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Federal R eserve Bank OF DALLAS ROBERT AND D. M c T E E R , J R . PRESIDENT CHIEF EXECUTIV E 16 , 1992 March OFFICER dallas,texas 7 5 2 2 2 Notice 92-23 TO: The Chief Executive Officer of each member bank and others concerned in the Eleventh Federal Reserve District SUBJECT Final Amendment to Regulation D and Request for Comments on Proposed Amendments to Regulation D (Reserve Requirements of Depository Institutions) DETAILS The Federal Reserve Board has adopted a final amendment to Regula tion D which reduces the required reserves on net transaction accounts from 12 percent to 10 percent. The effective date of the final amendment is April 2, 1992. In addition, the Board has issued for public comment two proposed amendments to Regulation D which would facilitate the computation and mainte nance of reserves. The Board proposes to shorten by two weeks the lag in counting vault cash toward required reserves in order to reduce the decline in required reserve balances early in the year. The Board’s second proposal would double the carryover allowance for reserve balances to the larger of $50,000.00 or 4 percent of required reserves plus required clearing balances. This would provide institutions with more flexibility in managing reserves from one maintenance period to another. T h e B o a r d must receive comments by April 6, 1992. Comments should be addressed to William W. Wiles, Secretary, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, N.W., Washington, D.C. 20551. All comments should refer to Docket No. R-0750. ATTACHMENT Copies of the Board’s notices as they appear on pages 8059-60 and pages 8096-98, Vol. 57, No. 45, of the Federal Register dated March 6, 1992, is attached. For additional copies, bankers and others are encouraged to use one of the following toll-free numbers in contacting the Federal Reserve Bank of Dallas: Dallas Office (800) 333-4460; El Paso Branch Intrastate (800) 592-1631, Interstate (800) 351-1012; Houston Branch Intrastate (800) 392-4162, Interstate (800) 221-0363; San Antonio Branch Intrastate (800) 292-5810. This publication was digitized and made available by the Federal Reserve Bank of Dallas' Historical Library (FedHistory@dal.frb.org) - 2 - MORE INFORMATION For more information, please contact this Bank’s Reserve Maintenance Division at (214) 651-6407. Depository institutions in the Houston territory should contact Reserve Maintenance in the Houston Office at (713) 652-1538. For additional copies of this Bank’s notice, please contact the Public Affairs Department at (214) 651-6289. Sincerely yours, 8059 Rules and Regulations Federal Register Vol. 57. No. 45 Friday, March 6, 1992 This section of the FEDERAL REGISTER contains regulatory documents having general appiicabiiity and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. FEDERAL RESERVE SYSTEM 12 CFR Part 204 I Docket No. R-0749] Regulation D—R eserve Requirement of Depository Institutions AGENCY: Board of Governors of the Federal Reserve System. a c t io n : Final rule. s u m m a r y : The Board is amending its Regulation D to reduce the reserves required on net transaction account balances over $42.2 million from the current level of 12 percent to 10 percent, based on a determ ination that the current level of reserves required on these liabilities is in excess of the level necessary for the conduct of m onetary policy, and that a reduction in the level of required reserves will provide an impetus for bank lending and overall economic activity by freeing funds now held as reserves and facilitating depository institutions’ access to the capital markets. EFFECTIVE DATE: April 2,1992. For depository institutions that report deposits weekly, this reduction will become operative for the reserve m aintenance period beginning April 2, 1992. For depository institutions reporting quarterly, the reduction will be operative for the reserve m aintenance period starting April 16,1992. FOR FURTHER INFORMATION CONTACT: Patrick McDivitt, Attorney (202/4523818), or L aw ranne Stewart, Attorney (202/452-3513), Legal Division: or Joshua Feinman, Economist (202/452-2841), Division of M onetary Affairs. For the hearing im paired only. Telecommunications Device for the Deaf ("TDD"), Dorothea Thompson (202/4523544). SUPPLEMENTARY INFORMATION: Section 19(b)(2) of the Federal Reserve Act, as am ended by title I of the M onetary Control Act of 1980 (Pub. L 96-221 (March 31,1980)), provides: (A) Each