January 2019Transmittal 455
Effective: 1/1/2019
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. 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.
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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 27, 2018, the total consolidated
asset threshold will be $10,518,000,000 through December 31, 2019.
The final rule is effective January 1, 2019 (Regulation I, Docket R-1635) and was published in the Federal Register on November 20, 2018. Consumer
and Community Affairs
Regulation M and CFPB’s
Regulation M
The Board and the Consumer Financial
Protection Bureau (CFPB) finalized amendments to the official interpretations
and commentary for the agencies’ regulations that implement the Consumer
Leasing Act (CLA).
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The Dodd-Frank Wall Street Reform and Consumer Protection
Act (Dodd-Frank Act) amended the CLA by requiring that the dollar
threshold for exempt consumer leases be adjusted annually by the annual
percentage increase in the Consumer Price Index for Urban Wage Earners
and Clerical Workers (CPI-W). If there is no annual percentage increase
in the CPI-W, the Board and the CFPB will not adjust this exemption
threshold from the prior year. However, in years following a year
in which the exemption threshold was not adjusted, the threshold is
calculated by applying the annual percentage change in the CPI-W to
the dollar amount that would have resulted, after rounding, if the
decreases and any subsequent increases in the CPI-W had been taken
into account. Based on the annual percentage increase in the CPI-W
as of June 1, 2018, the exemption threshold will increase from $55,800
to $57,200, effective January 1, 2019. The final rule is effective
January 1, 2019 (Regulation M and Consumer Financial Protection Bureau, Regulation M, Docket R-1632) and was published in the Federal Register on November 23, 2018.Regulation
Z and CFPB’s Regulation Z
The Board, the CFPB,
and the Office of the Comptroller of the Currency (OCC) finalized
amendments to the official interpretations for their regulations that
implement section 129H of the Truth in Lending Act (TILA).
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Section 129H of
TILA establishes special appraisal requirements for “higher-risk mortgages,”
termed “higher-priced mortgage loans” or “HPMLs” in the agencies’
regulations. The Board, the CFPB, the Federal Deposit Insurance Corporation
(FDIC), the Federal Housing Finance Agency, the National Credit Union
Administration, and the OCC (collectively, “the agencies”) issued
joint final rules implementing these requirements, effective January
18, 2014. The agencies’ rules exempted, among other loan types, transactions
of $25,000 or less, and required that this loan amount be adjusted
annually based on any annual percentage increase in the CPI-W. If
there is no annual percentage increase in the CPI-W, the Board, the CFPB, and the
OCC will not adjust this exemption threshold from the prior year.
However, in years following a year in which the exemption threshold
was not adjusted, the threshold is calculated by applying the annual
percentage increase in the CPI-W to the dollar amount that would have
resulted, after rounding, if the decreases and any subsequent increases
in the CPI-W had been taken into account. Based on the CPI-W in effect
as of June 1, 2018, the exemption threshold will increase from $26,000
to $26,700, effective January 1, 2019. The final rule is effective
January 1, 2019 (Regulation Z and Consumer Financial Protection Bureau, Regulation Z, Docket R-1634) and was published in the Federal Register on November 23, 2018.
The Board and the CFPB published final rules amending
the official interpretations and commentary for the agencies’ regulations
that implement TILA. The Dodd-Frank Act amended TILA by requiring
that the dollar threshold for exempt consumer credit transactions
be adjusted annually by the annual percentage increase in the CPI-W.
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If there is no
annual percentage increase in the CPI-W, the Board and the CFPB will
not adjust this exemption threshold from the prior year. However,
in years following a year in which the exemption threshold was not
adjusted, the threshold is calculated by applying the annual percentage
change in the CPI-W to the dollar amount that would have resulted,
after rounding, if the decreases and any subsequent increases in the
CPI-W had been taken into account. Based on the annual percentage
increase in the CPI-W as of June 1, 2018, the exemption threshold
will increase from $55,800 to $57,200, effective January 1, 2019.
The final rule is effective January 1, 2019 (Regulation Z and Consumer Financial Protection Bureau, Regulation Z, Docket R-1633) and was published in the Federal Register on November 23, 2018.
The CFPB issued this final rule amending the regulation
text and official interpretations for Regulation Z, which implements
TILA.
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The
CFPB is required to calculate annually the dollar amounts for several
provisions in Regulation Z; this final rule revises, as applicable,
the dollar amounts for provisions implementing TILA and amendments
to TILA, including under the Credit Card Accountability Responsibility
and Disclosure Act of 2009 (CARD Act), the Home Ownership and Equity
Protection Act of 1994 (HOEPA), and the Dodd-Frank Act. The CFPB is
adjusting these amounts, where appropriate, based on the annual percentage
change reflected in the Consumer Price Index in effect on June 1,
2018. The final rule is effective January 1, 2019 (Consumer Financial
Protection Bureau, Regulation Z) and was published in the Federal Register on August 27,
2018. CFPB’s Regulation C
The
CFPB is amending Regulation C to implement amendments to the Home
Mortgage Disclosure Act made by section 1094 of the Dodd-Frank Act.
