Reserve Requirements of Depository Institutions, 59482-59486 [E8-24003]
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59482
Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Rules and Regulations
Dated: October 6, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E8–24114 Filed 10–8–08; 8:45 am]
BILLING CODE 3410–02–P
FEDERAL RESERVE SYSTEM
12 CFR Part 204
[Regulation D; Docket No. R–1334]
Reserve Requirements of Depository
Institutions
Board of Governors of the
Federal Reserve System.
ACTION: Interim final rule; request for
public comment.
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AGENCY:
SUMMARY: Under authority of section
128 of the Emergency Economic
Stabilization Act of 2008, the Board is
amending Regulation D, Reserve
Requirements of Depository Institutions,
to direct Federal Reserve Banks to pay
interest on balances held at Reserve
Banks to satisfy reserve requirements
and on balances held in excess of
required reserve balances and clearing
balances. The Board is also making
associated minor changes to its clearing
balance policy and the method for
recovering float costs.
DATES: Effective date: This interim final
rule is effective October 9, 2008.
Comments must be received on or
before November 21, 2008.
ADDRESSES: You may submit comments,
identified by Docket No. R–1334, by any
of the following methods:
Agency Web Site: https://
www.federalreserve.gov. Follow the
instructions for submitting comments at
https://www.federalreserve.gov/
generalinfo/foia/ProposedRegs.cfm.
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
E-mail:
regs.comments@federalreserve.gov.
Include the docket number in the
subject line of the message.
Fax: (202) 452–3819 or (202) 452–
3102.
Mail: Jennifer J. Johnson, Secretary,
Board of Governors of the Federal
Reserve System, 20th Street and
Constitution Avenue, NW., Washington,
DC 20551.
All public comments are available
from the Board’s Web site at https://
www.federalreserve.gov/generalinfo/
foia/ProposedRegs.cfm as submitted,
unless modified for technical reasons.
Accordingly, your comments will not be
edited to remove any identifying or
contact information.
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Public comments may also be viewed
electronically or in paper in Room
MP–500 of the Board’s Martin Building
(20th and C Streets, NW.) between
9 a.m. and 5 p.m. on weekdays.
FOR FURTHER INFORMATION CONTACT:
Sophia H. Allison, Senior Counsel (202/
452–3565), Legal Division, or Margaret
Gillis DeBoer, Senior Financial Analyst
(202/452–3139), Division of Monetary
Affairs; for information with respect to
the clearing balance policy and float
calculations, Jonathan Mueller, Senior
Financial Analyst (202–530–6291),
Division of Reserve Bank Operations
and Payment Systems; for users of
Telecommunications Device for the Deaf
(TDD) only, contact (202/263–4869);
Board of Governors of the Federal
Reserve System, 20th and C Streets,
NW., Washington, DC 20551.
SUPPLEMENTARY INFORMATION:
I. Background
Section 128 of the Emergency
Economic Stabilization Act of 2008,
enacted on October 3, 2008 (the ‘‘2008
Act’’), accelerated the effective date of
the authority for the Federal Reserve
Banks to pay earnings on balances
maintained at the Reserve Banks by or
on behalf of depository institutions. The
2008 Act made this authority effective
on October 1, 2008. This authority was
originally enacted in Title II of the
Financial Services Regulatory Relief Act
of 2006 (the ‘‘2006 Act’’) (Pub. L. 109–
351, 120 Stat. 1966 (Oct. 13, 2006), with
an original effective date of October 1,
2011. The 2006 Act provides that such
earnings must be paid at least once each
quarter at a rate not to exceed the
general level of short-term interest rates.
The 2006 Act also provides that the
Board may prescribe regulations
concerning the payment of earnings, the
distribution of earnings to the
depository institutions that maintain
balances or on whose behalf balances
are maintained, and the responsibilities
of correspondents to distribute and
credit earnings on balances maintained
by the respondent on a pass-through
basis with the correspondent.
The Board is publishing this interim
final rule amending Regulation D
(Reserve Requirements of Depository
Institutions) to direct the Federal
Reserve Banks to pay interest on
balances held at Reserve Banks to satisfy
reserve requirements (‘‘required reserve
balances’’) and balances held in excess
of required reserve balances and
clearing balances (‘‘excess balances’’).
Reserve Banks will not pay explicit
interest on clearing balances (balances
that an institution holds to satisfy a
contractual clearing balance agreement).
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Clearing balances will, however,
continue to earn earnings credits under
the existing clearing balance policy,
although the Board has made minor
adjustments to the calculations of
earnings credits and float costs to be
recovered that are related to reserve
requirements. In addition, the Board has
eliminated transitional adjustments for
reserve requirements in the event of a
merger or consolidation.
In the past, the absence of interest
payments on required reserve balances
acted as a tax on depository institutions’
issuance of deposits subject to reserve
requirements. To the extent that
depository institutions could not satisfy
reserve requirements with vault cash,
they were required to hold more
balances than they otherwise would in
a non-interest-bearing account at a
Reserve Bank. The absence of interest
on excess balances has meant that,
when reserve supply significantly
exceeds demand, the federal funds rate
can fall to as low as zero.
The ability to pay interest on balances
held at Reserve Banks should help
promote efficiency and stability in the
banking sector. Paying interest on
excess balances will permit the Federal
Reserve to expand its balance sheet as
necessary to provide sufficient liquidity
to support financial stability while
implementing the monetary policy that
is appropriate in light of the System’s
macroeconomic objectives of maximum
employment and price stability. Paying
interest on excess balances should also
help to establish a lower bound on the
federal funds rate. Eligible institutions
(defined below) will presumably be
unwilling to lend balances in the funds
market at a rate much below that paid
on excess balances maintained at a
Reserve Bank. In addition, paying
interest on required reserve balances
will eliminate much of the reserve tax
and lessen the incentive for depository
institutions to engage in reserve
avoidance behavior, which absorbs real
resources and diminishes the efficiency
of the banking system.
In light of the current severe strains in
financial markets, the amendments to
Regulation D will be effective on
Thursday, October 9, 2008. Interest will
be calculated beginning with the
biweekly reserve maintenance period
ending October 22, 2008, and the
weekly reserve maintenance period
ending October 15, 2008. Interest
payments will occur within the existing
framework for reserve computation and
maintenance, which includes reserve
averaging, carryover provisions, and
reserve deficiency charges. For both
excess balances and required reserve
balances, interest will be paid on these
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balances averaged over the reserve
maintenance period. This approach is
consistent with the current reserves
framework under which compliance
with reserve requirements is measured
over either a seven-day or a fourteenday reserve maintenance period,
depending generally on the size of the
institution. Interest will be credited to
eligible institutions 15 days after the
close of the maintenance period in order
to apply reserve carryover provisions.
Further details on the interim final rule
are discussed below. Although the
amendments to Regulation D are
effective on October 9, the Board seeks
comments on all aspects of this
proposal.