depository institution shall maintain reserves against its transaction accounts as the Board may prescribe by regulation solely for the purpose of implementing m onetary policy— (i) In the ratio of 3 per centum for that portion of its total transaction accounts of [$42,200,000 or less]; 1 and (ii) In the ratio of 12 per centum, or in such other ratio as the Board may prescribe not greater than 14 per centum and not less than 8 per centum, for that portion of its total transaction accounts in excess of [$42,200,000]. Currently, reserves on transaction accounts balances over $42.2 million are set at 12 percent under Regulation D. 12 CFR 204.9(a)(1). The Board is exercising its authority under section 19 to reduce the reserve required against net transaction balances in excess of $42.2 million from 12 percent to 10 percent. It is taking this action b ased on a determ ination that the current level of reserves required on these liabilities is in excess of the level necessary for the conduct of m onetary policy, an d that a reduction in the level of required reserves will provide an impetus for bank lending and overall economic activity by freeing funds now held as reserves and facilitating depository institutions' access to the capital markets. The last reductions to reserve requirem ents w ere made in December 1990, at which time reserves for nonpersonal time deposits and Eurocurrency liabilities w ere reduced from 3 percent to zero percent. These reductions, which w ere p h ased in over two reserve m aintenance periods in December and January, resulted in a brief period of increased volatility in the federal funds rate and unpredictable dem and for excess reserves. Depository institutions generally experience seasonal lows in required reserve balances at the beginning of the year, and the effect of the reductions w as to decrease the reserve balances required at this time of year to levels below those 1 U nder section 19(b)(2)(C). the am ount below which reserves on net tran sactio n account b alances are p ayable a t 3 percent, know n a s the low reserve tranche, is ad ju sted annually in relation to the grow th in total tran sactio n accounts a t all depository institutions. The m ost recent ad justm ent w as m ade on D ecem ber 17,1991 (56 FR 60054 (N ovem ber 27* 1991)). needed for clearing purposes. As a result, banks h ad difficulty adjusting to the low er reserve requirements. Although the current reduction in reserve requirem ents for transaction accounts is not expected to have simitar effects, the reduction in transaction account reserves will not be effective until April in order to provide depository institutions with adequate time to adjust reserve m anagem ent strategies. To assist the adjustm ent to lower required reserve balances, the Board also is proposing for comment two am endm ents to Regulation D that are intended to reduce the seasonal variations in operating balance requirem ents and to improve the ability of depository institutions to m anage their reserve balances. These am endm ents would reduce lags in the application of vault cash to reserve requirem ents and would increase the percentage of excesses or deficiencies that may be carried over into the next reserve m aintenance period.2 Notice and Public Participation The provisions of the Administrative Procedure Act relating to notice and public participation (5 U.S.C. 553(b)) have not been followed in connection with the adoption of this am endment. In view of the current lack of credit availability, the Board finds good cause for determining, and so determines, that notice and public participation are unnecessary and contrary to the public interest. The am endm ent will have the affect of decreasing a regulatory burden by lowering the reserves that depository institutions are required to maintain against transaction account. Banks have adopted a more cautious approach to lending, born in part out of concerns about capital, that has had a restraining effect on bank credit growth and a damping influence on aggregate economic actitivy. The announcem ent is expected to have immediate, beneficial effects on the ability of banks to raise capital. To the extent that an announcem ent of reserve requirem ent reductions will provide banks with easier access to capital markets, it should help to improve credit availability. Putting a proposed reduction out for notice and comment is 2 See accom panying proposed rule published elsew here in to day s issue of the Federal Register. 