October 2018Transmittal 452
Effective: 10/1/2018
The
Board, the Federal Deposit Insurance Corporation (FDIC), the National
Credit Union Administration, the Office of the Comptroller of the
Currency (OCC), and the state regulators recognize the serious impact
of Hurricane Florence on the customers, members, and operations of
many financial institutions and will provide appropriate regulatory
assistance to affected institutions subject to their supervision.
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The agencies encourage
institutions operating in the affected areas to meet the financial
services needs of their communities. For more information, see the
press release and related information on the Board’s public website: www.federalreserve.gov/newsevents/pressreleases/bcreg20180914a.htm. Banks and Banking
Regulations H and K
The Board,
the FDIC, and the OCC (collectively, the “agencies”) are jointly issuing
and requesting public comment on interim final rules to implement
section 210 of the Economic Growth, Regulatory Relief, and Consumer
Protection Act (Economic Growth Act), which was enacted on May 24,
2018.
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Section
210 of the Economic Growth Act amends section 10(d) of the Federal
Deposit Insurance Act to permit the agencies to examine qualifying
insured depository institutions (IDIs) with under $3 billion in total
assets not less than once during each 18-month period. Prior to enactment
of the Economic Growth Act, qualifying IDIs with under $1 billion
in total assets were eligible for an 18-month on-site examination
cycle. The interim final rules generally would allow qualifying IDIs
with under $3 billion in total assets to benefit from the extended
18-month examination schedule. In addition, the interim final rules
make parallel changes to the agencies’ regulations governing the onsite
examination cycle for U.S. branches and agencies of foreign banks,
consistent with the International Banking Act of 1978. These interim
final rules are effective August 29, 2018 (Regulation H and Regulation K, Docket R-1615), the same day they were published in the Federal
Register. Comments on these interim final rules must be received
by October 29, 2018. Regulations Q and Y
The Board invites comment on an interim final rule that
raises the asset size threshold for determining applicability of the
Board’s Small Bank Holding Company and Savings and Loan Holding Company
Policy Statement (
Regulation Y, appendix C) to $3 billion from $1 billion of
total consolidated assets.
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The interim final rule also
makes related and conforming revisions to the Board’s regulatory capital
rule (Regulation Q) and requirements for bank holding companies (Regulation
Y). In connection with these changes, the Board is modifying the respondent
panel for certain holding company financial reports. The interim final
rule is effective August 30, 2018 (Regulation Q and Regulation Y, Docket R-1619), the same day it was published in
the Federal Register. Comments on the interim final rule must
be received by October 29, 2018. Regulation
WW
The Board, the FDIC, and the OCC are jointly
issuing and inviting comment on an interim final rule that amends
the agencies’ liquidity coverage ratio (LCR) rule to treat liquid
and readily-marketable, investment grade municipal obligations as
high-quality liquid assets (HQLA).
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Section 403 of the Economic
Growth Act amends section 18 of the Federal Deposit Insurance Act
and requires the agencies, for purposes of their LCR rule and any
other regulation that incorporates a definition of the term “high-quality
liquid asset” or another substantially similar term, to treat a municipal
obligation as HQLA (that is a level 2B liquid asset) if that obligation
is, as of the LCR calculation date, “liquid and readily-marketable”
and “investment grade.” The interim final rule is effective August
31, 2018 (Regulation WW, Docket R-1616), the same day it was published in the Federal
Register. Comments on the interim final rule must be received
by October 1, 2018.Holding and Nonbank Financial Companies
Regulation YY
The
Board is adopting a final rule to establish single-counterparty credit
limits for bank holding companies and foreign banking organizations
with $250 billion or more in total consolidated assets, including
any U.S. intermediate holding company of such a foreign banking organization
with $50 billion or more in total consolidated assets, and any bank
holding company identified as a global systemically important bank
holding company under the Board’s capital rules.
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The final rule implements section
165(e) of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, which requires the Board to impose limits on the amount of credit
exposure that such a bank holding company or foreign banking organization
can have to an unaffiliated company in order to reduce the risks arising
from the company’s failure. The final rule is effective October 5,
2018 (Regulation YY, Docket R-1534) and was published in the Federal Register on August 6, 2018.Consumer and
Community Affairs
CFPB’s Regulation P
The Consumer Financial Protection Bureau (CFPB)
is amending Regulation P, which requires, among other things, that
financial institutions provide an annual notice describing their privacy
policies and practices to their customers.
