Regulatory Developments

The Board continues to identify opportunities to tailor its regulatory framework, focusing on efficiency, transparency, and simplicity.

The Federal Reserve is focused on opportunities to simplify the current regulatory framework and minimize compliance burden in achieving our goal of a safe, sound, and efficient financial system. EGRRCPA presents an opportunity for the Federal Reserve to continue to tailor its regulations to focus on the largest banking firms that represent the highest risk to the U.S. financial system while reducing burden for firms that pose less systemic risk.

Many of the regulations issued by the Federal Reserve over the past year dealt with further tailoring of existing regulations and implementing provisions of EGRRCPA. Table 1 shows proposed and final rules, as well as select Federal Reserve and interagency statements, issued over the past 12 months.

Table 1. April 2018–April 2019 Federal Reserve or interagency rulemakings (proposed and final)
Date issued Rule/guidance
4/2/2018 Agencies issue final rule to exempt commercial real estate transactions of $500,000 or less from appraisal requirements.
Federal Register (FR) notice: https://www.federalreserve.gov/newsevents/pressreleases/files/2018-06960.pdf
4/10/2018 Federal Reserve seeks comment on proposal to integrate its stress test and regulatory capital requirements through the stress capital buffer.
FR notice: https://www.gpo.gov/fdsys/pkg/FR-2018-04-25/pdf/2018-08006.pdf
4/11/2018 Federal Reserve and the OCC propose rule to tailor enhanced supplementary leverage ratio requirements.
FR notice: https://www.gpo.gov/fdsys/pkg/FR-2018-04-19/pdf/2018-08066.pdf
4/17/2018 Agencies issue proposal to revise regulatory capital rules to address and provide an option to phase in the effects of the new accounting standard for credit losses (CECL).
FR notice: https://www.gpo.gov/fdsys/pkg/FR-2018-05-14/pdf/2018-08999.pdf
5/7/2018 Board announces approval of final amendments to its Regulation A.
FR notice: https://www.federalreserve.gov/newsevents/pressreleases/bcreg20180507a.htm
5/30/2018 Board asks for comment on proposed rule to simplify and tailor compliance requirements relating to the Volcker rule.
FR notice: https://www.federalreserve.gov/newsevents/pressreleases/bcreg20180530a.htm
6/5/2018 Agencies ask for public comment on a proposed rule to simplify and tailor the Volcker rule.
FR notice: https://www.gpo.gov/fdsys/pkg/FR-2018-07-17/pdf/2018-13502.pdf
6/14/2018 Federal Reserve approves final single-counterparty credit limit rule to prevent concentration of risk between large banking organizations and their counterparties from undermining financial stability.
FR notice: https://www.gpo.gov/fdsys/pkg/FR-2018-08-06/pdf/2018-16133.pdf
7/6/2018 Agencies issue statement regarding the impact of the Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRCPA).
Statement: https://www.federalreserve.gov/newsevents/pressreleases/files/bcreg20180706a1.pdf
7/6/2018 Federal Reserve issues statement describing how, consistent with EGRRCPA, the Board will no longer subject primarily smaller, less complex banking organizations to certain Board regulations.
Statement: https://www.federalreserve.gov/newsevents/pressreleases/files/bcreg20180706b1.pdf
8/22/2018 Agencies issue interim final rule regarding the treatment of certain municipal securities as high-quality liquid assets.
FR notice: https://www.federalreserve.gov/newsevents/pressreleases/files/2018-18610.pdf
8/28/2018 Federal Reserve issues interim final rule expanding the applicability of the Board's Small Bank Holding Company Policy Statement.
FR notice: https://www.federalreserve.gov/newsevents/pressreleases/files/2018-18756.pdf
9/11/2018 Agencies issue statement reaffirming the role of supervisory guidance.
FR notice: https://www.federalreserve.gov/newsevents/pressreleases/bcreg20180911a.htm
9/18/2018 Agencies issue proposed rule regarding the treatment of high-volatility commercial real estate.
FR notice: https://www.federalreserve.gov/newsevents/pressreleases/files/bcreg20180918a1.pdf
9/21/2018 Agencies issue final rule to amend swap margin rule.
FR notice: https://www.federalreserve.gov/newsevents/pressreleases/files/bcreg20180921a.pdf
9/21/2018 Board seeks public comment on proposal to amend Regulation H and Regulation K to reflect the transfer of the Board's rulemaking for the Secure and Fair Enforcement for Mortgage Licensing Act (S.A.F.E. Act) to the Consumer Financial Protection Bureau.
FR notice: https://www.federalreserve.gov/newsevents/pressreleases/bcreg20180921b.htm
10/3/2018 Federal agencies issue a joint statement on banks and credit unions sharing resources to improve efficiency and effectiveness of Bank Secrecy Act compliance.
FR notice: https://www.federalreserve.gov/newsevents/pressreleases/bcreg20181003a.htm
10/30/2018 Agencies propose rule to update calculation of derivative contract exposure amounts under regulatory capital rules.