80S0 Federal Register / Vol. 57. No. 45 / Friday, March 6, 1992 / Rules and Regulations likely to delay or dilute any beneficial effects. 1 Dollar amounts do not reflect the adjustment to be made in the next paragraph. Regulatory Flexibility Act Because the Board finds that no notice of proposed rulemaking is required, a statem ent concerning the effects of the rule on small entities is also not required under the Regulatory Flexibility Act. 5 U.S.C. 604. The Board notes, however, that the am endm ent imposes no additional reporting or recordkeeping requirements. Reserve requirem ents for depository institutions with net transaction accounts in excess of $42.2 million will be reduced by the action, and no other small entities should be affected. The first $42.2 million of net transaction accounts are subject a reserve requirem ent of 3 per cent by statute, and the Board does not have the authority to reduce this requirement. List of Subjects in 12 CFR Part 204 Banks, banking, Currency, Federal Reserve System, Penalties, Reporting and recordkeeping requirements. For the reasons set out in the preamble, and pursuant to the Board's authority under section 19 of the Federal Reserve Act, 12 U.S.C. 461 et seq., the Board is amending 12 CFR part 204 to read as follows: PART 204—RESERVE REQUIREMENTS OF DEPOSITORY INSTITUTIONS 1. The authority citation for p art 204 continues to read as follows: Authority: S ectio n s 11(a), 11(c), 19, 25, 25(a) o f the Federal R eserve A ct (12 U.S.C. 248(a), 248(c), 371a, 371b, 461, 601, 611); section 7 of the International Banking A ct o f 1978 (12 U.S.C. 3105); and section 411 of the G a m StGermain D epository Institutions A ct o f 1982 (12 U.S.C. 461). 2. Section 204.9 is am ended by revising paragraph (a)(1) to read as follows: § 204.9 Reserve requirement ratios. (a)(1) Reserve percentages. The following reserve ratios are prescribed for all depository institutions, Edge and Agreement corporations, and United States branches and agencies of foreign banks: Category Net transaction accounts: 1 $0 to $42.2 million..... Over $42.2 million..... Nonpersonal time deposits. Eurocurrency liabilities Reserve requirement 3 percent of amount. $1,266,000 plus 10 percent of amount over $42.2 million. 0 percent. 0 percent. By order o f the Board o f G overnors o f the Federal R eserve System . M arch 2,1992. W illiam W . W iles, Secretary of the Board. [FR Doc. 92-5218 Filed 3-5-92; 8:45 am] BILLING CODE 6210-01-M 8096 Federal Register / Vol. 57, No. 45 / Friday, March 6, 1992 / Proposed Rules FEDERAL RESERVE SYSTEM 12 CFR Part 204 [Docket No. R-0750) Regulation D - R eserve Requirements of D epository Institutions AGENCY: Board of Governors of the Federal Reserve System. ACTION: Notice of proposed rulemaking. SUMMARY: The Board is publishing for comment tw o am endm ents to it's Federal Register / Vol. 57, No. 45 / Friday, March 6, 1992 / Proposed Rules Regulation D to facilitate the com putation and m aintenance of reserves. The Board proposes to reduce the lag in the application of vault cash to reserve requirem ents in order to damp the seasonal variations in required reserve balances resulting from the current lag in application and thereby reduce the probability that reserve balances will drop seasonally to levels that would cause depository institutions difficulty in managing their reserve balances. The Board also proposes to increase the am ount of excesses or deficiencies in reserve b alances that m ay be carried over from one reserve m aintenance period to the next from the greater of 2 percent or $25,000 to the greater of 4 percent or $50,000. d a t e s : Comments should be received by April 6,1992. a d d r e s s e s : Comments, which should refer to Docket No. R-0750, m ay be m ailed to the Board of G overnors of the Federal Reserve System, 20th Street and Constitution A venue NW., W ashington, DC 20551, to the attention of Mr. William W. Wiles, Secretary. Comments ad dressed to the attention of Mr. Wiles m ay be delivered to the Board’s mail room betw een 8:45 a.m. and 5:15 p.m., and to the security control room outside of those hours. Both the mail room an d the security control room are accessible from the courtyard entrance on 20th Street betw een Constitution A venue and C Street NW. Comments m ay be inspected in room B1122 betw een 9 a.m. and 5 p.m., except as provided in § 261.8 of the Board’s Rules Regarding the A vailability of Information, 12 CFR 261.8. FOR FURTHER INFORMATION