation
D (Reserve Requirements of Depository Institutions) to reflect the
annual indexing of the reserve requirement exemption amount and the
low reserve tranche for 2023.
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The annual indexation of these
amounts is required notwithstanding the Board’s action in March 2020
setting all reserve requirement ratios to zero. The Regulation D amendments
set the reserve requirement exemption amount for 2023 at $36.1 million
(increased from $32.4 million in 2022) and the amount of the low reserve
tranche at $691.7 million (increased from $640.6 million in 2022).
The adjustments to both of these amounts are derived using statutory
formulas specified in the Federal Reserve Act. The annual indexation
of the reserve requirement exemption amount and low reserve tranche,
though required by statute, will not affect depository institutions’
reserve requirements, which will remain zero. The final rule is effective
January 3, 2023 (Regulation D, Docket R-1791) and was published in the Federal Register on December 1, 2022. The new low reserve tranche and reserve requirement
exemption amount will apply beginning January 1, 2023. Banks and Banking
Regulation I
The Board issued 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 29, 2022, the total consolidated asset
threshold will be $12,124,000,000 through December 31, 2023. The final
rule is effective January 3, 2023 (Regulation I, Docket R-1792) and was published in the Federal Register on December 1, 2022. The adjusted threshold for total consolidated
assets will apply beginning January 1, 2023. Consumer
and Community Affairs
Regulation M and
CFPB’s Regulation M
The Board and the Consumer
Financial Protection Bureau (CFPB) finalized 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). Under regulations
adopted by the agencies, if there is no annual percentage increase
in the CPI-W, the agencies will not adjust this exemption threshold
from the prior year. Additionally, in years following a year in which
the exemption threshold was not adjusted because the CPI-W decreased,
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, 2022, the exemption threshold will increase
from $61,000 to $66,400. The final rule is effective January 1, 2023
(Regulation M and Consumer Financial Protection Bureau, Regulation M, Docket R-1783) and was published in the Federal Register on October 20, 2022. Regulation Z and CFPB’s Regulation
Z
The Board, the CFPB, and the Office of the
Comptroller of the Currency (OCC) finalized amendments to the official
interpretations for their regulations that implement section 129H
of the Truth in Lending Act (TILA).
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Section 129H of TILA establishes
special appraisal requirements for “higher-risk mortgages,” termed
“higher-priced mortgage loans” or HPMLs in the agencies’ regulations.
The Board, the CFPB, the Federal Deposit Insurance Corporation, the
Federal Housing Finance Agency, the National Credit Union Administration,
and the OCC jointly issued 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. Additionally, in years following a year in which
the exemption threshold was not adjusted because the CPI-W decreased,
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, 2022, the exemption threshold will increase from $28,500 to $31,000.
The final rule is effective January 1, 2023 (Regulation Z and Consumer Financial Protection Bureau, Regulation Z, Docket R-1785) and was published in the Federal Register on October 20, 2022.
The Board and the CFPB are amending the official interpretations
and commentary for the agencies’ regulations that implement TILA.
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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. Under regulations adopted by the agencies,
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. Additionally, in years following a year in which the exemption
threshold was not adjusted because the CPI-W decreased, 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, 2022, the exemption threshold will increase from $61,000
to $66,400. The final rule is effective January 1, 2023 (Regulation Z and Consumer Financial Protection Bureau, Regulation Z, Docket R-1784) and was published in the Federal Register on October 20, 2022. CFPB’s Regulation
V
The CFPB is amending Regulation V, which
implements the Fair Credit Reporting Act (FCRA).
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The CFPB is required to calculate
annually the dollar amount of the maximum allowable charge for disclosures
by a consumer reporting agency to a consumer pursuant to section 609
of the FCRA (15 U.S.C. 1681g); this final rule establishes the maximum
allowable charge for the 2023 calendar year. The final rule is effective
January 1, 2023 (Consumer Financial Protection Bureau, Regulation V) and was published in the Federal Register on November 25,
2022. Proposed Rules
The Board is
requesting comment on draft principles that would provide a high-level
framework for the safe and sound management of exposures to climate-related
financial risks for Board-supervised financial institutions with over
$100 billion in assets.
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Although all financial institutions, regardless of size,
may have material exposures to climate-related financial risks, these
principles are intended for the largest financial institutions, i.e.,
those with over $100 billion in total consolidated assets. The draft
principles are intended to support efforts by large financial institutions
to focus on key aspects of climate-related financial risk management.
Comments on the draft principles must be received by February 6, 2023
(Docket OP-1793).