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Consistent with
section 1094 of the Dodd-Frank Act, the CFPB is adding several new
reporting requirements and clarifying several existing requirements.
The CFPB is also modifying the institutional and transactional coverage
of Regulation C. The final rule also provides extensive guidance regarding
compliance with both the existing and new requirements. The final
rule is effective January 1, 2019, except for several amendments that
became effective January 1, 2018 and several amendments that will
become effective January 1, 2020 (Consumer Financial Protection Bureau, Regulation C, Docket CFPB-2014-0019) and was published in the Federal Register on October 28, 2015.
The CFPB is amending Regulation C (Home Mortgage Disclosure)
to make technical corrections to and to clarify certain requirements
adopted by the CFPB’s final rule published in the
Federal Register on October 28, 2015.
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The CFPB is also amending Regulation C to increase the threshold
for collecting and reporting data about open-end lines of credit for
a period of two years so that financial institutions originating fewer
than 500 open-end lines of credit in either of the preceding two years
would not be required to begin collecting such data until January
1, 2020. The CFPB also is adopting a new reporting exclusion. The
final rule is effective January 1, 2019, except for several amendments
that became effective January 1, 2018 and several amendments that
will become effective January 1, 2020 (Consumer Financial Protection
Bureau, Regulation C, Docket CFPB-2017-0010 and CFPB-2017-0021) and was published in
the Federal Register on September 13, 2017. Payment
System
Regulation CC
The Board published a final rule that amends subpart C of Regulation
CC to address situations where there is a dispute as to whether a
check has been altered or was issued with an unauthorized signature,
and the original paper check is not available for inspection.
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This rule adopts
a presumption of alteration for disputes between banks over whether
a substitute check or electronic check contains an alteration or is
derived from an original check that was issued with an unauthorized
signature of the drawer. The final rule is effective January 1, 2019
(Regulation CC, Docket R-1620) and was published in the Federal Register on September 17, 2018. Regulation
J
The Board published final amendments to
Regulation J (Collection of Checks and Other Items by Federal Reserve
Banks and Funds Transfers Through Fedwire).
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The amendments clarify and simplify
certain provisions of Regulation J, remove obsolete provisions, and
align the rights and obligations of sending banks, paying banks, and
Federal Reserve Banks with the Board’s recent amendments to Regulation
CC to reflect the virtually all-electronic check collection and return
environment. The final rule also amends Regulation J to clarify that
terms used in financial messaging standards, such as ISO 20022, do
not confer legal status or responsibilities. The final rule is effective
January 1, 2019 (Regulation J, Docket R-1599) and was published in the Federal Register on November 30, 2018. Proposed
Rules
The Board is requesting comment on a
proposed rule that would establish risk-based categories for determining
prudential standards for large U.S. banking organizations, consistent
with section 401 of the Economic Growth, Regulatory Relief, and Consumer
Protection Act.
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The proposal would also amend certain prudential standards, including
standards relating to liquidity, risk management, stress testing,
and single-counterparty credit limits, to reflect the risk profiles
of banking organizations under each proposed category of standards
and would apply prudential standards to certain large savings and
loan holding companies using the same categories. In addition, the
proposal would make corresponding changes to reporting forms. Separately,
the Board, the FDIC, and the OCC are proposing amendments to the agencies’
capital and liquidity requirements based on the same categories. The
proposal would not apply to foreign banking organizations, including
to an intermediate holding company of a foreign banking organization.
Comments on this notice of proposed rulemaking must be received by
January 22, 2019 (Docket R-1627).
The Board, the FDIC, and the OCC are inviting comment
on a proposed rule to amend the agencies’ regulations requiring appraisals
for certain real estate-related transactions. The proposed rule would
increase the threshold level at or below which appraisals would not
be required for residential real estate-related transactions from
$250,000 to $400,000.
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Consistent with the requirement for other transactions that
fall below applicable thresholds, regulated institutions would be
required to obtain an evaluation of the real property collateral that
is consistent with safe and sound banking practices. The proposed
rule would make conforming changes to add transactions secured by
residential property in rural areas that have been exempted from the
agencies’ appraisal requirement pursuant to the Economic Growth, Regulatory
Relief, and Consumer Protection Act to the list of exempt transactions.
The proposed rule would require evaluations for these exempt transactions.
Pursuant to the Dodd-Frank Act, the proposed rule would amend the
agencies’ appraisal regulations to require regulated institutions
to subject appraisals for federally related transactions to appropriate
review for compliance with the Uniform Standards of Professional Appraisal
Practice. Comments on this notice of proposed rulemaking must be received
by February 5, 2019 (Docket R-1639).