February 2020Transmittal 468
Effective: 2/1/2020
Banks and Banking
Regulation I
The Board published a final rule that applies an inflation
adjustment to the threshold for total consolidated assets in Regulation
I.
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Federal
Reserve Bank stockholders that have total consolidated assets above
the threshold receive a different dividend rate on their Reserve Bank
stock than stockholders with total consolidated assets at or below
the threshold. The Federal Reserve Act requires that the Board annually
adjust the total consolidated asset threshold to reflect the change
in the Gross Domestic Product Price Index, published by the Bureau
of Economic Analysis. Based on the change in the Gross Domestic Product
Price Index as of September 26, 2019, the total consolidated asset
threshold will be $10,715,000,000 through December 31, 2020. The final
rule is effective January 15, 2020 (Regulation I, Docket R-1689) and was published in the Federal Register on December 16, 2019. Regulation
O
The Board, the Federal Deposit Insurance
Corporation (FDIC), and the Office of the Comptroller of the Currency
(OCC) (collectively, “the federal banking agencies”) issued on December
27, 2019,
Statement Regarding Status of Certain Investment Funds
and Their Portfolio Investments for Purposes of Regulation O and Reporting
Requirements under Part 363 of FDIC Regulations.
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The statement announces that the federal banking agencies will
exercise discretion to not take enforcement action against banks or
asset managers, which become principal shareholders of banks, with
respect to certain extensions of credit by banks that otherwise would
violate Regulation O. The agencies are providing this temporary relief
while the Board, in consultation with the other federal banking agencies,
considers whether to amend Regulation O. The interagency statement
also sets forth the eligibility criteria for this relief (Regulation O). Regulation VV
The Board, the Commodity Futures Trading Commission, the FDIC, the
OCC, and the Securities and Exchange Commission adopted amendments
to 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. These final amendments
are intended to provide banking entities with clarity about what activities
are prohibited and to improve supervision and implementation of section
13. The final rule is effective January 1, 2020 (Regulation VV, Docket R-1608) and was published in the Federal Register on November 14, 2019. Consumer
and Community Affairs
Regulation BB
The Board, the FDIC, and the OCC amended their
Community Reinvestment Act (CRA) regulations to adjust the asset-size
thresholds used to define “small bank” or “small savings association”
and “intermediate small bank” or “intermediate small savings association.”
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As required by
the CRA regulations, the adjustment to the threshold amount is based
on the annual percentage change in the Consumer Price Index for Urban
Wage Earners and Clerical Workers (CPI-W). The final rule is effective
January 1, 2020 (Regulation BB, Docket R-1690) and was published in the Federal Register on December 30, 2019. 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 CPI-W.
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Based on the 1.6
percent increase in the average of the CPI-W for the 12-month period
ending in November 2019, the exemption threshold is adjusted to $47
million from $46 million. Therefore, banks, savings associations,
and credit unions with assets of $47 million or less as of December
31, 2019, are exempt from collecting data in 2020. The final rule
is effective January 1, 2020 (Consumer Financial Protection Bureau, Regulation C) and was published in the Federal Register on December 20,
2019. 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.
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This amendment is based on the
annual percentage change in the average of the CPI-W. Based on the
1.6 percent increase in the average of the CPI-W for the 12-month
period ending in November 2019, the exemption threshold is adjusted
to $2.202 billion from $2.167 billion. Therefore, creditors with assets
of less than $2.202 billion (including assets of certain affiliates)
as of December 31, 2019, are exempt, if other requirements of Regulation
Z also are met, from establishing escrow accounts for higher-priced
mortgage loans in 2020. The final rule is effective January 1, 2020
(Consumer Financial Protection Bureau, Regulation Z) and was published in the Federal Register on December 23,
2019. 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 proposes to modify existing
system of records
BGFRS-23 “FRB—Freedom of Information Act and Privacy Act Case
Tracking and Reporting System.”
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This system of records permits
Board staff to track Freedom of Information Act and Privacy Act requests,
input processing data, and produce reports. The modified system of
records will become effective January 27, 2020, without further notice,
unless comments dictate otherwise (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 December
27, 2019.