July 2019Transmittal 461
Effective: 7/1/2019
Banks and Banking
Regulation
H
The Board, the Farm Credit Administration,
the Federal Deposit Insurance Corporation, the National Credit Union
Administration, and the Office of the Comptroller of the Currency
are amending their regulations regarding loans in areas having special
flood hazards to implement the private flood insurance provisions
of the Biggert-Waters Flood Insurance Reform Act of 2012 (Biggert-Waters
Act).
More...
Specifically,
the final rule requires regulated lending institutions to accept policies
that meet the statutory definition of “private flood insurance” in
the Biggert-Waters Act; and permits regulated lending institutions
to exercise their discretion to accept flood insurance policies issued
by private insurers and plans providing flood coverage issued by mutual
aid societies that do not meet the statutory definition of “private
flood insurance,” subject to certain restrictions. The final rule
is effective July 1, 2019 (Regulation H, Docket R-1498) and was published in the Federal Register on February 20, 2019. Regulation
H and Regulation K
The Board is repealing its
regulations that incorporated the Secure and Fair Enforcement for
Mortgage Licensing Act (S.A.F.E. Act). Title X of the Dodd-Frank Wall
Street Reform and Consumer Protection Act (Dodd-Frank Act) transferred
rulemaking authority for a number of consumer financial protection
laws, including the S.A.F.E. Act, from the Board to the Consumer Financial
Protection Bureau (CFPB).
More...
In December 2011, the CFPB published
an interim final rule, incorporating the S.A.F.E. Act into its Regulation
G and Regulation H. In April 2016, the CFPB finalized the interim
final rule. Accordingly, the Board is repealing its S.A.F.E. Act regulations.
The final rule is effective June 14, 2019 (Regulation H and Regulation K, Docket R-1622) and was published in the Federal Register on May 15, 2019. Proposed Rules
The Board is inviting public comment on a proposal that would revise
the Board’s regulations related to determinations of whether a company
has the ability to exercise a controlling influence over another company
for purposes of the Bank Holding Company Act or the Home Owners’ Loan
Act.
More...
The proposal
would significantly expand the number of presumptions for use in such
determinations. By codifying the presumptions in the Board’s Regulation
Y and Regulation LL, the Board’s rules would provide substantial additional
transparency on the types of relationships that the Board would view
as supporting a determination that one company controls another company.
The proposed presumptions generally would be consistent with the Board’s
historical practice with respect to the types of relationships that
raise, or do not raise, significant controlling influence concerns.
Several of the proposed presumptions, however, would represent targeted
adjustments relative to the Board’s historical practice. Finally,
the proposal would include various definitions and ancillary rules
to ensure that the application of the proposed presumptions is clear,
transparent, and consistent. Comments on this notice of proposed rulemaking
must be received by July 15, 2019 (Docket R-1662).
The Board is requesting comment on potential modifications
to the Federal Reserve Banks’ payment services to facilitate adoption
of a later same-day automated clearinghouse (ACH) processing and settlement
window.
More...
Specifically,
the Reserve Banks would extend the daily operating hours of the National
Settlement Service (NSS) to allow the private-sector ACH operator
to settle its in-network transactions resulting from the later same-day
ACH window. To support these new NSS operating hours, the Reserve
Banks would extend the daily operating hours of the Fedwire® Funds
Service, creating implications for extension policies for contingencies
that might result in more frequent delays to the reopening of the
Fedwire® Funds Service. Finally, the Board is requesting comment on
corresponding changes to the Federal Reserve Policy on Payment System
Risk related to a new posting time and an increase to the daylight
overdraft fee rate. Comments on this notice must be received by July
15, 2019 (Docket OP-1664).