December 2018Transmittal 454
Effective: 12/1/2018
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 California Department of Business Oversight
recognize the serious impact of the California wildfires 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/bcreg20181115b.htm. 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 2019.
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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
2019 at $16.3 million (up from 16.0 million in 2018). 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 2019 at $124.2
million (up from $122.3 million in 2018). 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.
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The final rule is effective
November 29, 2018 (Regulation D, Docket R-1626) and was published in the Federal Register on October 30, 2018. Banks and
Banking
Regulation KK
The Board, the Farm Credit Administration, the FDIC, the Federal
Housing Finance Agency, and the OCC are adopting amendments to their
rules establishing minimum margin requirements for registered swap
dealers, major swap participants, security-based swap dealers, and
major security-based swap participants (swap margin rule).
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These amendments
conform the swap margin rule to rules recently adopted by the Board,
the FDIC, and the OCC that impose restrictions on certain qualified
financial contracts, including certain non-cleared swaps subject to
the swap margin rule (the QFC rules). Specifically, the final amendments
to the swap margin rule conform the definition of “eligible master
netting agreement” to the definition of “qualifying master netting
agreement” in the QFC rules. The amendment to the swap margin rule
ensures that netting agreements of firms subject to the swap margin
rule are not excluded from the definition of “eligible master netting
agreement” based solely on their compliance with the QFC rules. The
amendment also ensures that margin amounts required for non-cleared
swaps covered by agreements that otherwise constitute eligible master netting agreements can continue to
be calculated on a net portfolio basis, notwithstanding changes to
those agreements that will be made in some instances by firms revising
their netting agreements to achieve compliance with the QFC rules.
In addition, for any non-cleared swaps that were “entered into” before
the compliance dates of the swap margin rules—and which are accordingly
grandfathered from application of the rule’s margin requirements—the
amendments state that any changes to netting agreements that are required
to conform to the QFC rules will not render grandfathered swaps covered
by that netting agreement as “new” swaps subject to the swap margin
rule. The final rule is effective November 9, 2018 (Regulation KK, Docket R-1596) and was published in the Federal Register on October 10, 2018. Policy Statement
The Board, the FDIC, and the OCC (collectively,
“the agencies”) issued on October 16, 2018,
Frequently Asked Questions
on the Appraisal Regulations and the Interagency Appraisal and Evaluation
Guidelines in response to questions raised regarding the agencies’
appraisal regulations and guidance.
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These frequently asked questions
(FAQs) assemble previously communicated interpretations of the agencies’
appraisal regulations and guidelines as well as provide additional
examples for a supervised institution’s appraisal program, including
the preparation of evaluations. Institutions and examiners should
consider these FAQs in the context of existing regulations and guidance
as these FAQs do not introduce new policy (Guidance, Real Estate Appraisal at 3-1577.21).Proposed Rules
As part of its overall mission,
the Federal Reserve has a fundamental interest in ensuring there is
a safe and robust U.S. payment system, including a settlement infrastructure
on which the private sector can provide innovative faster payment
services that serve the broad public interest.
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Accordingly, the Board is seeking
input on potential actions that the Federal Reserve could take to
promote ubiquitous, safe, and efficient faster payments in the United
States by facilitating real-time interbank settlement of faster payments.
While the Board is not committing to any specific actions, potential
actions include the Federal Reserve Banks developing a service for
24x7x365 real-time interbank settlement of faster payments; and a
liquidity management tool that would enable transfers between Federal
Reserve accounts on a 24x7x365 basis to support services for real-time
interbank settlement of faster payments, whether those services are
provided by the private sector or the Federal Reserve Banks. The Board
is seeking input on whether these actions, separately or in combination,
or alternative approaches, would help achieve ubiquitous, nationwide
access to safe and efficient faster payments. Comments on the potential
actions must be received by December 14, 2018 (Docket OP-1625).
The Board is proposing to revise
and expand its equal employment opportunity regulation to adopt recent
changes the Equal Employment Opportunity Commission had made to its
rules.
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The
Board’s proposed rule is intended to provide Board employees, applicants
for employment, and others with the same substantive and procedural
rights generally guaranteed to others under title VII of the Civil
Rights Act of 1964, the Equal Pay Act, the Age Discrimination in Employment
Act, and the Rehabilitation Act and thus to comply with the spirit
of those laws. The Board’s proposed rule also clarifies provisions
related to Board employees’ right to bring a claim before the Merit
System Protection Board and the Federal Labor Relations Board. Comments
on this notice of proposed rulemaking must be received by December
17, 2018 (Docket R-1630).
The Board, the FDIC, and the OCC are inviting comment
on a proposed rule that would implement section 205 of the Economic
Growth, Regulatory Relief, and Consumer Protection Act by expanding
the eligibility to file the agencies’ most streamlined report of condition,
the FFIEC 051 Call Report, to include certain insured depository institutions
with less than $5 billion in total consolidated assets that meet other
criteria, and establishing reduced reporting on the FFIEC 051 Call
Report for the first and third reports of condition for a year.
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The Board and the
OCC also are proposing similar reduced reporting for certain uninsured
institutions that they supervise with less than $5 billion in total
consolidated assets that otherwise meet the same criteria. Comments
on this notice of proposed rulemaking must be received by January
18, 2019 (Docket R-1618).