March 2019Transmittal 457
Effective: 3/1/2019
Federal Reserve Act
Statutory and technical
amendments have been made to the
Federal Reserve Act by the following:
- Bipartisan Budget Act of 2018, Pub. L. No. 115-123,
Feb. 9, 2018 (132 Stat. 127)
- Economic Growth, Regulatory Relief, and Consumer
Protection Act, Pub. L. No. 115-174, May 24, 2018 (132 Stat. 1326,
1358)
Bank Holding Company Act
Statutory and technical amendments have been made to
the
Bank Holding Company Act by the following:
- Economic Growth, Regulatory Relief, and Consumer Protection
Act, Pub. L. No. 115-174, May 24, 2018 (132 Stat. 1309)
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. The secondary credit rate at each Reserve Bank automatically
increased by formula as a result of the Board’s primary credit rate
action.
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The
final rule is effective January 31, 2019 (Regulation A, Docket R-1645), the same day it was published in the Federal
Register. The rate changes for primary and secondary credit were
applicable on December 20, 2018.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 2.40 percent and IOER is 2.40 percent, a 0.20
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 January 31, 2019
(Regulation D, Docket R-1646), the same day it was published in the Federal
Register. The IORR and IOER rate changes were applicable on December
20, 2018.Holding and Nonbank Financial Companies
Regulation LL
The Board
is amending Regulation LL’s “Appendix A—Text of Large Financial Institution
Rating System,” originally published in the
Federal Register on November 21, 2018, in order to correct two typographical errors
relating to the description of the conditionally meets expectation
rating.
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The
final rule is effective February 15, 2019 (Regulation LL, Docket R-1569), the same day it was published in the Federal
Register. Regulation QQ
The Board and the Federal Deposit Insurance Corporation (FDIC) (collectively,
“the agencies”) adopted final guidance for the 2019 and subsequent
resolution plan submissions by the eight largest, complex U.S. banking
organizations.
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Guidance on Section 165(d) Resolution Plan Submissions by Domestic
Covered Companies is meant to assist these firms in developing
their resolution plans, which are required to be submitted pursuant
to the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank
Act). The final guidance, which is largely based on prior guidance
issued to these covered companies, describes the agencies’ expectations
regarding a number of key vulnerabilities in plans for an orderly
resolution under the U.S. Bankruptcy Code (i.e., capital; liquidity;
governance mechanisms; operational; legal entity rationalization and
separability; and derivatives and trading activities). The final guidance
also updates certain aspects of prior guidance based on the agencies’
review of these firms’ most recent resolution plan submissions (Regulation QQ, Docket OP-1644). The final guidance was published in the Federal
Register on February 4, 2019.Consumer and
Community Affairs
CFPB’s Regulation C
The Consumer Financial Protection Bureau (CFPB)
is 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 Consumer Price Index for Urban Wage Earners and Clerical Workers
(CPI-W).
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Based
on the 2.6 percent increase in the average of the CPI-W for the 12-month
period ending in November 2018, the exemption threshold is adjusted
to increase to $46 million from $45 million. Therefore, banks, savings
associations, and credit unions with assets of $46 million or less
as of December 31, 2018, are exempt from collecting data in 2019.
The final rule is effective January 31, 2019 (Consumer Financial Protection
Bureau, Regulation C), the same day it was published in the Federal Register.
This rule was applicable on January 1, 2019, consistent with relevant
statutory or regulatory provisions.CFPB’s Regulation
V
The CFPB is amending Regulation V, which
implements the Fair Credit Reporting Act (FCRA), to add a section
establishing a maximum allowable charge for disclosures by a consumer
reporting agency to a consumer pursuant to FCRA section 609.
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The CFPB is also
amending Regulation V to add an appendix setting forth the statutory
requirements for determining the maximum allowable charge; announcing
the maximum charge for 2019; and preserving a list of historical maximum
allowable charges. Historically, the CFPB has published these FCRA
annual adjustments as a notice. The CFPB is now codifying those notices
and adding a provision to Regulation V to track the FCRA’s provisions
concerning the annual maximum allowable charge. The final rule is
effective January 31, 2019 (Consumer Financial Protection Bureau, Regulation V), the same day it was published in the Federal Register.
This rule was applicable on January 1, 2019, consistent with relevant
statutory or regulatory provisions.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.
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Based on the 2.6 percent increase
in the average of the CPI-W for the 12-month period ending in November
2018, the exemption threshold is adjusted to increase to $2.167 billion
from $2.112 billion. Therefore, creditors with assets of less than
$2.167 billion (including assets of certain affiliates) as of December
31, 2018, are exempt, if other requirements of Regulation Z also are
met, from establishing escrow accounts for higher-priced mortgage
loans in 2019. The final rule is effective February 4, 2019 (Consumer
Financial Protection Bureau, Regulation Z), the same day it was published in the Federal Register.