CONTACT: Patick J. McDivitt, A ttorney (202/4523818), or Law ranne Stew art, Attorney (202/452-3513), Legal Division; or Joshua Feinman, Economist (202/452-2841), Division of M onetary Affairs. For the hearing im paired only. Telecommunications Device for the Deaf (“TDD”), Dorothea Thom pson (202/4523544). SUPPLEMENTARY INFORMATION: The Board is proposing for public comment revisions to its Regulation D, Reserve Requirements of Depository Institutions, 12 CFR p art 204, concerning the com putation an d m aintenance of reserves. The proposed changes, which concern vault cash an d carryover of reserve deficiencies an excesses, are intended to improve the ability of depository institutions to m anage their reserve balances. Vault Cash The Board proposes to am end Regulation D to reduce the lag in the application of vault cash to reserve requirem ents from two periods to one in order to better synchronize movements in required reserves and applied vault cash. Currently, reserve requirem ents for depository institutions that report weekly are assessed against transaction accounts on a contem poraneous b a s is,1 but offsetting vault cash is applied to the required reserves with a two period lag. This asym m etric treatm ent of required reserves and applied vault cash often results in potentially disruptive m ovements in required balances, particularly early in the year. In the m aintenance period encom passing Christmas and year-end, for example, both vault cash and required reserves tend to reach their respective seasonal peaks. Vault cash applicable for meeting the enlarged reserve requirem ents for this period, however, is b a s e d on the much smaller vault cash holdings from November. As a result, the required reserve balances n eeded to m eet reserve requirem ents lend to peak around year-end. These balances subsequently drop precipitously, usually reaching a trough in late January an d early February, w hen reserve requirem ents have typically fallen from their end-of-year crest and the enlarged vault cash holdings from year-end becom e available for use in meeting those requirem ents. This sharp drop in required b alan ces often m akes it more difficult for ban ks to m anage their reserve accounts. The Board believes that placing required reserves and the vault cash available for m eeting those requirem ents in closer proximity would offset some of the volatility in required reserve balances an d help tem per the seasonal drop in these balances in early February w ithout significantly impairing reserve forecasts. The Board requests com ment as to w hether a reduction in the lag in the application of vault cash would improve the ability of depository institutions to m anage their required reserve b alan ces or w hether the proposal w ould have any adverse effects on their ability to predict required reserve balances. The Board also requests com ment as to the costs of 1 W eekly rep orters generally are depository institutions w ith total deposits of $44.8 million or more. Required reserv es for w eekly rep orters are a ss e ss e d b a se d on d aily average b a la n ce s for a p erio d beginning on a T uesday a n d ending on the seco n d M onday thereafter. This period is know n as the "com putation period.” R eserves ag ainst the daily averag e b a la n ce s for the com putation period m ust be m ain tain ed throughout the “m ainten ance period,” w hich begins on the T h ursday following the beginning of the com putation period a n d ends on the seco n d W e d n e sd ay thereafter. See 12 CFR 204.3(c). 8097 implementing a shift in vault cash application, and w hether these costs would be considered significant in relation to the benefits of the proposed am endm ent to the depository institution. If depository institutions believe that the costs of implementing a shift are prohibitive so that the shift should not be implemented, the Board requests comments as to w hether depository institutions will be able to m anage their reserve positions effectively at the newly im plem ented level of reserve requirem ents during the seasonal lows in required reserve balances in January and February. Carryover of Excesses or Deficiencies The Board proposes to increase the am ount of carryover to the greater of 4 percent of required reserves and clearing balances 2 or $50,000. Currently, carryover of reserve surpluses or deficiencies into the next m aintenance period is perm itted up to the greater of 2 percent of the sum of required