II. Discussion
A. Eligible Institutions
The Act permits Federal Reserve
Banks to pay interest on balances held
by or on behalf of ‘‘depository
institutions.’’ The Act’s definition of
‘‘depository institution’’ has a broader
meaning than the definition of that term
in section 19(b)(1)(A) of the Federal
Reserve Act and Regulation D. To avoid
confusion, the Board’s rule uses the
term ‘‘eligible institution’’ to refer to
those institutions included in the 2008
Act’s broader definition of ‘‘depository
institution.’’ Therefore, the definition of
‘‘eligible institution’’ includes the
depository institutions defined in
section 19(b)(1)(A) of the Federal
Reserve Act, including banks, savings
associations, savings banks and credit
unions that are federally insured or
eligible to apply for federal insurance.
‘‘Eligible institution’’ also includes trust
companies, Edge and agreement
corporations, and U.S. agencies and
branches of foreign banks. The
definition does not include all entities
for which the Reserve Banks hold
accounts, such as entities for which the
Reserve Banks act as fiscal agents,
including Federal Home Loan Banks.
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B. Rate
Interest will be paid on average
required reserve balances and average
excess balances maintained over a
reserve maintenance period. The Board
has established the initial rate of interest
for required reserve balances to be the
average targeted federal funds rate over
the reserve maintenance period less 10
basis points. Setting this rate below the
targeted federal funds rate reflects the
fact that federal funds loans are
uncollateralized and carry some
counterparty risk, whereas deposits at
the Federal Reserve Banks are free from
such risk. Therefore, establishing some
spread below the funds rate reflects the
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risk-free nature of a deposit at the
central bank. The choice of 10 basis
points is approximately equal to the
average spread between the overnight
rate on repurchase agreements secured
by general Treasury collateral and the
overnight rate on federal funds in recent
years but prior to the onset of the
current financial turmoil.
The Board has established the rate of
interest for excess balances to be the
lowest targeted federal funds rate during
the reserve maintenance period less 75
basis points. The Board believes the rate
on excess balances should be set
sufficiently low to provide an incentive
for eligible institutions to trade funds in
excess of required reserve balances and
clearing balances in the federal funds
market, but to provide a disincentive to
trade funds at rates far below the
targeted federal funds rate. The Board
may adjust the formula for the interest
rate on excess balances in light of
experience and evolving market
conditions. Basing the rate on excess
balances on the lowest rate, rather than
the average rate, for the reserve
maintenance period will support the
funds rate better during periods when
the Federal Open Market Committee
eases monetary policy. If the average
targeted rate were used, then during a
maintenance period in which policy
was eased, the rate on excess balances
might be too close—or even above—the
new targeted rate.
C. Treatment of Correspondent Balances
Balances that earn interest.
Correspondents provide various services
to respondent institutions, such as
check and cash services. Under the
Federal Reserve Act and Regulation D,
certain respondents may also elect to
pass their required reserve balances
through their correspondents to the
Federal Reserve Banks for the purposes
of satisfying reserve requirements,
rather than holding balances directly
with a Reserve Bank. A pass-through
correspondent is responsible for holding
sufficient balances in its account at the
Reserve Bank to satisfy its own required
reserve balance, its own clearing
balance (if any), and the aggregate
required reserve balances of its
respondents. In addition, certain
institutions may act as pass-through
correspondents under the Federal
Reserve Act and Regulation D even
though they are not themselves ‘‘eligible
institutions’’ under this interim final
rule, such as Federal Home Loan Banks.
Under the interim final rule, the
Reserve Banks will pay interest on
required reserve balances maintained by
or on behalf of an eligible institution,
even if the pass-through correspondent
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for the eligible institution is itself not an
eligible institution. In the case of a passthrough correspondent that is not an
eligible institution, the required reserve
balances held in the correspondent’s
account will be solely those held to
meet its respondent’s reserve
requirements. Where the pass-through
correspondent is an eligible institution,
the required reserve balances in the
correspondent’s account may include
those balances held by the
correspondent to meet its own reserve
requirement, if any, as well as those
held to meet its respondent’s reserve
requirements.
The interim final rule also provides
that the Reserve Banks will pay interest
on excess balances held by or on behalf
of eligible institutions, even if the passthrough correspondent for the eligible
institution is itself not an eligible
institution but has excess balances in its
account. Without imposing additional
reporting or accounting requirements,
Reserve Banks cannot determine
whether all or part of the excess
balances in a pass-through
correspondent’s account at a Reserve
Bank are held on behalf of respondents.
In light of this problem, and in order to
avoid imposing additional reporting or
accounting burdens, the interim final
rule deems all of the excess balances
held in the account of a pass-through
correspondent that is not an eligible
institution to be held on behalf of that
correspondent’s respondents.
Accordingly, all interest received on
excess balances by such pass-through
correspondents are attributable solely to
the excess balances of their
respondents.1 This provision enables
pass-through correspondents and
respondents to continue to negotiate the
structure of their contractual
relationships with maximum flexibility,
including negotiations regarding the
appropriate distribution of earnings
received on behalf of respondent
balances.
The Board requests comment on any
alternative methods of determining
whether all or part of the excess
1 This provision is similar to others in Regulation
D regarding the extent to which the Reserve Bank
considers balances to belong to one institution for
purposes of the account relationship, even though
the funds of more than one institution may be
involved. Under Regulation D, the balances in the
pass-through correspondent’s account are treated as
being the property only of the correspondent for
purposes of the relationship between the
correspondent and the Reserve Bank (12 CFR
204.3(i)(2)). This provision means that the Reserve
Bank’s debtor-creditor relationship is solely with
the pass-through correspondent and not with any of
the correspondent’s respondents, even though the
funds in the correspondent’s account may include
the passed-through required reserve balances of one
or more respondents.
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balances in a pass-through
correspondent’s account at a Federal
Reserve Bank are held on behalf of a
respondent when the correspondent
itself is not an eligible institution. For
example, would it be feasible for a passthrough correspondent to report to the
Federal Reserve the amount or
proportion of its excess balances that are
held on behalf of respondents? Should
the Board require pass-through
correspondents to certify that all or a
specified portion of the excess balances
in its Reserve Bank account are held on
behalf of its respondents? Should the
Board require all balances held by a
pass-through correspondent on behalf of
its respondent institutions to be held in
a segregated account separate from the
correspondent’s other funds? Would a
pass-through correspondent that was
not an eligible institution be able to
track respondent balances such that it
could determine what proportion of its
balances in its Reserve Bank account are
held on behalf of its respondents?
Alternately, would it be reasonable for
the Board to assume that none of the
pass-through correspondent’s excess
balances are held on behalf of a
respondent?
