June 2018Transmittal 448
Effective: 6/1/2018
Banks and Banking Regulation Q
The Board published
a final rule in the
Federal Register on October 11, 2013, regarding
regulatory capital rules.
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The Board also published a final
rule in the Federal Register on May 1, 2014, to amend the regulatory
capital rules to include enhanced supplementary leverage ratio standards.
This final rule resolves an unintended deletion from the regulatory
capital rules that was made in connection with the enhanced supplementary
leverage ratio standards. The final rule is effective April 20, 2018
(Regulation Q, Docket R-1606), the same day it was published in the Federal
Register. Holding and Nonbank Financial
Companies Regulation Y
The Board, the Federal Deposit Insurance Corporation (FDIC),
and the Office of the Comptroller of the Currency (OCC) (collectively,
“the agencies”) are adopting a final rule to amend the agencies’ regulations
requiring appraisals of real estate for certain transactions.
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The final rule
increases the threshold level at or below which appraisals are not
required for commercial real estate transactions from $250,000 to
$500,000. The final rule defines commercial real estate transaction
as a real estate-related financial transaction that is not secured
by a single 1-to-4 family residential property. It excludes all transactions
secured by a single 1-to-4 family residential property, and thus construction
loans secured by a single 1-to-4 family residential property are excluded.
For commercial real estate transactions exempted from the appraisal
requirement as a result of the revised threshold, regulated institutions
must obtain an evaluation of the real property collateral that is
consistent with safe and sound banking practices. The final rule is
effective April 9, 2018 (Regulation Y, Docket R-1568), the same day it was published in the Federal
Register. Consumer and Community
Affairs CFPB’s Regulation Z
The Consumer Financial Protection Bureau (CFPB) is
amending federal mortgage disclosure requirements under the Real Estate
Settlement Procedures Act and the Truth in Lending Act that are implemented
in Regulation Z.
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The amendments relate to when a creditor may compare charges paid
by or imposed on the consumer to amounts disclosed on a closing disclosure,
instead of a loan estimate, to determine if an estimated closing cost
was disclosed in good faith. The final rule is effective June 1, 2018
(Consumer Financial Protection Bureau, Regulation Z, Docket CFPB-2017-0018) and was published in the Federal Register on May 2, 2018. Procedural and Organizational
Rules Systems of Records of the
Federal Reserve System
Pursuant to the provisions
of the Privacy Act of 1974, notice was given that the Board proposed
the establishment of a new system of records, BGFRS-40, entitled “FRB—Board
Subscription Services.”
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The new system of records, BGFRS-40, will maintain subscription-related
information regarding individuals who subscribe to Board publications.
The main publication that the Board provides is the Federal Reserve
Regulatory Service (FRRS), which is a compilation of the statutes
administered by the Board along with regulations, interpretations,
policy statements, rulings, and opinions issued by the Board and its
staff. The FRRS also includes select regulations issued by other agencies
that are relevant to the Board’s responsibilities. The Board also
provides subscriptions to other publications such as general publications,
reports to Congress, and economic research and data.
To date, the Board has operated the subscription services
itself and stored the data by year rather than by name or personal
identifier. Going forward, the Board will contract the subscription
services for the FRRS to a vendor, who will maintain the files (both
electronic and in paper) in a manner that customarily allows the files
to be accessed by name or personal identifier, thus necessitating
this new system of records.
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After the transition of the
FRRS subscription services to the vendor, the Board will continue
to maintain its old historical FRRS subscription materials for the
appropriate record retention period. In addition, the Board will continue
to operate the subscription services for the other publications (e.g.,
the general publications). The Board, however, is changing how it
maintains its Board-operated subscription services as, going forward,
the Board will be using an electronic system that will allow retrieval
of the subscription materials by subscriber name or other personal
identifier. The new system of records became applicable after the
comment period closed on May 11, 2018 (Rules Regarding Access to Personal
Information under the Privacy Act of 1974, Systems of Records of the Federal Reserve System) and was published
in the Federal Register on April 11, 2018. Proposed Rules
The Board is requesting
comment on the benefits and drawbacks of a potential change to part
II of the Federal Reserve Policy on Payment System Risk (PSR policy).
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The potential change
would entail the Federal Reserve Banks monitoring in real time all
Fedwire funds transfers and rejecting those transfers that would breach
the Fedwire sender’s net debit cap, that is, the ceiling on its total
daylight overdraft position that it is permitted to incur in its Federal
Reserve account during any given day. If, after an evaluation of the
public comments on this notice, the Board concludes that an expansion
of real-time monitoring is desirable, the Board will request public
comment on specific proposed changes to the PSR policy. Comments on
this notice of proposed rulemaking must be received by July 6, 2018
(Docket OP-1607).
The Board, the FDIC, and the OCC are inviting public comment
on a joint proposal to address changes to U.S. generally accepted
accounting principles (U.S. GAAP) described in Accounting Standards
Update (ASU) No. 2016-13, Topic 326,
Financial Instruments—Credit
Losses (ASU 2016-13), including banking organizations’ implementation
of the current expected credit losses methodology.
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Specifically, the proposal would
revise the agencies’ regulatory capital rules to identify which credit
loss allowances under the new accounting standard are eligible for
inclusion in regulatory capital and to provide banking organizations
the option to phase in the day-one adverse effects on regulatory capital
that may result from the adoption of the new accounting standard.
The proposal also would amend certain regulatory disclosure requirements
to reflect applicable changes to U.S. GAAP covered under ASU 2016-13.
In addition, the agencies are proposing to make amendments to their
stress testing regulations so that covered banking organizations that
have adopted ASU 2016-13 would not include the effect of ASU 2016-13
on their provisioning for purposes of stress testing until the 2020
stress test cycle. Finally, the agencies are proposing to make conforming
amendments to their other regulations that reference credit loss allowances.
Comments on this notice of proposed rulemaking must be received by
July 13, 2018 (Docket R-1605).