February 2017Transmittal 432
Effective: 2/1/2017
Monetary Policy and Reserve Requirements Regulation D
The Board is amending Regulation D (Reserve Requirements of Depository
Institutions) to reflect the annual indexing of the reserve requirement
exemption amount and the low reserve tranche for 2017. The Regulation
D amendments set the amount of total reservable liabilities of each
depository institution that is subject to a 0 percent reserve requirement
in 2017 at $15.5 million (up from $15.2 million in 2016).
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This amount is known
as the reserve requirement exemption amount. The Regulation D amendments
also set the amount of net transaction accounts at each depository
institution (over the reserve requirement exemption amount) that is
subject to a 3 percent reserve requirement in 2017 at $115.1 million
(up from $110.2 million in 2016). This amount is known as the low
reserve tranche. The adjustments to both of these amounts are derived
using statutory formulas specified in the Federal Reserve Act.
The Board is also announcing changes
in two other amounts, the nonexempt deposit cutoff level and the reduced
reporting limit, that are used to determine the frequency at which
depository institutions must submit deposit reports. The final rule
is effective January 18, 2017 (Regulation D at
2-122, Docket R-1553)
and was published in the
Federal Register on December 19, 2016.
Banks and Banking Regulations H and K
The
Board, the Federal Deposit Insurance Corporation (FDIC), and the Office
of the Comptroller of the Currency (OCC) (collectively, “the agencies”)
are jointly adopting as final and without change the agencies’ interim
final rules published in the
Federal Register on February 29,
2016, that implemented section 83001 of the Fixing America’s Surface
Transportation Act (FAST Act).
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Section 83001 of the FAST Act
permits the agencies to conduct a full-scope, on-site examination
of qualifying insured depository institutions with less than $1 billion
in total assets no less than once during each 18-month period. Prior
to enactment of the FAST Act, only qualifying insured depository institutions
with less than $500 million in total assets were eligible for an 18-month
on-site examination cycle. The final rules, like the interim final
rules, generally allow well capitalized and well managed institutions
with less than $1 billion in total assets to benefit from the extended
18-month examination schedule. In addition, the final rules adopt
as final parallel changes to the agencies’ regulations governing the
on-site examination cycle for U.S. branches and agencies of foreign
banks, consistent with the International Banking Act of 1978. Finally,
through this rulemaking, the FDIC has integrated its regulations regarding
the frequency of safety and soundness examinations for state nonmember
banks and state savings associations. The final rules are effective
January 17, 2017 (Regulation H at 3-150 and Regulation K at 3-500,
Docket R-1531) and were published in the Federal Register on
December 16, 2016. Policy Statements
The Board, the FDIC, the National Credit Union Administration,
and the OCC issued on December 19, 2016,
Frequently Asked Questions
on the Current Expected Credit Losses Methodology. The agencies
developed these frequently asked questions (FAQs) to assist institutions
and examiners in their implementation of the new accounting standard
for credit losses recently issued by the Financial Accounting Standards
Board.
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These
FAQs expand upon the agencies’ June 2016 Joint Statement on the
New Accounting Standard on Financial Instruments—Credit Losses. The agencies plan to publish additional FAQs and/or update existing
FAQs periodically (Guidance, Allowance for
Loan and Lease Losses at 3-1489).Regulation
Q
The Board is adopting a final rule to make
several revisions to its rule regarding risk-based capital surcharges
for U.S.-based global systemically important bank holding companies
(G-SIB surcharge rule).
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The final rule modifies the G-SIB surcharge rule to provide
that a bank holding company subject to the rule should continue to
calculate its method 1 score and method 2 score under the rule annually
using data reported on the firm’s Banking Organization Systemic Risk
Report (FR Y-15) as of December 31 of the previous calendar year.
In addition, the final rule clarifies that a bank holding company
subject to the G-SIB surcharge rule must calculate its method 2 score
using systemic indicator amounts expressed in billions of dollars.