Passing back of interest to
respondents. The interim final rule
provides that a pass-through
correspondent may pass back to its
respondent the interest paid on balances
held on behalf of that respondent, but it
is not required to do so. Permitting, but
not requiring, the pass-back of interest
earnings is consistent with the treatment
of reserve deficiency charges in
Regulation D. The Reserve Bank
assesses a deficiency charge to the
account of the pass-through
correspondent for any deficiency in its
account balances, even if the deficiency
is attributable to a respondent. It is left
to the pass-through correspondent to
determine whether to assess a
deficiency charge on the respondent, or
whether to make any adjustments in
other aspects of the correspondentrespondent relationship to deal with
attribution of deficiency and other
charges.
This approach also avoids interfering
with existing arrangements between
pass-through correspondents and
respondents for services, including
sweep arrangements or compensating
balance requirements. Correspondent
banks typically structure their
respondent relationships in myriad
ways, depending on a number of factors,
such as services provided or balances
held. Respondents may adjust the level
of balances held with a correspondent
in response to changes in the rates paid
to them or other factors. Respondents
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that are not satisfied with their existing
arrangements with a correspondent may
take steps to renegotiate the terms of the
relationship or even seek another
correspondent.
The Board requests comment on
whether it should require, rather than
permit, pass-through correspondents to
pass back to their respondents the
interest payments on balances held on
behalf of those respondents. Would that
requirement significantly interfere with
existing correspondent-respondent
arrangements? Would pass-through
correspondents be able to track
respondent balances such that they
could determine how to allocate the
interest among their respondents? How
would the Federal Reserve ensure that
all interest belonging to a respondent
had in fact been passed back?
Exemption from Regulation Q. Many
eligible institutions are subject to
statutory and regulatory prohibitions
against payment of interest on demand
deposits (see, e.g., 12 U.S.C. 461(i);
Regulation Q (Prohibition Against
Payment of Interest on Demand
Deposits), 12 CFR part 217)). The 2006
Act, however, expressly authorizes the
Board to prescribe regulations to allow
pass-through correspondents to pass
interest back to respondents. Congress
therefore contemplated that passthrough correspondents could pass back
part or all of the interest received in a
correspondent’s Reserve Bank account
to its respondents, even though the
payment of interest on demand deposit
accounts is still otherwise prohibited.
The interim final rule, therefore,
clarifies that when a pass-through
correspondent passes back to its
respondent interest paid on balances
held on behalf of that respondent, such
a payment is not a payment of interest
on a demand deposit for purposes of
Regulation Q.
D. Transitional Adjustments in Mergers
The Board is eliminating the
provisions in Regulation D relating to
merger-related adjustments to reserve
requirements.2 These provisions,
currently set forth in § 204.4 of the
regulation, were originally intended to
phase-in the burden associated with the
higher reserve requirements that result
from a merger or consolidation of
depository institutions. When two or
more separate institutions merge or
consolidate into a single institution, the
surviving institution typically has a
reserve requirement that is higher than
2 Adjustments associated with mergers completed
prior to October 9, 2008, will be left in place, but
no new adjustments would be issued on or after
October 9, 2008.
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the sum of the reserve requirements of
the merging institutions. The
requirement is higher because the
merged institution receives only one
low reserve tranche and one exemption
amount, while, prior to the merger, each
institution had a low reserve tranche
and an exemption amount.3 Section
204.4 of Regulation D permits a phasein of the higher reserve tax associated
with a merger or consolidation over
seven quarters. Interest on required
reserve balances offers a much more
effective method to address the reserve
tax associated with mergers or
consolidations because the interest
earned essentially eliminates the
additional tax. Moreover, the length of
the adjustment period is sufficiently
long that many institutions become part
of subsequent mergers, resulting in
significant complexities in required
reserves calculations. The Board
believes that paying interest on required
reserve balances effectively negates the
need for the complex adjustment
provisions and therefore has deleted
them in the interim final rule.
E. Clearing Balance Policy Adjustments
Clearing balances provide a way for
depository institutions to hold
additional balances at the Reserve Banks
to meet their clearing needs. These
balances currently earn implicit interest
in the form of earnings credits that can
be used to cover the cost of Federal
Reserve priced services. Under the
current methodology for pricing Federal
Reserve services, the level of clearing
balances affect both costs and revenues
for Federal Reserve priced services.
In light of the revisions to Regulation
D, the Board has approved two related
changes to the method in which
earnings credits are calculated, along
with a similar change to the method in
which float costs to be recovered are
computed. These changes discontinue
practices related to reserve requirements
that are no longer necessary. These
adjustments previously had been made
to ensure that respondents viewed
balances at the Federal Reserve Banks
and balances at a private-sector
correspondent as equivalent.
The first earnings credit adjustment,
called the ‘‘imputed reserve requirement
adjustment,’’ imputes a marginal reserve
requirement ratio of 10 percent to the
Reserve Banks because a private-sector
correspondent would be required to
3 The exemption amount is the amount of an
institution’s reservable liabilities that are subject to
a zero-percent reserve requirement; currently it is
set at $10.3 million. The low reserve tranche is the
amount of an institution’s reservable liabilities that
is subject to the three-percent reserve requirement
ratio; currently, it is set at 44.4 million.
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hold reserves against a respondent’s
balance. If the correspondent had a
marginal reserve requirement ratio of 10
percent, then it would grant credits to
the respondent based on only 90 percent
of the respondent’s balance because it
would have to hold the remaining 10
percent in the form of non-interestearning reserves. The Board has
eliminated this adjustment because the
reserves on the respondent’s balance
would now earn interest at the rate on
required reserve balances.
The second earnings credit
adjustment, called the ‘‘marginal reserve
requirement adjustment,’’ adjusts for the
fact that the respondent could deduct
the balance held at a correspondent, but
not at the Reserve Bank, from its
reservable liabilities. The reserve
requirement reduction is equal to the
respondent’s marginal reserve
requirement ratio multiplied by the
balance at the correspondent. This
reduction has value to the respondent
when it frees up balances that can be
invested in interest-bearing instruments,
such as a federal funds loan. The Board
has eliminated this adjustment because
the respondent will now be indifferent
between holding balances at the Reserve
Bank, and earning the rate on required
reserves, or maintaining the balance at
a private-sector correspondent, taking
the due from deduction, and investing
those funds.
The Board has also eliminated the
imputed reserve requirement
adjustment and adjustment for cash
items in the process of collection that is
applied when measuring float costs to
be recovered by Federal Reserve priced
services. The Reserve Banks will now
have to recover 100 percent of float
costs. Previously, floats costs recovered
by priced services were reduced by 10
percent. The adjustment imputed a
reserve requirement to the Reserve
Bank, but it also allowed the Reserve
Banks to adjust the imputed required
reserves by the adjustment for cash
items. This approach mirrored that of a
private-sector correspondent. There is
no longer a need to impute a reserve
requirement to the Reserve Banks
because the private-sector
correspondent will now earn interest on
its required reserve balance. As a result,
the Reserve Banks are no longer entitled
to an adjustment for cash items.
the public interest. In addition,
pursuant to APA section 553(d) (5
U.S.C. 553(d)), the Board finds good
cause for making this amendment
effective without 30 days advance
publication. The Board has adopted this
rule in light of, and to help address, the
continuing unusual and exigent
circumstances in the financial markets.
