February 2018Transmittal 444
Effective: 2/1/2018
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
December 20, 2017 (Regulation A at 2-001, Docket R-1592) and was published
in the Federal Register on December 20, 2017. The rate changes
for primary and secondary credit were applicable on December 14, 2017. Regulation D
The Board is amending Regulation
D (Reserve Requirements of Depository Institutions) to revise the
rate of interest paid on balances maintained to satisfy reserve balance
requirements (IORR) and the rate of interest paid on excess balances
(IOER) maintained at Federal Reserve Banks by or on behalf of eligible
institutions.
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The final amendments specify that IORR is 1.50 percent and IOER is
1.50 percent, a 0.25 percentage point increase from their prior levels.
The amendments are intended to enhance the role of such rates of interest
in moving the federal funds rate into the target range established
by the Federal Open Market Committee. The final rule is effective
December 20, 2017 (Regulation D at 2-122, Docket R-1593) and was published
in the Federal Register on December 20, 2017. The IORR and
IOER rate changes were applicable on December 14, 2017. Banks and Banking Policy Statement
The Board,
the Federal Deposit Insurance Corporation (FDIC), the National Credit
Union Administration, and the Office of the Comptroller of the Currency
(OCC) issued on December 15, 2017,
Interagency Supervisory Examiner
Guidance for Institutions Affected by a Major Disaster to provide
examiner guidance highlighting supervisory practices to be followed
after a major disaster.
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The supervisory approach described in the guidance provides
examiners flexibility to conduct supervisory activities and formulate
their supervisory responses considering the issues confronting institutions
affected by a major disaster (Guidance,
Examinations and Inspections at 3-1532.8).Regulation Q
The Board published a final
rule in the
Federal Register on October 11, 2013, regarding
regulatory capital rules. The Board is issuing amendments that corrects
a typographical error in those rules whereby a transition provision
was unintentionally deleted.
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The Board also published inconsistent
amendments to Regulation Q in final rules published in the Federal
Register on May 1, 2014, and August 14, 2015, that pertain to
firms identified as global systemically important bank holding companies.
This issuance resolves these inconsistencies. The final rule is effective
January 8, 2018 (Regulation Q at 3-2100, Dockets R-1442, R-1460, and
R-1535) and was published in the Federal Register on January
8, 2018. Consumer and Community
Affairs Regulation C
The Board is repealing its Regulation C, which was issued
to implement the Home Mortgage Disclosure Act (HMDA). Title X of the
Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank
Act) transferred rulemaking authority for a number of consumer financial
protection laws, including HMDA, from the Board to the Consumer Financial
Protection Bureau (CFPB).
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HMDA requires covered financial
institutions to collect and report loan data in connection with residential
mortgage applications and loans. Although the Board retains authority
to issue some consumer financial protection rules, all rulemaking
authority under HMDA concerning mortgage loan transactions was transferred
to the CFPB. In December 2011, the CFPB published an interim final
rule establishing its own Regulation C to implement HMDA, which superseded
the Board’s Regulation C. In October 2015, the CFPB revised
its own Regulation C to expand and revise the data collection and
reporting regime required under HMDA, as amended by the Dodd-Frank
Act. In April 2016, the CFPB published a final rule adopting the December
2011 interim final rule, as revised by the October 2015 final rule.
Accordingly, the Board is repealing its Regulation C and the Official
Staff Commentary that accompanies the regulation. The final rule is
effective January 22, 2018 (Regulation C at 6-200, Docket R-1590)
and was published in the Federal Register on December 22, 2017.Regulation BB
The Board, the
FDIC, and the OCC are amending their Community Reinvestment Act (CRA)
regulations to adjust the asset-size thresholds used to define “small
bank” or “small savings association” and “intermediate
small bank” or “intermediate small savings association.”
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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 FDIC is also amending
its definition of “consumer loan” to correct a typographical
error included in a CRA final rule issued on November 24, 2017. The
final rule is effective January 1, 2018 (Regulation BB at 6-1220,
Docket R-1574) and was published in the Federal Register on
December 27, 2017.CFPB’s Regulation C
The CFPB issued a final rule amending the official commentary
that interprets the requirements of the CFPB’s 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 2.1 percent increase
in the average of the CPI-W for the 12-month period ending in November
2017, the exemption threshold is adjusted to increase to $45 million
from $44 million. Therefore, banks, savings associations, and credit
unions with assets of $45 million or less as of December 31, 2017,
are exempt from collecting data in 2018. The final rule is effective
January 1, 2018 (Consumer Financial Protection Bureau, Regulation
C at 6-5200) and was published in the Federal Register on December
27, 2017.CFPB’s Regulation Z
The CFPB is amending the official commentary that interprets the
requirements of the CFPB’s Regulation Z (Truth in Lending) to
reflect a change in the asset-size threshold for certain creditors
to qualify for an exemption to the requirement to establish an escrow
account for a higher-priced mortgage loan based on the annual percentage
change in the average of the CPI-W for the 12-month period ending
in November.
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The exemption threshold is adjusted to increase to $2.112 billion
from $2.069 billion. The adjustment is based on the 2.1 percent increase
in the average of the CPI-W for the 12-month period ending in November
2017. Therefore, creditors with assets of less than $2.112 billion
(including assets of certain affiliates) as of December 31, 2017,
are exempt, if other requirements of Regulation Z also are met, from
establishing escrow accounts for higher-priced mortgage loans in 2018.
This asset limit will also apply during a grace period, in certain
circumstances, with respect to transactions with applications received
before April 1 of 2019. The adjustment to the escrows asset-size exemption
threshold will also increase a similar threshold for small-creditor
portfolio and balloon-payment qualified mortgages. Balloon-payment
qualified mortgages that satisfy all applicable criteria, including
being made by creditors that have (together with certain affiliates)
total assets below the threshold, are also excepted from the prohibition
on balloon payments for high-cost mortgages. 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 December
27, 2017. Procedural and Organizational
Rules Rules of Practice for Hearings
The Board issued a final rule amending its rules
of practice and procedure to adjust the amount of each civil money
penalty provided by law within its jurisdiction to account for inflation
as required by the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015.
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The final rule is effective January
10, 2018 (Procedural and Organizational Rules, Rules of Practice for
Hearings at 8-043, Docket R-1595) and was published in the Federal
Register on January 10, 2018. Proposed
Rules
The Board is proposing to revise its
Regulation M, which was issued to implement the Consumer Leasing Act
(CLA). Title X of the Dodd-Frank Act transferred rulemaking authority
for a number of consumer financial protection laws, including the
CLA, from the Board to the CFPB.
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Under section 1029 of the Dodd-Frank
Act, however, the Board retains authority to issue rules for motor
vehicle dealers that are predominantly engaged in the sale and servicing
of motor vehicles, the leasing and servicing of motor vehicles, or
both, and are otherwise not subject to the CFPB’s regulatory
authority. The Board is proposing to revise its Regulation M and the
accompanying Official Staff Commentary to reflect this change in the
persons covered by the Board’s Regulation M. Comments on this
notice of proposed rulemaking must be received by March 5, 2018 (Docket
R-1591).