November 2018Transmittal 453
Effective: 11/1/2018
The
Board, the Federal Deposit Insurance Corporation (FDIC), the National
Credit Union Administration (NCUA), the Office of the Comptroller
of the Currency (OCC), and the state regulators recognize the serious
impact of Hurricane Michael on the customers, members, and operations
of many financial institutions and will provide appropriate regulatory
assistance to affected institutions subject to their supervision.
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The agencies encourage
institutions operating in the affected areas to meet the financial
services needs of their communities. For more information, see the
press release and related information on the Board’s public
website: www.federalreserve.gov/newsevents/pressreleases/bcreg20181010a.htm. Monetary Policy and Reserve Requirements
Regulation A
The Board has
adopted final amendments to its Regulation A to reflect the Board’s
approval of an increase in the rate for primary credit at each Federal
Reserve Bank.
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The secondary credit rate at each Reserve Bank automatically increased
by formula as a result of the Board’s primary credit rate action.
The final rule is effective October 2, 2018 (Regulation A, Docket R-1623), the same day it was published in the Federal
Register. The rate changes for primary and secondary credit were
applicable on September 27, 2018. Regulation
D
The Board is amending Regulation D (Reserve
Requirements of Depository Institutions) to revise the rate of interest
paid on balances maintained to satisfy reserve balance requirements
(IORR) and the rate of interest paid on excess balances (IOER) maintained
at Federal Reserve Banks by or on behalf of eligible institutions.
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The final amendments
specify that IORR is 2.20 percent and IOER is 2.20 percent, a 0.25
percentage point increase from their prior levels. The amendments
are intended to enhance the role of such rates of interest in moving
the federal funds rate into the target range established by the Federal
Open Market Committee. The final rule is effective October 2, 2018
(Regulation D, Docket R-1624), the same day it was published in the Federal
Register. The IORR and IOER rate changes were applicable on September
27, 2018. Banks and Banking
Policy
Statement
The Board, the Consumer Financial
Protection Bureau (CFPB), the FDIC, the NCUA, and the OCC (collectively,
“the agencies”) issued on September 11, 2018,
Interagency
Statement Clarifying the Role of Supervisory Guidance to explain
the agencies’ approach to using guidance in their supervision
of regulated institutions.
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The statement explains that,
unlike a law or regulation, supervisory guidance does not have the
force and effect of law and that the agencies do not take enforcement
actions based on supervisory guidance. However, examiners may reference
supervisory guidance to provide examples of safe-and-sound conduct,
appropriate consumer protection and risk-management practices, and
other actions for addressing compliance with laws or regulations (Guidance, Safety and Soundness at 3-1579.29).
The Board periodically issues Supervision and Regulation
(SR) letters announcing that certain previously issued guidance has
become inactive or has been superseded.
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- SR letter 18-7, “Updates to the Expanded Examination
Cycle for Certain State Member Banks and U.S. Branches and Agencies
of Foreign Banking Organizations,” issued October 1, 2018, affects
the following guidance published in the Federal Reserve Regulatory
Service:
- Overview of State Member Bank Examination Frequency
and Coordination (inactive) (Guidance,
Examinations and Inspections at 3-1532.7)
Bank Secrecy Act Regulations
The Board, the FDIC, the NCUA, the OCC, and the U.S.
Department of the Treasury’s Financial Crimes Enforcement Network
(FinCEN) issued on October 3, 2018,
Interagency Statement on Sharing
Bank Secrecy Act Resources to address instances in which banks
may decide to enter into collaborative arrangements to share resources
to manage their Bank Secrecy Act/Anti-Money Laundering (BSA/AML) obligations
more efficiently and effectively.
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Collaborative arrangements as
described in this statement generally are most suitable for banks
with a community focus, less complex operations, and lower-risk profiles
for money laundering or terrorist financing (Department of the Treasury,
Financial Crimes Enforcement Network at 3-1874).Consumer and
Community Affairs
CFPB’s Regulation
V
The CFPB issued an interim final rule to
update its model forms for the Summary of Consumer Identity Theft
Rights and the Summary of Consumer Rights to incorporate a notice
of rights required by a new provision of the Fair Credit Reporting
Act, added by the Economic Growth, Regulatory Relief, and Consumer
Protection Act.
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The interim final rule is effective September 21, 2018 (Consumer
Financial Protection Bureau, Regulation V, Docket CFPB-2018-0025) and was published in the Federal Register on September 18, 2018. Comments on the interim final rule must be
received by November 19, 2018.Proposed Rules
The Board, the FDIC, and the OCC are proposing
to amend the regulatory capital rule to revise the definition of “high
volatility commercial real estate (HVCRE) exposure” to conform
to the statutory definition of “high volatility commercial real
estate acquisition, development, or construction (HVCRE ADC) loan,”
in accordance with section 214 of the Economic Growth, Regulatory
Relief, and Consumer Protection Act.
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Additionally, to facilitate
the consistent application of the revised HVCRE exposure definition,
the agencies propose to interpret certain terms in the revised HVCRE
exposure definition generally consistent with their usage in other
relevant regulations or the instructions to the Consolidated Reports
of Condition and Income, where applicable, and request comment on
whether any other terms in the revised definition would also require
interpretation. Comments on this notice of proposed rulemaking must
be received by November 27, 2018 (Docket R-1621).