This rule provides tools for carrying out
monetary policy more effectively. Thus,
the Board believes that any delay in
implementing the rule would prove
contrary to the public interest and
would be contrary to Congress’s intent
in accelerating the Board’s authority to
use these new tools to help address
current market conditions. The Board is
requesting comment on all aspects of
the rule and will make any changes that
it considers appropriate or necessary
after review of any comments received.
Administrative Procedure Act
In accordance with the
Administrative Procedure Act (‘‘APA’’)
section 553(b) (5 U.S.C. 553(b)), the
Board finds, for good cause, that
providing notice and an opportunity for
public comment before the effective
date of this rule would be contrary to
Plain Language
Section 772 of the Gramm-LeachBliley Act requires the Board to use
‘‘plain language’’ in all proposed and
final rules. In light of this requirement,
the Board has sought to present the
interim final rule in a simple and
straightforward manner. The Board
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Regulatory Flexibility Act
The Regulatory Flexibility Act
requires an agency that is issuing a final
rule to prepare and make available a
regulatory flexibility analysis that
describes the impact of the final rule on
small entities. 5 U.S.C. 603(a). The
Regulatory Flexibility Act provides that
an agency is not required to prepare and
publish a regulatory flexibility analysis
if the agency certifies that the final rule
will not have a significant economic
impact on a substantial number of small
entities. 5 U.S.C. 605(b).
Pursuant to section 605(b), the Board
certifies that this interim final rule will
not have a significant economic impact
on a substantial number of small
entities. The rule implements a program
for paying interest on certain balances
held by eligible institutions at the
Federal Reserve Banks and will benefit
small institutions that receive such
interest. There are no new reporting,
recordkeeping, or other compliance
requirements associated with this rule.
Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act (44 U.S.C. 3506; 5 CFR
part 1320 Appendix A.1), the Board has
reviewed the interim final rule under
authority delegated to the Board by the
Office of Management and Budget. The
rule contains no collections of
information pursuant to the Paperwork
Reduction Act.
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59485
invites comment on whether the Board
could take additional steps to make the
rule easier to understand.
List of Subjects in 12 CFR Part 204
Banks, banking, Reporting and
recordkeeping requirements.
Authority and Issuance
For the reasons set forth in the
preamble, the Board is amending 12
CFR part 204 as follows:
■
PART 204—RESERVE
REQUIREMENTS OF DEPOSITORY
INSTITUTIONS (REGULATION D)
1. The authority citation for part 204
continues to read as follows:
■
Authority: 12 U.S.C. 248(a), 248(c), 371a,
461, 601, 611, and 3105.
2. Section 204.4 is removed and
reserved.
■
§ 204.4
[Reserved]
3. Section 204.10 is added to read as
follows:
■
§ 204.10
Payment of interest on balances.
(a) Payment of interest. The Federal
Reserve Banks shall pay interest on
balances maintained at Federal Reserve
Banks by or on behalf of an eligible
institution as provided in this section
and under such other terms and
conditions as the Board may prescribe.
(b) Rate. Except as provided in
paragraph (c) of this section, Federal
Reserve Banks shall pay interest at the
following rates—
(1) For required reserve balances, at
the average targeted federal funds rate
over the reserve maintenance period
less 10 basis points; and
(2) For excess balances, at the lowest
targeted federal funds rate during the
reserve maintenance period less 75 basis
points.
(c) Pass-through balances. Any excess
balance held by a pass-through
correspondent that is not an eligible
institution is deemed to be held on
behalf of the pass-through
correspondent’s respondents. A passthrough correspondent may pass back to
its respondent interest paid on balances
held on behalf of that respondent. Such
a payment is not a payment of interest
on a demand deposit for purposes of
Part 217 of this chapter (Regulation Q).
(d) Definitions. For purposes of this
section—
(1) Clearing balance means the
amount that an eligible institution holds
to satisfy a contractual clearing balance
agreement with a Federal Reserve Bank,
in addition to any required reserve
balance.
(2) Eligible institution means—
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(i) Any depository institution as
described in § 204.1(c) of this part;
(ii) Any trust company;
(iii) Any corporation organized under
section 25A of the Federal Reserve Act
(12 U.S.C. 611 et seq.) or having an
agreement with the Board under section
25 of the Federal Reserve Act (12 U.S.C.
601 et seq.); and
(iv) Any branch or agency of a foreign
bank (as defined in section 1(b) of the
International Banking Act of 1978, 12
U.S.C. 3101(b)).
(3) Excess balance means the average
balance held in an account at a Federal
Reserve Bank by or on behalf of an
eligible institution over a reserve
maintenance period that exceeds the
sum of the required reserve balance and
any clearing balance.
(4) Required reserve balance means
the average balance held in an account
at a Federal Reserve Bank by or on
behalf of an eligible institution over a
reserve maintenance period to satisfy
the reserve requirements of this part.
(5) Targeted federal funds rate means
the federal funds rate established from
time to time by the Federal Open Market
Committee.
By order of the Board of Governors of the
Federal Reserve System, October 6, 2008.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. E8–24003 Filed 10–8–08; 8:45 am]
BILLING CODE 6210–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–0302; Directorate
Identifier 2007–NM–323–AD; Amendment
39–15689; AD 2008–21–05]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 767–200, –300, and –400ER
Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
erowe on PROD1PC64 with RULES
AGENCY:
SUMMARY: The FAA is superseding an
existing airworthiness directive (AD),
which applies to certain Boeing Model
767–200, –300, and –400ER series
airplanes. That AD currently requires an
inspection to determine if the doormounted escape slide/rafts have certain
part numbers. This new AD does not
retain that requirement. This new AD
continues to require an inspection for
excessive tension of the firing cable, and
VerDate Aug<31>2005
15:31 Oct 08, 2008
Jkt 214001
procedures for providing slack in the
firing cable or rerouting the firing cable
if necessary. For certain airplanes, this
new AD also requires a review of the
airplane maintenance records to
determine if a certain service bulletin
has been incorporated, or an inspection
to determine if certain door-mounted
escape slide/rafts are installed. This
new AD also requires modification of
certain escape slide/rafts. This AD
results from reports of uncommanded
inflation inside the airplane of a doormounted escape slide/raft located in the
passenger compartment. We are issuing
this AD to prevent injury to
maintenance personnel, passengers, and
crew during otherwise normal operating
conditions and to prevent interference
with evacuation of the airplane during
an emergency, due to uncommanded
inflation of a door-mounted escape
slide/raft.
DATES: This AD becomes effective
November 13, 2008.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of November 13, 2008.
On June 30, 2005 (70 FR 34638, June
15, 2005), the Director of the Federal
Register approved the incorporation by
reference of a certain other publication.