FR notice: https://www.federalreserve.gov/newsevents/pressreleases/bcreg20181030a.htm
10/31/2018 Board invites public comment on framework that would more closely match regulations for large banking organizations with their risk profiles.
Proposed prudential standards for large bank holding companies and savings and loan holding companies (83 Fed. Reg. 61,408 (November 29, 2018)).
Proposed changes to applicable threshold for regulatory capital and liquidity requirements (83 Fed. Reg. 66,024 (December 21, 2018)).
FR notice: https://www.federalreserve.gov/newsevents/pressreleases/bcreg20181031a.htm
11/2/2018 Board finalizes new supervisory rating system for large financial institutions.
FR notice: https://www.federalreserve.gov/newsevents/pressreleases/bcreg20181102a.htm
11/7/2018 Agencies issue proposal to streamline regulatory reporting for qualifying small institutions.
FR notice: https://www.federalreserve.gov/newsevents/pressreleases/bcreg20181107a.htm
11/21/2018 Agencies propose community bank leverage ratio for qualifying community banking organizations.
FR notice: https://www.federalreserve.gov/newsevents/pressreleases/bcreg20181120a.htm
12/4/2018 Agencies seek public comment on proposal to raise appraisal exemption threshold for residential real estate transactions.
FR notice: https://www.federalreserve.gov/newsevents/pressreleases/bcreg20181204a.htm
12/21/2018 Agencies issue final rules expanding examination cycles for qualifying small banks and U.S. branches and agencies of foreign banks.
FR notice: https://www.federalreserve.gov/newsevents/pressreleases/bcreg20181221c.htm
12/21/2018 Agencies invite comment on a proposal to exclude community banks from the Volcker rule.
FR notice: https://www.federalreserve.gov/newsevents/pressreleases/bcreg20181221d.htm
1/8/2019 Board invites public comment on proposal that would modify company-run stress testing requirements to conform with EGRRCPA.
FR notice: https://www.federalreserve.gov/newsevents/pressreleases/bcreg20190108a.htm
2/5/2019 Board finalizes set of changes that will increase the transparency of its stress testing program for nation's largest and most complex banks.
FR notice: https://www.federalreserve.gov/newsevents/pressreleases/bcreg20190205a.htm
3/6/2019 Board announces it will limit the use of the "qualitative objection" in its Comprehensive Capital Analysis and Review (CCAR) exercise, effective for the 2019 cycle.
FR notice: https://www.federalreserve.gov/newsevents/pressreleases/bcreg20190306b.htm
3/15/2019 Agencies adopt interim final rule to amend the swap margin rule to facilitate transfers of legacy swaps.
FR notice: https://www.federalreserve.gov/newsevents/pressreleases/bcreg20190315a.htm
3/28/2019 Board releases document providing additional information on its stress testing program.
FR press release: https://www.federalreserve.gov/newsevents/pressreleases/bcreg20190328a.htm
4/2/2019 Agencies propose rule to require large banking firms to deduct from regulatory capital investments in long-term debt instruments issued by systemically important banks.
FR notice: https://www.federalreserve.gov/newsevents/pressreleases/files/bcreg20190402a1.pdf
4/8/2019 Board invites public comment on changes to the regulatory framework that would more closely match rules for foreign banks with the risks they pose to U.S. financial system.
Prudential Standards for Large Foreign Banking Organizations; Revisions to Proposed Prudential Standards for Large Domestic Bank Holding Companies and Savings and Loan Holding Companies.
FR notice: https://www.federalreserve.gov/newsevents/pressreleases/files/foreign-bank-fr-notice-1-20190408.pdf
Proposed changes to applicability thresholds for regulatory capital requirements for certain U.S. subsidiaries of foreign banking organizations and application of liquidity requirements to foreign banking organizations, certain U.S. depository institution holding companies, and certain depository institution subsidiaries.
FR notice: https://www.federalreserve.gov/newsevents/pressreleases/files/foreign-bank-fr-notice-2-20190408.pdf
4/16/2019 Agencies invite comment on modifications to resolution plan requirements; proposal keeps existing requirements for largest firms and reduces requirements for firms with less risk.
FR notice: https://www.federalreserve.gov/newsevents/pressreleases/bcreg20190416a.htm
4/18/2019 Agencies seek comment on revisions to the supplementary leverage ratio as required by the Economic Growth, Regulatory Relief, and Consumer Protection Act.
FR notice: https://www.federalregister.gov/documents/2019/04/30/2019-08448/regulatory-capital-rule-revisions-tothe-supplementary-leverage-ratio-to-exclude-certain-central
4/23/2019 Federal Reserve Board invites public comment on proposal to simplify and increase the transparency of rules for determining control of a banking organization.
FR notice: https://www.federalreserve.gov/newsevents/pressreleases/bcreg20190423a.htm
Box 2. The Economic Growth, Regulatory Relief, and Consumer Protection Act: Reducing Regulatory Burden

