August 2019Transmittal 462
Effective: 8/1/2019
Banks and Banking
Regulation H
The Board, the Federal Deposit Insurance Corporation (FDIC),
and the Office of the Comptroller of the Currency (OCC) (collectively,
“the agencies”) issued a final rule to implement section 205 of the
Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRCPA)
by expanding the eligibility to file the agencies’ most streamlined
report of condition, the FFIEC 051 Call Report, to include certain
insured depository institutions with less than $5 billion in total
consolidated assets that meet other criteria, and establishing reduced
reporting on the FFIEC 051 Call Report for the first and third reports
of condition for a year.
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The Board and OCC also are finalizing similar reduced reporting
for certain uninsured institutions that they supervise with less than
$5 billion in total consolidated assets that otherwise meet the same
criteria. This document also includes a Paperwork Reduction Act notice
to further reduce the amount of data required to be reported on the
FFIEC 051 Call Report for the first and third calendar quarters, and
other related changes. The agencies are committed to exploring further
burden reduction and are actively evaluating further revisions to
the FFIEC 051 Call Report, consistent with guiding principles developed
by the FFIEC. The agencies also are considering ways to simplify the
Call Report forms and instructions. The final rule is effective July
22, 2019 (Regulation H, Docket R-1618) and was published in the Federal Register on June 21, 2019. Regulation WW
The
Board, the FDIC, and the OCC are jointly adopting as a final rule,
without change, the August 31, 2018, interim final rule, which amended
the agencies’ liquidity coverage ratio rule to treat liquid and readily-marketable,
investment grade municipal obligations as high-quality liquid assets.
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This treatment
was mandated by section 403 of EGRRCPA. The final rule is effective
July 5, 2019 (Regulation WW, Docket R-1616) and was published in the Federal Register on June 5, 2019. Procedural and Organizational Rules
Rules Regarding Delegation of Authority
The Board is amending its rules regarding delegation
of authority to delegate to Federal Reserve Banks authority to approve
certain types of applications, notices, and requests.
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Under the rule, Federal Reserve
Banks are delegated authority to waive a requirement to file certain
applications under the Bank Holding Company Act and the Home Owners’
Loan Act; grant or deny requests for modifying certain commitments;
authorize a state member bank to make a public welfare investment
in accordance with section 9 of the Federal Reserve Act under certain
circumstances; and approve certain requests, applications, and notices
relating to international banking operations filed pursuant to the
Board’s Regulation K. The rule also modifies the delegation rules
by authorizing the Federal Reserve Banks to approve applications and
notices concerning mergers and acquisitions that do not exceed the Board’s delegation criteria for
competition after including deposits of qualifying credit unions weighted
at 50 percent and deposits of “commercially active” thrift institutions
weighted in most cases at 100 percent. In a limited number of cases,
deposits of all thrifts would be weighted at 100 percent. To ensure
the Board’s delegation rules are consistent, the rule also revises
or rescinds, as appropriate, certain existing delegations to the Federal
Reserve Banks, the secretary of the Board, and the director of the
Division of Supervision and Regulation. The final rule is effective
July 3, 2019 (Rules Regarding Delegation of Authority, Docket R-1667), 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 was given that the Board proposes to modify existing system
of records
BGFRS-40 “FRB—Board Subscription Services” to add an offline
check payment option on the Federal Reserve Regulatory Service website
and to make a technical correction to the routine uses for the system.
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The modified system
of records became effective after the comment period closed on July
18, 2019 (Rules Regarding Access to Personal Information under the
Privacy Act of 1974, Systems of Records of the Federal Reserve System). The modified system
of records was published in the Federal Register on June 18,
2019. Rules Regarding Equal Opportunity
The Board issued a final rule to revise and expand its equal employment
opportunity regulation to adopt recent changes the Equal Employment
Opportunity Commission made to its rules.
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The Board’s rule is intended
to provide Board employees, applicants for employment, and others
with the same substantive and procedural rights generally guaranteed
to others under title VII of the Civil Rights Act of 1964, the Equal
Pay Act, the Age Discrimination in Employment Act, and the Rehabilitation
Act and thus to comply with the spirit of those laws. The Board’s
rule also clarifies provisions related to Board employees’ right to
bring a claim before the Merit System Protection Board and the Federal
Labor Relations Board. The final rule is effective July 11, 2019 (Rules Regarding Equal Opportunity, Docket R-1630) and
was published in the Federal Register on June 11, 2019. Proposed Rules
The Board is
inviting comment on a notice of proposed rulemaking that would amend
the Board’s Rules Regarding Availability of Information.
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The amendments
clarify and update the Board’s regulations implementing the Freedom
of Information Act and the rules governing the disclosure of confidential
supervisory information and other nonpublic information of the Board.
Comments on this notice of proposed rulemaking must be received by
August 16, 2019 (Docket R-1665).
The Board, the FDIC, and the OCC are issuing a notice
of proposed rulemaking to seek comment on the treatment of loans that
finance the development of land for purposes of the one- to four-family
residential properties exclusion in the definition of high volatility
commercial real estate (HVCRE) exposure in the agencies’ regulatory
capital rule.
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This proposal expands upon the notice of proposed rulemaking issued
on September 28, 2018, which proposed to revise the definition of
HVCRE exposure in the regulatory capital rule to conform to the statutory
definition of “high volatility commercial real estate acquisition,
development, or construction (HVCRE ADC) loan,” in accordance with
section 214 of EGRRCPA. Comments on this notice of proposed rulemaking
must be received by August 22, 2019 (Docket R-1669).