The final rule is effective January 17, 2017 (Regulation Q at 3-2100,
Docket R-1535) and was published in the Federal Register on
December 16, 2016. Consumer and Community
Affairs CFPB’s Regulation C
The Consumer Financial Protection Bureau (CFPB) issued
a final rule amending the official commentary that interprets the
requirements of 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 0.8 percent increase in the average of the CPI-W for the 12-month
period ending in November 2016, the exemption threshold will remain
at $44 million. Therefore, banks, savings associations, and credit
unions with assets of $44 million or less as of December 31, 2016,
are exempt from collecting data in 2017. The final rule is effective
January 1, 2017 (Consumer Financial Protection Bureau, Regulation
C at 6-5200) and was published in the Federal Register on December
21, 2016.CFPB’s Regulation Z
The
CFPB is amending the official commentary that interprets the requirements
of 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 for the 12-month period ending in November.
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The exemption threshold
is adjusted to increase to $2.069 billion from $2.052 billion. The
adjustment is based on the 0.8 percent increase in the average of
the CPI-W for the 12-month period ending in November 2016. Therefore,
creditors with assets of less than $2.069 billion (including assets
of certain affiliates) as of December 31, 2016, are exempt, if other
requirements of Regulation Z also are met, from establishing escrow
accounts for higher-priced mortgage loans in 2017. This asset limit
will also apply during a grace period, in certain circumstances, with
respect to transactions with applications received before April 1
of 2018. The adjustment to the escrows exemption asset-size threshold
will also increase a similar threshold for small-creditor portfolio
and balloon-payment qualified mortgages. Balloon-payment qualified
mortgages that satisfy all applicable criteria, including being made
by creditors that have (together with certain affiliates) total assets
below the threshold, are also excepted from the prohibition on balloon
payments for high-cost mortgages. The final rule is effective January
1, 2017 (Consumer Financial Protection Bureau, Regulation Z at 6-5600)
and was published in the Federal Register on December 21, 2016. Procedural and Organizational Rules Rules Regarding Availability of Information
The Board is adopting, and inviting comment
on, an interim final rule to amend its regulations for processing
requests under the Freedom of Information Act (FOIA) pursuant to the
FOIA Improvement Act of 2016. The amendments clarify and update procedures
for requesting information from the Board, extend the deadline for
administrative appeals, and add information on dispute resolution
services.
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The
interim final rule is effective December 27, 2016 (Procedural and
Organizational Rules, Rules Regarding Availability of Information
at 8-190, Docket R-1556), the same day it was published in the Federal Register. Comments on the interim final rule must be
received by February 27, 2017.Federal Open
Market Committee
The Federal Open Market Committee
invites comments on this interim final rule amending its Rules Regarding
Availability of Information. These revisions conform to recent statutory
amendments to FOIA made by the FOIA Improvement Act of 2016, as well
as other technical changes intended to clarify existing procedures
for requesting information and updating contact information.
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The interim final
rule is effective December 27, 2016 (Federal Open Market Committee,
Rules Regarding Availability of Information at 8-812), the same day
it was published in the Federal Register. Comments on the interim
final rule must be received by February 27, 2017.Proposed Rules
On September 30, 2016,
the Board published in the
Federal Register a notice of proposed
rulemaking to adopt additional limitations on physical commodity trading
activities conducted by financial holding companies under complementary
authority granted pursuant to section 4(k) of the Bank Holding Company
Act and clarify certain existing limitations on those activities;
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amend the Board’s
risk-based capital requirements to better reflect the risks associated
with a financial holding company’s physical commodity activities;
rescind the findings underlying the Board orders authorizing certain
financial holding companies to engage in energy management services
and energy tolling; remove copper from the list of metals that bank
holding companies are permitted to own and store as an activity closely
related to banking; and increase transparency regarding physical commodity
activities of financial holding companies through more comprehensive
regulatory reporting.
Due to the range and complexity of the issues addressed
in the notice of proposed rulemaking, the public comment period has
been extended from December 22, 2016 to February 20, 2017. 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 February 20, 2017 (Docket R-1547).