The Economic Growth, Regulatory Relief, and Consumer Protection Act, or EGRRCPA, enacted on May 24, 2018, changed several aspects of banking law to reduce regulatory burden on community banks. EGRRCPA also requires federal banking agencies to further tailor their regulations to reflect the character of the different banking firms that the agencies supervise. Successful implementation of EGRRCPA is an important milestone in the Federal Reserve's ongoing efforts to supervise and regulate the financial industry.

For G-SIBs, which are largely not affected by EGRRCPA, standards remain higher than for smaller firms. For holding companies with more than $250 billion in assets, but below the G-SIB threshold, the Federal Reserve aims to ensure that its regulations are appropriately rigorous given a firm's risk profile and systemic importance.

For firms with total assets greater than $100 billion that are not G-SIBs, the Federal Reserve is revisiting requirements mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) and, where appropriate, eliminating or adjusting certain requirements, particularly for firms below $250 billion in total assets. The Federal Reserve has provided relief to less complex firms from supervisory stress testing requirements and the Comprehensive Capital Analysis and Review (CCAR) by effectively moving these firms to an extended stress test cycle for 2019.1 There are no longer annual supervisory stress testing requirements for firms under $100 billion. Additionally, the Federal Reserve increased from $10 billion to $50 billion the asset threshold requiring a firm to meet risk-committee requirements. Furthermore, banking organizations with less than $10 billion in consolidated total assets, where total trading assets and liabilities are 5 percent or less of total consolidated assets, are no longer subject to the Volcker rule.2

For FBOs, the Federal Reserve recently issued a proposal on the regulatory framework for foreign banks with $100 billion or more in U.S. assets. The proposed regulatory framework would more closely match the rules for foreign banks with the risks they pose to the U.S. financial system. Under the proposed framework, FBOs would be sorted into categories of increasingly stringent requirements based on several factors, including asset size, cross-jurisdictional activity, reliance on short-term wholesale funding, nonbank assets, and off-balance-sheet exposure. The proposed framework for FBOs is substantially the same as the framework proposed last year by the Board for large domestic banks, with some adjustments reflecting structural differences in foreign banks' U.S. operations.

For qualifying community banking organizations, 3 the Federal Reserve and the other federal banking agencies issued a proposal to simplify regulatory capital requirements for these organizations by giving them an option to calculate a simple leverage ratio, rather than multiple measures of capital adequacy.4

In December 2018, the Federal Reserve, jointly with the FDIC and the Office of the Comptroller of the Currency (OCC), issued final rules expanding the number of insured depository institutions and U.S. branches and agencies of foreign banks eligible for an 18-month on-site examination cycle, rather than a 12-month cycle.5 Further, in December 2018, the agencies issued a proposal to amend their appraisal regulations that would raise the appraisal threshold for residential real estate transactions from $250,000 to $400,000.6

1. Refer to the Comprehensive Capital Analysis and Review 2019 and Summary Instructions (March 2019) at https://www.federalreserve.gov/newsevents/pressreleases/files/bcreg20190306b2.pdf. Return to text

2. As background, the Volcker rule generally restricts banking entities from engaging in proprietary trading and from owning, or sponsoring, hedge funds or private equity funds. Return to text

3. Under the proposal, a qualifying CBO would have less than $10 billion in total consolidated assets as of the end of the most recent calendar quarter and have total off-balance-sheet exposures of 25 percent or less of its total consolidated assets as of the end of the most recent calendar quarter. Return to text

4. See 84 Fed. Reg. 3062 (February 8, 2019). Return to text

5. See 83 Fed. Reg. 67,033 (December 28, 2018). Return to text

6. See 83 Fed. Reg. 63,110 (December 7, 2018). Return to text

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Last Update: June 21, 2022