ADDRESSES: For service information
identified in this AD, contact Boeing
Commercial Airplanes, P.O. Box 3707,
Seattle, Washington 98124–2207.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this AD, the regulatory
evaluation, any comments received, and
other information. The address for the
Docket Office (telephone 800–647–5527)
is the Document Management Facility,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Keith Ladderud, Aerospace Engineer,
Cabin Safety and Environmental
Systems Branch, ANM–150S, FAA,
Seattle Aircraft Certification Office,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 917–6435; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
part 39 to include an AD that
supersedes AD 2005–12–14, amendment
39–14130 (70 FR 34638, June 15, 2005).
The existing AD applies to certain
Boeing Model 767–200, –300, and
–400ER series airplanes. That NPRM
was published in the Federal Register
on March 18, 2008 (73 FR 14405). That
NPRM proposed to continue to require
an inspection to determine if the doormounted escape slide/rafts have certain
part numbers. For those door-mounted
escape slide/rafts having certain part
numbers, the NPRM also proposed to
continue to require an inspection for
excessive tension of the firing cable, and
procedures for providing slack in the
firing cable or rerouting the firing cable
if necessary. For certain airplanes, the
NPRM also proposed to require a review
of the airplane maintenance records to
determine if a certain service bulletin
has been incorporated, or an inspection
to determine if certain door-mounted
escape slide/rafts are installed. The
NPRM also proposed to require
modification of certain escape slide/
rafts.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments that have
been received on the NPRM.
Request To Refer to Certain Part
Numbers (P/Ns) in the Applicability
Boeing requests that we revise the
applicability to Boeing Model 767–200,
–300, and –400ER series airplanes,
certificated in any category; as
identified in Boeing Alert Service
Bulletin 767–25A0395, dated August 31,
2006; equipped with Goodrich doormounted slide/rafts having P/Ns
5A3294–1, 5A3294–2, 5A3295–1, or
5A3295–3. As justification, Boeing
states that this change clarifies that this
AD applies only to certain Goodrich
door-mounted slides/rafts. Boeing also
states the applicability of the NPRM, as
written, might require an alternative
method of compliance (AMOC) for
airplanes having other door-mounted
slides/rafts.
We agree to revise the applicability of
this AD as requested by Boeing for the
reasons stated above, except that
paragraph (c) of this AD refers to
Revision 1 of the service bulletin, dated
January 25, 2007. Since we have added
the affected part numbers for the
discrepant door-mounted slides/rafts to
the applicability of this AD, it is no
longer necessary to require the
inspection to determine the part
numbers as specified in paragraph (f) of
the NPRM. Therefore, we have deleted
E:\FR\FM\09OCR1.SGM
09OCR1
Agencies
[Federal Register Volume 73, Number 197 (Thursday, October 9, 2008)]
[Rules and Regulations]
[Pages 59482-59486]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24003]
=======================================================================
-----------------------------------------------------------------------
FEDERAL RESERVE SYSTEM
12 CFR Part 204
[Regulation D; Docket No. R-1334]
Reserve Requirements of Depository Institutions
AGENCY: Board of Governors of the Federal Reserve System.
ACTION: Interim final rule; request for public comment.
-----------------------------------------------------------------------
SUMMARY: Under authority of section 128 of the Emergency Economic
Stabilization Act of 2008, the Board is amending Regulation D, Reserve
Requirements of Depository Institutions, to direct Federal Reserve
Banks to pay interest on balances held at Reserve Banks to satisfy
reserve requirements and on balances held in excess of required reserve
balances and clearing balances. The Board is also making associated
minor changes to its clearing balance policy and the method for
recovering float costs.
DATES: Effective date: This interim final rule is effective October 9,
2008. Comments must be received on or before November 21, 2008.
ADDRESSES: You may submit comments, identified by Docket No. R-1334, by
any of the following methods:
Agency Web Site: https://www.federalreserve.gov. Follow the
instructions for submitting comments at https://www.federalreserve.gov/
generalinfo/foia/ProposedRegs.cfm.
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: regs.comments@federalreserve.gov. Include the docket number
in the subject line of the message.
Fax: (202) 452-3819 or (202) 452-3102.
Mail: Jennifer J. Johnson, Secretary, Board of Governors of the
Federal Reserve System, 20th Street and Constitution Avenue, NW.,
Washington, DC 20551.
All public comments are available from the Board's Web site at
https://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm as
submitted, unless modified for technical reasons. Accordingly, your
comments will not be edited to remove any identifying or contact
information.
Public comments may also be viewed electronically or in paper in
Room MP-500 of the Board's Martin Building (20th and C Streets, NW.)
between 9 a.m. and 5 p.m. on weekdays.
FOR FURTHER INFORMATION CONTACT: Sophia H. Allison, Senior Counsel
(202/452-3565), Legal Division, or Margaret Gillis DeBoer, Senior
Financial Analyst (202/452-3139), Division of Monetary Affairs; for
information with respect to the clearing balance policy and float
calculations, Jonathan Mueller, Senior Financial Analyst (202-530-
6291), Division of Reserve Bank Operations and Payment Systems; for
users of Telecommunications Device for the Deaf (TDD) only, contact
(202/263-4869); Board of Governors of the Federal Reserve System, 20th
and C Streets, NW., Washington, DC 20551.
SUPPLEMENTARY INFORMATION:
I. Background
Section 128 of the Emergency Economic Stabilization Act of 2008,
enacted on October 3, 2008 (the ``2008 Act''), accelerated the
effective date of the authority for the Federal Reserve Banks to pay
earnings on balances maintained at the Reserve Banks by or on behalf of
depository institutions. The 2008 Act made this authority effective on
October 1, 2008. This authority was originally enacted in Title II of
the Financial Services Regulatory Relief Act of 2006 (the ``2006 Act'')
(Pub. L. 109-351, 120 Stat. 1966 (Oct. 13, 2006), with an original
effective date of October 1, 2011. The 2006 Act provides that such
earnings must be paid at least once each quarter at a rate not to
exceed the general level of short-term interest rates. The 2006 Act
also provides that the Board may prescribe regulations concerning the
payment of earnings, the distribution of earnings to the depository
institutions that maintain balances or on whose behalf balances are
maintained, and the responsibilities of correspondents to distribute
and credit earnings on balances maintained by the respondent on a pass-
through basis with the correspondent.
The Board is publishing this interim final rule amending Regulation
D (Reserve Requirements of Depository Institutions) to direct the
Federal Reserve Banks to pay interest on balances held at Reserve Banks
to satisfy reserve requirements (``required reserve balances'') and
balances held in excess of required reserve balances and clearing
balances (``excess balances''). Reserve Banks will not pay explicit
interest on clearing balances (balances that an institution holds to
satisfy a contractual clearing balance agreement). Clearing balances
will, however, continue to earn earnings credits under the existing
clearing balance policy, although the Board has made minor adjustments
to the calculations of earnings credits and float costs to be recovered
that are related to reserve requirements. In addition, the Board has
eliminated transitional adjustments for reserve requirements in the
event of a merger or consolidation.