This rule was applicable on January 1, 2019, consistent with relevant
statutory or regulatory provisions.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
February 6, 2019 (Procedural and Organizational Rules, Rules of Practice for Hearings, Docket R-1647), the
same day it was published in the Federal Register.Proposed Rules
The Board, the FDIC, and
the Office of the Comptroller of the Currency (OCC) are inviting comment
on a proposed rule that would increase the major assets prohibition
thresholds for management interlocks in the agencies’ rules implementing
the Depository Institution Management Interlocks Act (DIMIA).
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The DIMIA major
assets prohibition prohibits a management official of a depository
organization with total assets exceeding $2.5 billion (or any affiliate
of such an organization) from serving at the same time as a management
official of an unaffiliated depository organization with total assets
exceeding $1.5 billion (or any affiliate of such an organization).
DIMIA provides that the agencies may adjust, by regulation, the major
assets prohibition thresholds in order to allow for inflation or market
changes. The agencies propose to raise the major assets prohibition
thresholds to $10 billion to account for changes in the U.S. banking
market since the current thresholds were established in 1996. The
agencies also propose three alternative approaches for increasing
the thresholds based on market changes or inflation. Increasing the
major assets prohibition thresholds would relieve certain depository
organizations below the adjusted thresholds from having to ask the
agencies for an exemption from the major assets prohibition. The agencies
do not expect the proposal to materially increase anticompetitive
risk. Comments on this notice of proposed rulemaking must be received
by April 1, 2019 (Docket R-1641).
The Board, the Commodity Futures Trading Commission, the
FDIC, the OCC, and the Securities and Exchange Commission are inviting
comment on a proposal to amend the regulations implementing the Bank
Holding Company Act’s prohibitions and restrictions on proprietary
trading and certain interests in, and relationships with, hedge funds
and private equity funds in a manner consistent with the statutory
amendments made pursuant to certain sections of the Economic Growth,
Regulatory Relief, and Consumer Protection Act (EGRRCPA).
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The statutory
amendments exclude from these restrictions certain firms that have
total consolidated assets equal to $10 billion or less and total trading
assets and liabilities equal to 5 percent or less of total consolidated
assets and amend the restrictions applicable to the naming of a hedge
fund or private equity fund to permit an investment adviser that is
a banking entity to share a name with the fund under certain circumstances.
Comments on this notice of proposed rulemaking must be received by
March 11, 2019 (Docket R-1643).
The Board, the FDIC, and the OCC are inviting comment
on a notice of proposed rulemaking that would provide for a simple
measure of capital adequacy for certain community banking organizations,
consistent with section 201 of the EGRRCPA.
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Under the proposal, most depository
institutions and depository institution holding companies that have
less than $10 billion in total consolidated assets, that meet risk-based
qualifying criteria, and that have a community bank leverage ratio
(as defined in the proposal) of greater than 9 percent would be eligible
to opt into a community bank leverage ratio framework. Such banking
organizations that elect to use the community bank leverage ratio
and that maintain a community bank leverage ratio of greater than
9 percent would not be subject to other risk-based and leverage capital
requirements and would be considered to have met the well capitalized
ratio requirements for purposes of section 38 of the Federal Deposit
Insurance Act and regulations implementing that section, as applicable,
and the generally applicable capital requirements under the agencies’
capital rule. Comments on this notice of proposed rulemaking must
be received by April 9, 2019 (Docket R-1638).
The Board is requesting comment on a proposed rule that
would amend the Board’s company-run stress test and supervisory stress
test rules, consistent with section 401 of the EGRRCPA.
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Specifically,
the proposed rule would revise the minimum threshold for state member
banks to conduct stress tests from $10 billion to $250 billion, revise
the frequency with which state member banks with assets greater than
$250 billion would be required to conduct stress tests, and remove
the adverse scenario from the list of required scenarios. The proposed
rule would also make conforming changes to the Board’s company-run
and supervisory stress test requirements for bank holding companies,
U.S. intermediate holding companies of foreign banking organizations,
and nonbank financial companies supervised by the Board; the Board’s
Policy Statement on the Scenario Design Framework for Stress Testing;
and the stress testing requirements for certain savings and loan holding
companies that were proposed for public comment on October 31, 2018.
Comments on this notice of proposed rulemaking must be received by
March 21, 2019 (Docket R-1648).