March 2023Transmittal 505
Effective: 3/1/2023
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 February 8, 2023 (Regulation A, Docket R-1801), the same day it was published in the Federal
Register. The rate changes for primary and secondary credit were
applicable on February 2, 2023. 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 4.65 percent, a 0.25 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
February 8, 2023 (Regulation D, Docket R-1802), the same day it was published in the Federal
Register. The IORB rate change was applicable on February 2, 2023. Banks and Banking
Regulation
H
The Board issued a policy statement (12 CFR
208.112; at
3-416.15) interpreting section 9(13) of the Federal Reserve
Act and setting out a rebuttable presumption that it will exercise
its discretion under that provision to limit state member banks to
engaging as principal in only those activities that are permissible
for national banks—in each case, subject to the terms, conditions,
and limitations placed on national banks with respect to the activity—unless
those activities are permissible for state banks by federal statute
or under part 362 of the Federal Deposit Insurance Corporation’s regulations.
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The policy statement
also reiterates to state member banks that legal permissibility is
a necessary, but not sufficient, condition to establish that a state
member bank may engage in a particular activity. A state member bank
must at all times conduct its business and exercise its powers with
due regard to safety and soundness. For instance, it should have in
place internal controls and information systems that are appropriate
and adequate in light of the nature, scope, and risks of its activities.
The final rule is effective February 7, 2023 (Regulation H, Docket R-1800), the same day it was published in the Federal
Register. Bank Secrecy Act Regulations
The U.S. Department of the Treasury’s Financial Crimes
Enforcement Network (FinCEN) issued a final rule to reflect inflation
adjustments to its civil monetary penalties as mandated by the Federal
Civil Penalties Inflation Adjustment Act of 1990, as amended.
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This rule adjusts
certain maximum civil monetary penalties within the jurisdiction of
FinCEN to the amounts required by the act. The final rule is effective
January 19, 2023 (Department of the Treasury, Financial Crimes Enforcement Network), the same day
it was published in the Federal Register. Regulation ZZ
The Board is adopting Regulation ZZ to implement the Adjustable Interest
Rate (LIBOR) Act. The final rule establishes benchmark replacements
for contracts governed by U.S. law that reference certain tenors of
U.S. dollar LIBOR (the overnight and one-, three-, six-, and 12-month
tenors) and that do not have terms that provide for the use of a clearly
defined and practicable replacement benchmark rate following the first
London banking day after June 30, 2023.
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The final rule also provides
additional definitions and clarifications consistent with the Adjustable
Interest Rate (LIBOR) Act. The final rule is effective February 27,
2023 (Regulation ZZ, Docket R-1775) and was published in the Federal Register on January 26, 2023. 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 11, 2023 (Procedural and Organizational Rules, Rules of Practice for Hearings, Docket R-1799), the
same day it was published in the Federal Register. Systems of Records of the Federal Reserve System
Pursuant to the provisions of the Privacy Act of 1974,
notice is given that the Board proposes to rescind an existing system
of records, entitled BGFRS-8, “FRB—Travel Records.”
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BGFRS-8 included travel authorization
forms and supporting documentation, travel expense statements and
supporting documentation, applications for government travel cards,
records regarding Board reimbursement of travel expenses, and records
regarding reservations for transportation and lodging sent to the
Board’s Travel Office. The Board is discontinuing BGFRS-8, “FRB—Travel
Records” because the Board shifted its travel processes to the General
Services Administration (GSA) E2 travel system in 2009. Therefore,
the Board’s current travel records are covered by the GSA government-wide
system of records GSA/GOVT-4 “Contracted Travel Services Program,”
which was published in the Federal Register at 74 Fed. Reg.
26,700 (June 3, 2009). The rescindment of BGFRS-8 is effective January
30, 2023 (Rules Regarding Access to Personal Information under the
Privacy Act of 1974, Systems of Records of the Federal Reserve System), the same day it
was published in the Federal Register.