In the past, the absence of interest payments on required reserve
balances acted as a tax on depository institutions' issuance of
deposits subject to reserve requirements. To the extent that depository
institutions could not satisfy reserve requirements with vault cash,
they were required to hold more balances than they otherwise would in a
non-interest-bearing account at a Reserve Bank. The absence of interest
on excess balances has meant that, when reserve supply significantly
exceeds demand, the federal funds rate can fall to as low as zero.
The ability to pay interest on balances held at Reserve Banks
should help promote efficiency and stability in the banking sector.
Paying interest on excess balances will permit the Federal Reserve to
expand its balance sheet as necessary to provide sufficient liquidity
to support financial stability while implementing the monetary policy
that is appropriate in light of the System's macroeconomic objectives
of maximum employment and price stability. Paying interest on excess
balances should also help to establish a lower bound on the federal
funds rate. Eligible institutions (defined below) will presumably be
unwilling to lend balances in the funds market at a rate much below
that paid on excess balances maintained at a Reserve Bank. In addition,
paying interest on required reserve balances will eliminate much of the
reserve tax and lessen the incentive for depository institutions to
engage in reserve avoidance behavior, which absorbs real resources and
diminishes the efficiency of the banking system.
In light of the current severe strains in financial markets, the
amendments to Regulation D will be effective on Thursday, October 9,
2008. Interest will be calculated beginning with the biweekly reserve
maintenance period ending October 22, 2008, and the weekly reserve
maintenance period ending October 15, 2008. Interest payments will
occur within the existing framework for reserve computation and
maintenance, which includes reserve averaging, carryover provisions,
and reserve deficiency charges. For both excess balances and required
reserve balances, interest will be paid on these
[[Page 59483]]
balances averaged over the reserve maintenance period. This approach is
consistent with the current reserves framework under which compliance
with reserve requirements is measured over either a seven-day or a
fourteen-day reserve maintenance period, depending generally on the
size of the institution. Interest will be credited to eligible
institutions 15 days after the close of the maintenance period in order
to apply reserve carryover provisions. Further details on the interim
final rule are discussed below. Although the amendments to Regulation D
are effective on October 9, the Board seeks comments on all aspects of
this proposal.
II. Discussion
A. Eligible Institutions
The Act permits Federal Reserve Banks to pay interest on balances
held by or on behalf of ``depository institutions.'' The Act's
definition of ``depository institution'' has a broader meaning than the
definition of that term in section 19(b)(1)(A) of the Federal Reserve
Act and Regulation D. To avoid confusion, the Board's rule uses the
term ``eligible institution'' to refer to those institutions included
in the 2008 Act's broader definition of ``depository institution.''
Therefore, the definition of ``eligible institution'' includes the
depository institutions defined in section 19(b)(1)(A) of the Federal
Reserve Act, including banks, savings associations, savings banks and
credit unions that are federally insured or eligible to apply for
federal insurance. ``Eligible institution'' also includes trust
companies, Edge and agreement corporations, and U.S. agencies and
branches of foreign banks. The definition does not include all entities
for which the Reserve Banks hold accounts, such as entities for which
the Reserve Banks act as fiscal agents, including Federal Home Loan
Banks.
B. Rate
Interest will be paid on average required reserve balances and
average excess balances maintained over a reserve maintenance period.
The Board has established the initial rate of interest for required
reserve balances to be the average targeted federal funds rate over the
reserve maintenance period less 10 basis points. Setting this rate
below the targeted federal funds rate reflects the fact that federal
funds loans are uncollateralized and carry some counterparty risk,
whereas deposits at the Federal Reserve Banks are free from such risk.
Therefore, establishing some spread below the funds rate reflects the
risk-free nature of a deposit at the central bank. The choice of 10
basis points is approximately equal to the average spread between the
overnight rate on repurchase agreements secured by general Treasury
collateral and the overnight rate on federal funds in recent years but
prior to the onset of the current financial turmoil.
The Board has established the rate of interest for excess balances
to be the lowest targeted federal funds rate during the reserve
maintenance period less 75 basis points. The Board believes the rate on
excess balances should be set sufficiently low to provide an incentive
for eligible institutions to trade funds in excess of required reserve
balances and clearing balances in the federal funds market, but to
provide a disincentive to trade funds at rates far below the targeted
federal funds rate. The Board may adjust the formula for the interest
rate on excess balances in light of experience and evolving market
conditions. Basing the rate on excess balances on the lowest rate,
rather than the average rate, for the reserve maintenance period will
support the funds rate better during periods when the Federal Open
Market Committee eases monetary policy. If the average targeted rate
were used, then during a maintenance period in which policy was eased,
the rate on excess balances might be too close--or even above--the new
targeted rate.
C. Treatment of Correspondent Balances
Balances that earn interest. Correspondents provide various
services to respondent institutions, such as check and cash services.
Under the Federal Reserve Act and Regulation D, certain respondents may
also elect to pass their required reserve balances through their
correspondents to the Federal Reserve Banks for the purposes of
satisfying reserve requirements, rather than holding balances directly
with a Reserve Bank. A pass-through correspondent is responsible for
holding sufficient balances in its account at the Reserve Bank to
satisfy its own required reserve balance, its own clearing balance (if
any), and the aggregate required reserve balances of its respondents.
In addition, certain institutions may act as pass-through
correspondents under the Federal Reserve Act and Regulation D even
though they are not themselves ``eligible institutions'' under this
interim final rule, such as Federal Home Loan Banks.
Under the interim final rule, the Reserve Banks will pay interest
on required reserve balances maintained by or on behalf of an eligible
institution, even if the pass-through correspondent for the eligible
institution is itself not an eligible institution. In the case of a
pass-through correspondent that is not an eligible institution, the
required reserve balances held in the correspondent's account will be
solely those held to meet its respondent's reserve requirements. Where
the pass-through correspondent is an eligible institution, the required
reserve balances in the correspondent's account may include those
balances held by the correspondent to meet its own reserve requirement,
if any, as well as those held to meet its respondent's reserve
requirements.
The interim final rule also provides that the Reserve Banks will
pay interest on excess balances held by or on behalf of eligible
institutions, even if the pass-through correspondent for the eligible
institution is itself not an eligible institution but has excess
balances in its account. Without imposing additional reporting or
accounting requirements, Reserve Banks cannot determine whether all or
part of the excess balances in a pass-through correspondent's account
at a Reserve Bank are held on behalf of respondents. In light of this
problem, and in order to avoid imposing additional reporting or
accounting burdens, the interim final rule deems all of the excess
balances held in the account of a pass-through correspondent that is
not an eligible institution to be held on behalf of that
correspondent's respondents. Accordingly, all interest received on
excess balances by such pass-through correspondents are attributable
solely to the excess balances of their respondents.\1\ This provision
enables pass-through correspondents and respondents to continue to
negotiate the structure of their contractual relationships with maximum
flexibility, including negotiations regarding the appropriate
distribution of earnings received on behalf of respondent balances.
