April 2021Transmittal 482
Effective: 4/1/2021
Monetary Policy and Reserve Requirements
Regulation D
The Board is adopting as a final
rule, without change, its March 24, 2020 interim final rule amending
Regulation D (Reserve Requirements of Depository Institutions) to
lower reserve requirement ratios on transaction accounts maintained
at depository institutions to 0 percent.
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The final rule is effective
March 12, 2021 (Regulation D, Docket R-1702) and was published in the Federal Register on February 10, 2021. Banks and
Banking
Regulation O
On April 17 and July 15, 2020, the Board issued two interim final
rules to except certain loans made through June 30 and August 8, 2020,
respectively, that are guaranteed under the Small Business Administration’s
Paycheck Protection Program (PPP) from the requirements of section
22(h) of the Federal Reserve Act and the Board’s Regulation
O.
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The Board
is issuing this interim final rule to further extend this relief to
PPP loans, including PPP second draw loans, made through March 31,
2021. The interim final rule is effective February 17, 2021 (Regulation O, Docket R-1740), the same day it was published in the Federal
Register. Policy Statements
On February 17, 2021, the Board revised
Supervisory Guidance for
Assessing Risk Management at Supervised Institutions with Total Consolidated
Assets Less Than $100 Billion to apply to the supervision of Federal
Reserve regulated institutions with total consolidated assets of less
than $100 billion including state member banks, bank holding companies,
and savings and loan holding companies (including insurance and commercial
savings and loan holding companies); as well as foreign banking organizations
with consolidated U.S. assets of less than $100 billion.
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The guidance does
not apply to intermediate holding companies of foreign banking organizations
established pursuant to the Federal Reserve’s Regulation YY
with total consolidated assets of $50 billion or more. This applicability
modification aligns with the Board’s tailoring rules (Guidance, Risk Management at 3-1579.243).
On February 26, 2021, the Board issued
Supervisory
Guidance on Board of Directors’ Effectiveness to highlight
the critical role the board of directors of a large financial institution
serves in maintaining the firm’s safety and soundness and compliance
with laws and regulations, as well as the continued financial and
operational resilience of its consolidated operations.
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This guidance adopts a principles-based
approach to describe attributes of effective boards and provides illustrative
examples of effective practices (Guidance,
Safety and Soundness at 3-1579.294). Regulation
Q and Regulation YY
The Board, the Federal
Deposit Insurance Corporation (FDIC), and the Office of the Comptroller
of the Currency (OCC) are adopting a final rule that applies to advanced
approaches banking organizations with the aim of reducing both interconnectedness
within the financial system and systemic risks.
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The final rule requires deduction
from a banking organization’s regulatory capital for certain
investments in unsecured debt instruments issued by foreign or U.S.
global systemically important banking organizations (G-SIBs) for the
purposes of meeting minimum total loss-absorbing capacity (TLAC) requirements
and, where applicable, long-term debt requirements, or for investments
in unsecured debt instruments issued by G-SIBs that are pari passu or subordinated to such debt instruments. In addition, the Board
is adopting changes to its TLAC rules to clarify requirements and
correct drafting errors. The final rule is effective April 1, 2021
(Regulation Q and Regulation YY, Docket R-1655) and was published in the Federal Register on January 6, 2021. Regulation Q, Regulation Y, Regulation
LL, and Regulation YY
The Board is adopting
a final rule to tailor the requirements in the Board’s capital
plan rule based on risk. Specifically, as indicated in the Board’s
October 2019 rulemaking that updated the prudential framework for
large bank holding companies and U.S. intermediate holding companies
of foreign banking organizations (tailoring framework), the final
rule modifies the capital planning, regulatory reporting, and stress
capital buffer requirements for firms subject to “Category IV”
standards under that framework.