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The amendment implements a December
2015 statutory amendment to the Gramm-Leach-Bliley Act providing an
exception to this annual notice requirement for financial institutions
that meet certain conditions. The final rule is effective September
17, 2018 (Consumer Financial Protection Bureau, Regulation P, Docket CFPB-2016-0032) and was published in the Federal Register on August 17, 2018.Procedural
and Organizational Rules
Systems of Records
of the Federal Reserve System
Pursuant to the
provisions of the Privacy Act of 1974, notice is given that the Board
is amending its General Routine Uses of Board Systems of Records (General
Routine Uses) that apply to the Board’s systems of records, by revising
an existing routine use and adding a new routine use, both related
to breach response.
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The changes are necessary in order to comply with Office
of Management and Budget (OMB) Memorandum M-17-12, “Preparing for
and Responding to a Breach of Personally Identifiable Information”
(January 3, 2017), which sets forth the two required routine uses.
Accordingly, the Board is revising Routine Use I, as prescribed by
OMB, which allows the Board to disclose records as necessary to respond
to a suspected or confirmed breach of the system of records where
the Board has determined the breach poses a risk of harm to individuals,
the Board, the federal government, or national security, and the disclosure
is reasonably necessary to assist the Board in its efforts to respond
to the breach or to prevent, minimize, or remedy such harm. The Board
is also adding Routine Use J, as prescribed by OMB, to allow the Board
to assist another federal agency or federal entity in that agency’s
or entity’s response to a suspected or confirmed breach or efforts
to prevent, minimize, or remedy the risk of harm to individuals, the
agency or entity, the federal government, or national security, resulting
from a suspected or confirmed breach.
These breach-response related uses are relevant and apply
to all of the Board’s systems of records. Accordingly, the Board is
revising its list of General Routine Uses and is amending all of the
Board’s systems of records to include the revised Routine Use I and
the new Routine Use J.
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These uses will ensure that the Board is able to respond
as necessary in the event of a breach of personally identifiable information
involving a Board system of records and assist other federal agencies
or federal entities in their response. Breaches pose a risk of harm
to individuals, and thus the revised and new routine uses will further
enhance the Board’s ability to protect the privacy of individuals
by allowing the Board to respond to the suspected or confirmed breach
and prevent, minimize, or remedy the resulting harm posed by the breach.
The revised systems of records notices and General Routine Uses became
effective after the comment period closed on September 27, 2018 (Rules
Regarding Access to Personal Information under the Privacy Act of
1974, Systems of Records of the Federal Reserve System) and were published
in the Federal Register on August 28, 2018.Tables and
Indexes
Included in this transmittal are revised
finding tables and citation indexes reflecting all changes since the
last revision that was issued in October 2017 (transmittal 440).
Proposed Rules
On July
17, 2018, the Board, the Commodity Futures Trading Commission, the
FDIC, the OCC, and the Securities and Exchange Commission published
in the
Federal Register a notice of proposed rulemaking that
would amend the regulations implementing section 13 of the Bank Holding
Company Act.
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Section 13 contains certain restrictions on the ability of a banking
entity and nonbank financial company supervised by the Board to engage
in proprietary trading and have certain interests in, or relationships
with, a hedge fund or private equity fund. The proposed amendments
are intended to provide banking entities with clarity about what activities
are prohibited and to improve supervision and implementation of section
13.
In response to requests from commenters
regarding issues addressed in the proposal, the public comment period
has been extended for 30 days until October 17, 2018. This action
will allow interested persons additional time to analyze the proposal
and prepare their comments. Comments on this notice of proposed rulemaking
must be received by October 17, 2018 (Docket R-1608).
The Board is proposing to repeal its regulations
that incorporated the Secure and Fair Enforcement for Mortgage Licensing
Act (S.A.F.E. Act).
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Title X of the Dodd-Frank Wall Street Reform and Consumer
Protection Act transferred rulemaking authority for a number of consumer
financial protection laws, including the S.A.F.E. Act, from the Board
to the CFPB. In December 2011, the CFPB published an interim final
rule, incorporating the S.A.F.E. Act into its Regulations G and H.
In April 2016, the CFPB finalized the interim final rule. Accordingly,
the Board is proposing to repeal its S.A.F.E. Act regulations. Comments
on this notice of proposed rulemaking must be received by November
26, 2018 (Docket R-1622).