---------------------------------------------------------------------------
\1\ This provision is similar to others in Regulation D
regarding the extent to which the Reserve Bank considers balances to
belong to one institution for purposes of the account relationship,
even though the funds of more than one institution may be involved.
Under Regulation D, the balances in the pass-through correspondent's
account are treated as being the property only of the correspondent
for purposes of the relationship between the correspondent and the
Reserve Bank (12 CFR 204.3(i)(2)). This provision means that the
Reserve Bank's debtor-creditor relationship is solely with the pass-
through correspondent and not with any of the correspondent's
respondents, even though the funds in the correspondent's account
may include the passed-through required reserve balances of one or
more respondents.
---------------------------------------------------------------------------
The Board requests comment on any alternative methods of
determining whether all or part of the excess
[[Page 59484]]
balances in a pass-through correspondent's account at a Federal Reserve
Bank are held on behalf of a respondent when the correspondent itself
is not an eligible institution. For example, would it be feasible for a
pass-through correspondent to report to the Federal Reserve the amount
or proportion of its excess balances that are held on behalf of
respondents? Should the Board require pass-through correspondents to
certify that all or a specified portion of the excess balances in its
Reserve Bank account are held on behalf of its respondents? Should the
Board require all balances held by a pass-through correspondent on
behalf of its respondent institutions to be held in a segregated
account separate from the correspondent's other funds? Would a pass-
through correspondent that was not an eligible institution be able to
track respondent balances such that it could determine what proportion
of its balances in its Reserve Bank account are held on behalf of its
respondents? Alternately, would it be reasonable for the Board to
assume that none of the pass-through correspondent's excess balances
are held on behalf of a respondent?
Passing back of interest to respondents. The interim final rule
provides that a pass-through correspondent may pass back to its
respondent the interest paid on balances held on behalf of that
respondent, but it is not required to do so. Permitting, but not
requiring, the pass-back of interest earnings is consistent with the
treatment of reserve deficiency charges in Regulation D. The Reserve
Bank assesses a deficiency charge to the account of the pass-through
correspondent for any deficiency in its account balances, even if the
deficiency is attributable to a respondent. It is left to the pass-
through correspondent to determine whether to assess a deficiency
charge on the respondent, or whether to make any adjustments in other
aspects of the correspondent-respondent relationship to deal with
attribution of deficiency and other charges.
This approach also avoids interfering with existing arrangements
between pass-through correspondents and respondents for services,
including sweep arrangements or compensating balance requirements.
Correspondent banks typically structure their respondent relationships
in myriad ways, depending on a number of factors, such as services
provided or balances held. Respondents may adjust the level of balances
held with a correspondent in response to changes in the rates paid to
them or other factors. Respondents that are not satisfied with their
existing arrangements with a correspondent may take steps to
renegotiate the terms of the relationship or even seek another
correspondent.
The Board requests comment on whether it should require, rather
than permit, pass-through correspondents to pass back to their
respondents the interest payments on balances held on behalf of those
respondents. Would that requirement significantly interfere with
existing correspondent-respondent arrangements? Would pass-through
correspondents be able to track respondent balances such that they
could determine how to allocate the interest among their respondents?
How would the Federal Reserve ensure that all interest belonging to a
respondent had in fact been passed back?
Exemption from Regulation Q. Many eligible institutions are subject
to statutory and regulatory prohibitions against payment of interest on
demand deposits (see, e.g., 12 U.S.C. 461(i); Regulation Q (Prohibition
Against Payment of Interest on Demand Deposits), 12 CFR part 217)). The
2006 Act, however, expressly authorizes the Board to prescribe
regulations to allow pass-through correspondents to pass interest back
to respondents. Congress therefore contemplated that pass-through
correspondents could pass back part or all of the interest received in
a correspondent's Reserve Bank account to its respondents, even though
the payment of interest on demand deposit accounts is still otherwise
prohibited. The interim final rule, therefore, clarifies that when a
pass-through correspondent passes back to its respondent interest paid
on balances held on behalf of that respondent, such a payment is not a
payment of interest on a demand deposit for purposes of Regulation Q.
D. Transitional Adjustments in Mergers
The Board is eliminating the provisions in Regulation D relating to
merger-related adjustments to reserve requirements.\2\ These
provisions, currently set forth in Sec. 204.4 of the regulation, were
originally intended to phase-in the burden associated with the higher
reserve requirements that result from a merger or consolidation of
depository institutions. When two or more separate institutions merge
or consolidate into a single institution, the surviving institution
typically has a reserve requirement that is higher than the sum of the
reserve requirements of the merging institutions. The requirement is
higher because the merged institution receives only one low reserve
tranche and one exemption amount, while, prior to the merger, each
institution had a low reserve tranche and an exemption amount.\3\
Section 204.4 of Regulation D permits a phase-in of the higher reserve
tax associated with a merger or consolidation over seven quarters.
Interest on required reserve balances offers a much more effective
method to address the reserve tax associated with mergers or
consolidations because the interest earned essentially eliminates the
additional tax. Moreover, the length of the adjustment period is
sufficiently long that many institutions become part of subsequent
mergers, resulting in significant complexities in required reserves
calculations. The Board believes that paying interest on required
reserve balances effectively negates the need for the complex
adjustment provisions and therefore has deleted them in the interim
final rule.
---------------------------------------------------------------------------
\2\ Adjustments associated with mergers completed prior to
October 9, 2008, will be left in place, but no new adjustments would
be issued on or after October 9, 2008.
\3\ The exemption amount is the amount of an institution's
reservable liabilities that are subject to a zero-percent reserve
requirement; currently it is set at $10.3 million. The low reserve
tranche is the amount of an institution's reservable liabilities
that is subject to the three-percent reserve requirement ratio;
currently, it is set at 44.4 million.
---------------------------------------------------------------------------
E. Clearing Balance Policy Adjustments
Clearing balances provide a way for depository institutions to hold
additional balances at the Reserve Banks to meet their clearing needs.
These balances currently earn implicit interest in the form of earnings
credits that can be used to cover the cost of Federal Reserve priced
services. Under the current methodology for pricing Federal Reserve
services, the level of clearing balances affect both costs and revenues
for Federal Reserve priced services.
In light of the revisions to Regulation D, the Board has approved
two related changes to the method in which earnings credits are
calculated, along with a similar change to the method in which float
costs to be recovered are computed. These changes discontinue practices
related to reserve requirements that are no longer necessary. These
adjustments previously had been made to ensure that respondents viewed
balances at the Federal Reserve Banks and balances at a private-sector
correspondent as equivalent.
The first earnings credit adjustment, called the ``imputed reserve
requirement adjustment,'' imputes a marginal reserve requirement ratio
of 10 percent to the Reserve Banks because a private-sector
correspondent would be required to
[[Page 59485]]
hold reserves against a respondent's balance. If the correspondent had
a marginal reserve requirement ratio of 10 percent, then it would grant
credits to the respondent based on only 90 percent of the respondent's
balance because it would have to hold the remaining 10 percent in the
form of non-interest-earning reserves. The Board has eliminated this
adjustment because the reserves on the respondent's balance would now
earn interest at the rate on required reserve balances.
