Regulation D: Reserve Requirements of Depository Institutions

Published date10 May 2019
Citation84 FR 20541
Record Number2019-09687
SectionRules and Regulations
CourtFederal Reserve System
Federal Register, Volume 84 Issue 91 (Friday, May 10, 2019)
[Federal Register Volume 84, Number 91 (Friday, May 10, 2019)]
                [Rules and Regulations]
                [Pages 20541-20542]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-09687]
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                Rules and Regulations
                 Federal Register
                ________________________________________________________________________
                This section of the FEDERAL REGISTER contains regulatory documents
                having general applicability 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.
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                Federal Register / Vol. 84, No. 91 / Friday, May 10, 2019 / Rules and
                Regulations
                [[Page 20541]]
                FEDERAL RESERVE SYSTEM
                12 CFR Part 204
                [Docket No. R-1663; RIN 7100-AF 50]
                Regulation D: Reserve Requirements of Depository Institutions
                AGENCY: Board of Governors of the Federal Reserve System.
                ACTION: Final rule.
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                SUMMARY: The Board of Governors of the Federal Reserve System
                (``Board'') is amending Regulation D (Reserve Requirements of
                Depository Institutions) to revise the rate of interest paid on
                balances maintained to satisfy reserve balance requirements (``IORR'')
                and the rate of interest paid on excess balances (``IOER'') maintained
                at Federal Reserve Banks by or on behalf of eligible institutions. The
                final amendments specify that IORR is 2.35 percent and IOER is 2.35
                percent, a 0.05 percentage point decrease from their prior levels. The
                amendments are intended to enhance the role of such rates of interest
                in maintaining the Federal funds rate into the target range established
                by the Federal Open Market Committee (``FOMC'' or ``Committee'').
                DATES: Effective date: This rule is effective May 10, 2019.
                 Applicability date: The IORR and IOER rate changes were applicable
                on May 2, 2019.
                FOR FURTHER INFORMATION CONTACT: Clinton Chen, Senior Attorney (202-
                452-3952), or Sophia Allison, Senior Special Counsel (202-452-3565),
                Legal Division, or Kristen Payne, Senior Financial Institution & Policy
                Analyst (202-452-2872), or Laura Lipscomb, Assistant Director (202-912-
                7964), Division of Monetary Affairs; 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. Statutory and Regulatory Background
                 For monetary policy purposes, section 19 of the Federal Reserve Act
                (``the Act'') imposes reserve requirements on certain types of deposits
                and other liabilities of depository institutions.\1\ Regulation D,
                which implements section 19 of the Act, requires that a depository
                institution meet reserve requirements by holding cash in its vault, or
                if vault cash is insufficient, by maintaining a balance in an account
                at a Federal Reserve Bank (``Reserve Bank'').\2\ Section 19 also
                provides that balances maintained by or on behalf of certain
                institutions in an account at a Reserve Bank may receive earnings to be
                paid by the Reserve Bank at least once each quarter, at a rate or rates
                not to exceed the general level of short-term interest rates.\3\
                Institutions that are eligible to receive earnings on their balances
                held at Reserve Banks (``eligible institutions'') include depository
                institutions and certain other institutions.\4\ Section 19 also
                provides that the Board may prescribe regulations concerning the
                payment of earnings on balances at a Reserve Bank.\5\ Prior to these
                amendments, Regulation D specified a rate of 2.40 percent for both IORR
                and IOER.\6\
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                 \1\ 12 U.S.C. 461(b).
                 \2\ 12 CFR 204.5(a)(1).
                 \3\ 12 U.S.C. 461(b)(1)(A) and (b)(12)(A).
                 \4\ See 12 U.S.C. 461(b)(1)(A) and (b)(12)(C); see also 12 CFR
                204.2(y).
                 \5\ See 12 U.S.C. 461(b)(12)(B).
                 \6\ See 12 CFR 204.10(b)(5).
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                II. Amendments to IORR and IOER
                 The Board is amending Sec. 204.10(b)(5) of Regulation D to specify
                that IORR is 2.35 percent and IOER is 2.35 percent, a 0.05 percentage
                point decrease in each rate. The Board announced this decision on May
                1, 2019, with an effective date of May 2, 2019, in the Federal Reserve
                Implementation Note that accompanied the FOMC's statement on May 1,
                2019. The FOMC statement stated that the Committee decided to maintain
                the target range for the federal funds rate at 2-1/4 to 2-1/2 percent.