reserves and required clearing balances or $25,000. In either case, the carryover is reduced by the am ount of an institution’s required clearing balance penalty-free band, if applicable.3 Reductions in reserve requirem ents have resulted in a decline in the maximum dollar value of the carryover, reducing the ability of a depository institution to cushion a given dollar shock to its reserve position late in m aintenance period. Doubling maximum carryover perm itted should provide depository institutions with more flexibility in managing their reserve positions. Additionally, the Board proposed to am end the lanaguage of the carryover provision to clarify and more accurately reflect the method used to calculate the maximum carryover permitted. Regulatory Flexibility Act Analysis Pursuant to section 605(b) of the Regulatory Flexibility Act (Pub. L. No. 96-354, 5 U.S.C. 601 et seq.), the Board certifies that the proposed am endm ent will not have a significant economic impact on a substantial num ber of small entities. The Board does not believe that the proposed am endm ents would impose any additional reporting or recordkeeping requirem ents. To the 2 Required clearing b a la n ce s a re set by agreem ent b etw een a d epository institution an d its Federal R eserve Bank, b a se d on clearing need s of the depository an d its account o v erdraft record. Inform ation on clearing b a la n ce requirem ents may be o b tain ed from a depository institution’s local R eserve Bank. 3 The required clearing b alan ce penalty-free b and is currently equal to the greater o f $25,000 o r 2 p ercent of the depository institution’s required clearing balan ce. Federal Register / Vol. 57, No. 45 / Friday. March 6, 1992 / Proposed Rules 8098 extent changes in recordkeeping procedures may be required by the vauit cash proposal, this will affect only weekly reporters, that is, depository institutions with total deposits of $44.8 million or more, and should enable these depository institutions to manage their required reserves more efficiently. Smaller institutions, which report only quarterly, will not be affected by the vault cash amendment. List of Subjects in 12 CFR Part 204 Banks, banking, Currency, Federal Reserve System, Penalties, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, and pursuant to the Board’s authority under section 19 of the Federal Reserve Act, 12 U.S.C. 461 et seq., the Board is proposing to am end 12 CFR p art 204 as follows: PART 204—RESERVE REQUIREMENTS OF DEPOSITORY INSTITUTIONS 1. The authority citation for part 204 continues to read as follows: Authority: S ectio n s 11(a), 11(c), 19. 25, 25(a) o f the Federal R eserve A ct (12 U.S.C. 248(a). 248(c), 371a, 371b, 461, 601, 611); section 7 of the International Banking A ct of 1978 (12 U.S.C. 3105); and section 411 o f the G am StGermain D ep ository Institutions A ct o f 1982 (12 U.S.C. 461). 2. section 204.3 is am ended by revising paragraphs (c)(3) and (h) to read as follows: § 204.3 Computation and maintenance. * * * * * (c) * * * (3) In determining the reserve balance that is required to be m aintained with the Federal Reserve, the daily average vault cash held during the computation period that ended 3 days prior to the beginning of the m aintenance period is deducted from the am ount of the institution’s required reserves. * * * * * (h) Carryover o f excesses or deficiencies. Any excess or deficiency in a depository institution’s account that is held directly or indirectly with a Federal Reserve Bank shall be carried over and applied to that account in the next m aintenance period as specified in this paragraph. The am ount of any such excess or deficiency that is carried over shall not exceed the greater of: (1) The am ount obtained by multiplying .04 times the sum of the depository institution’s required reserves and the depository institution’s required clearing balance, if any, and then substracting from this product the depository institution’s required clearing balance penalty-free bank, if any; or (2) $50,000, minus the depository institution’s required clearing balance penalty-free band, if any. Any carryover not offset during the next period m ay not be carried over to subsequent periods. * * * * * By order o f the Board of G overnors o f the Federal R eserve System , March 2.1992. William W. Wiles, Secretary of the Board. [FR Doc. 92-5219 Filed 3-5-92; 8:45 am) BILLING CODE 6210-01-M FEDERAL RESERVE BANK OF DALLAS STATION K DALLAS, TEXAS 7 5 2 2 2