The second earnings credit adjustment, called the ``marginal
reserve requirement adjustment,'' adjusts for the fact that the
respondent could deduct the balance held at a correspondent, but not at
the Reserve Bank, from its reservable liabilities. The reserve
requirement reduction is equal to the respondent's marginal reserve
requirement ratio multiplied by the balance at the correspondent. This
reduction has value to the respondent when it frees up balances that
can be invested in interest-bearing instruments, such as a federal
funds loan. The Board has eliminated this adjustment because the
respondent will now be indifferent between holding balances at the
Reserve Bank, and earning the rate on required reserves, or maintaining
the balance at a private-sector correspondent, taking the due from
deduction, and investing those funds.
The Board has also eliminated the imputed reserve requirement
adjustment and adjustment for cash items in the process of collection
that is applied when measuring float costs to be recovered by Federal
Reserve priced services. The Reserve Banks will now have to recover 100
percent of float costs. Previously, floats costs recovered by priced
services were reduced by 10 percent. The adjustment imputed a reserve
requirement to the Reserve Bank, but it also allowed the Reserve Banks
to adjust the imputed required reserves by the adjustment for cash
items. This approach mirrored that of a private-sector correspondent.
There is no longer a need to impute a reserve requirement to the
Reserve Banks because the private-sector correspondent will now earn
interest on its required reserve balance. As a result, the Reserve
Banks are no longer entitled to an adjustment for cash items.
Administrative Procedure Act
In accordance with the Administrative Procedure Act (``APA'')
section 553(b) (5 U.S.C. 553(b)), the Board finds, for good cause, that
providing notice and an opportunity for public comment before the
effective date of this rule would be contrary to the public interest.
In addition, pursuant to APA section 553(d) (5 U.S.C. 553(d)), the
Board finds good cause for making this amendment effective without 30
days advance publication. The Board has adopted this rule in light of,
and to help address, the continuing unusual and exigent circumstances
in the financial markets. This rule provides tools for carrying out
monetary policy more effectively. Thus, the Board believes that any
delay in implementing the rule would prove contrary to the public
interest and would be contrary to Congress's intent in accelerating the
Board's authority to use these new tools to help address current market
conditions. The Board is requesting comment on all aspects of the rule
and will make any changes that it considers appropriate or necessary
after review of any comments received.
Regulatory Flexibility Act
The Regulatory Flexibility Act requires an agency that is issuing a
final rule to prepare and make available a regulatory flexibility
analysis that describes the impact of the final rule on small entities.
5 U.S.C. 603(a). The Regulatory Flexibility Act provides that an agency
is not required to prepare and publish a regulatory flexibility
analysis if the agency certifies that the final rule will not have a
significant economic impact on a substantial number of small entities.
5 U.S.C. 605(b).
Pursuant to section 605(b), the Board certifies that this interim
final rule will not have a significant economic impact on a substantial
number of small entities. The rule implements a program for paying
interest on certain balances held by eligible institutions at the
Federal Reserve Banks and will benefit small institutions that receive
such interest. There are no new reporting, recordkeeping, or other
compliance requirements associated with this rule.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act (44 U.S.C. 3506; 5
CFR part 1320 Appendix A.1), the Board has reviewed the interim final
rule under authority delegated to the Board by the Office of Management
and Budget. The rule contains no collections of information pursuant to
the Paperwork Reduction Act.
Plain Language
Section 772 of the Gramm-Leach-Bliley Act requires the Board to use
``plain language'' in all proposed and final rules. In light of this
requirement, the Board has sought to present the interim final rule in
a simple and straightforward manner. The Board invites comment on
whether the Board could take additional steps to make the rule easier
to understand.
List of Subjects in 12 CFR Part 204
Banks, banking, Reporting and recordkeeping requirements.
Authority and Issuance
0
For the reasons set forth in the preamble, the Board is amending 12 CFR
part 204 as follows:
PART 204--RESERVE REQUIREMENTS OF DEPOSITORY INSTITUTIONS
(REGULATION D)
0
1. The authority citation for part 204 continues to read as follows:
Authority: 12 U.S.C. 248(a), 248(c), 371a, 461, 601, 611, and
3105.
0
2. Section 204.4 is removed and reserved.
Sec. 204.4 [Reserved]
0
3. Section 204.10 is added to read as follows:
Sec. 204.10 Payment of interest on balances.
(a) Payment of interest. The Federal Reserve Banks shall pay
interest on balances maintained at Federal Reserve Banks by or on
behalf of an eligible institution as provided in this section and under
such other terms and conditions as the Board may prescribe.
(b) Rate. Except as provided in paragraph (c) of this section,
Federal Reserve Banks shall pay interest at the following rates--
(1) For required reserve balances, at the average targeted federal
funds rate over the reserve maintenance period less 10 basis points;
and
(2) For excess balances, at the lowest targeted federal funds rate
during the reserve maintenance period less 75 basis points.
(c) Pass-through balances. Any excess balance held by a pass-
through correspondent that is not an eligible institution is deemed to
be held on behalf of the pass-through correspondent's respondents. A
pass-through correspondent may pass back to its respondent interest
paid on balances held on behalf of that respondent. Such a payment is
not a payment of interest on a demand deposit for purposes of Part 217
of this chapter (Regulation Q).
(d) Definitions. For purposes of this section--
(1) Clearing balance means the amount that an eligible institution
holds to satisfy a contractual clearing balance agreement with a
Federal Reserve Bank, in addition to any required reserve balance.
(2) Eligible institution means--
[[Page 59486]]
(i) Any depository institution as described in Sec. 204.1(c) of
this part;
(ii) Any trust company;
(iii) Any corporation organized under section 25A of the Federal
Reserve Act (12 U.S.C. 611 et seq.) or having an agreement with the
Board under section 25 of the Federal Reserve Act (12 U.S.C. 601 et
seq.); and
(iv) Any branch or agency of a foreign bank (as defined in section
1(b) of the International Banking Act of 1978, 12 U.S.C. 3101(b)).
(3) Excess balance means the average balance held in an account at
a Federal Reserve Bank by or on behalf of an eligible institution over
a reserve maintenance period that exceeds the sum of the required
reserve balance and any clearing balance.
(4) Required reserve balance means the average balance held in an
account at a Federal Reserve Bank by or on behalf of an eligible
institution over a reserve maintenance period to satisfy the reserve
requirements of this part.
(5) Targeted federal funds rate means the federal funds rate
established from time to time by the Federal Open Market Committee.
By order of the Board of Governors of the Federal Reserve
System, October 6, 2008.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. E8-24003 Filed 10-8-08; 8:45 am]
BILLING CODE 6210-01-P