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To be consistent with recent
changes to the Board’s stress testing rules, the final rule
makes other changes to the Board’s stress testing rules, Stress
Testing Policy Statement, and regulatory reporting requirements, such
as the assumptions relating to business plan changes and capital actions
and the publication of company-run stress test results for savings
and loan holding companies. The final rule also applies the capital
planning and stress capital buffer requirements to covered savings
and loan holding companies subject to Category II, Category III, and
Category IV standards under the tailoring framework. The final rule
is effective April 5, 2021 (Regulation Q, Regulation Y, Regulation LL, and Regulation YY, Docket R-1724) and was published in the Federal Register on February 3, 2021. Consumer
and Community Affairs
CFPB’s Regulation
Z
The Consumer Financial Protection Bureau
(CFPB) issued a final rule to amend Regulation Z, which implements
the Truth in Lending Act, as mandated by section 108 of the Economic
Growth, Regulatory Relief, and Consumer Protection Act.
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The amendments
exempt certain insured depository institutions and insured credit
unions from the requirement to establish escrow accounts for certain
higher-priced mortgage loans. The final rule is effective February
17, 2021 (Consumer Financial Protection Bureau, Regulation Z, Docket CFPB-2020-0023), the same day it was published in the Federal Register. Procedural
and Organizational Rules
Federal Open Market
Committee Rules of Organization
The Federal
Open Market Committee amended its Rules of Organization to replace
the terms “Chairman” and “Vice Chairman” with
“Chair” and “Vice Chair,” respectively.
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The amendments
are effective February 17, 2021 (Procedural and Organizational Rules, Federal Open Market Committee Rules of Organization) and were published
in the Federal Register on February 26, 2021. Federal Open Market Committee Rules of Procedure
The Federal Open Market Committee amended its Rules of
Procedure to replace the terms “Chairman” and “Vice
Chairman” with “Chair” and “Vice Chair,”
respectively.
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The amendments are effective February 26, 2021 (Procedural and Organizational
Rules, Federal Open Market Committee Rules of Procedure), the same day they
were published in the Federal Register. Payment System
Federal Reserve Policy
Statement on Payment System Risk
The Board
has amended part II of the Federal Reserve Policy on Payment System
Risk to reflect modifications to the Federal Reserve Banks’
payment services to facilitate adoption of a later same-day automated
clearinghouse (ACH) processing and settlement window.
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Specifically, the Reserve Banks
will extend the daily operating hours of the National Settlement Service
(NSS) and the Fedwire® Funds Service. To mitigate the risk that
these modified hours will cause more frequent delays to the 9:00 p.m.
eastern time (ET) reopening of the Fedwire Funds Service, the Reserve
Banks will modify the practice of maintaining a 2-hour window between
the closing and reopening of the Fedwire Funds Service to maintain
only a 90-minute window, and will increase the $1 billion value threshold
for extending the closing of the Fedwire Funds Service to $3 billion.
The policy statement amendments are effective March 19, 2021 (Federal
Reserve Policy Statement on Payment System Risk at 9-1000, Docket
OP-1692) and were published in the Federal Register on December
30, 2019. Regulation EE
The Board
adopted a final rule that amends Regulation EE (Netting Eligibility
for Financial Institutions) to include additional entities in the
definition of “financial institution” contained in section
402 of the Federal Deposit Insurance Corporation Improvement Act of
1991 (FDICIA) so that they are covered by FDICIA’s netting protections.
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The final rule
also clarifies certain aspects of the existing activities-based test
in Regulation EE. The final rule is effective March 29, 2021 (Regulation EE, Docket R-1661) and was published in the Federal Register on February 26, 2021. Proposed
Rules
The Board, the Farm Credit Administration,
the FDIC, the National Credit Union Administration, and the OCC propose
to supplement the
Interagency Questions and Answers Regarding Flood
Insurance with new questions and answers (Q&As) regarding
the acceptance of flood insurance policies issued by private insurers
pursuant to the agencies’ private flood insurance final rule
issued in February 2019.
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These Q&As will assist lenders in meeting their responsibilities
under the final rule and increase public understanding of the agencies’
respective flood insurance regulations. Comments on this notice of
proposed Q&As must be received by May 17, 2021 (Docket R-1742).