                 The Federal Reserve Implementation Note stated:
                 The Board of Governors of the Federal Reserve System voted
                unanimously to set the interest rate paid on required and excess
                reserve balances at 2.35 percent, effective May 2, 2019. Setting the
                interest rate paid on required and excess reserve balances 15 basis
                points below the top of the target range for the federal funds rate is
                intended to foster trading in the federal funds market at rates well
                within the FOMC's target range.
                 As a result, the Board is amending section 204.10(b)(5) of
                Regulation D to change IORR to 2.35 percent and IOER to 2.35 percent.
                III. Administrative Procedure Act
                 In general, the Administrative Procedure Act (``APA'') \7\ imposes
                three principal requirements when an agency promulgates legislative
                rules (rules made pursuant to congressionally delegated authority): (1)
                Publication with adequate notice of a proposed rule; (2) followed by a
                meaningful opportunity for the public to comment on the rule's content;
                and (3) publication of the final rule not less than 30 days before its
                effective date. The APA provides that notice and comment procedures do
                not apply if the agency for good cause finds them to be ``unnecessary,
                impracticable, or contrary to the public interest.'' \8\ Section 553(d)
                of the APA also provides that publication at least 30 days prior to a
                rule's effective date is not required for (1) a substantive rule which
                grants or recognizes an exemption or relieves a restriction; (2)
                interpretive rules and statements of policy; or (3) a rule for which
                the agency finds good cause for shortened notice and publishes its
                reasoning with the rule.\9\
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                 \7\ 5 U.S.C. 551 et seq.
                 \8\ 5 U.S.C. 553(b)(3)(A).
                 \9\ 5 U.S.C. 553(d).
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                 The Board has determined that good cause exists for finding that
                the notice, public comment, and delayed effective date provisions of
                the APA are unnecessary, impracticable, or contrary to the public
                interest with respect to these final amendments to Regulation D. The
                rate decreases for IORR and IOER that are reflected in the final
                amendments to Regulation D were made with a view towards accommodating
                commerce and business and with regard to their bearing upon the general
                credit situation of the country. Notice and public comment would
                prevent the Board's action from being effective as promptly as
                necessary in the public interest and would not otherwise serve any
                useful purpose. Notice, public comment, and a delayed effective date
                would create uncertainty about the finality and effectiveness of the
                Board's
                [[Page 20542]]
                action and undermine the effectiveness of that action. Accordingly, the
                Board has determined that good cause exists to dispense with the
                notice, public comment, and delayed effective date procedures of the
                APA with respect to these final amendments to Regulation D.
                IV. Regulatory Flexibility Analysis
                 The Regulatory Flexibility Act (``RFA'') does not apply to a
                rulemaking where a general notice of proposed rulemaking is not
                required.\10\ As noted previously, the Board has determined that it is
                unnecessary and contrary to the public interest to publish a general
                notice of proposed rulemaking for this final rule. Accordingly, the
                RFA's requirements relating to an initial and final regulatory
                flexibility analysis do not apply.
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                 \10\ 5 U.S.C. 603, 604.
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                V. Paperwork Reduction Act
                 In accordance with the Paperwork Reduction Act (``PRA'') of
                1995,\11\ the Board reviewed the final rule under the authority
                delegated to the Board by the Office of Management and Budget. The
                final rule contains no requirements subject to the PRA.
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                 \11\ 44 U.S.C. 3506; see 5 CFR part 1320 Appendix A.1.
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                List of Subjects in 12 CFR Part 204
                 Banks, Banking, Reporting and recordkeeping requirements.
                 For the reasons set forth in the preamble, the Board amends 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), 461, 601, 611, and 3105.
                0
                2. Section 204.10 is amended by revising paragraph (b)(5) to read as
                follows:
                Sec. 204.10 Payment of interest on balances.
                * * * * *
                 (b) * * *
                 (5) The rates for IORR and IOER are:
                ------------------------------------------------------------------------
                 Rate (percent)
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                IORR.................................................... 2.35
                IOER.................................................... 2.35
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                * * * * *
                 By order of the Board of Governors of the Federal Reserve
                System, May 7, 2019.
                Ann Misback,
                Secretary of the Board.
                [FR Doc. 2019-09687 Filed 5-9-19; 8:45 am]
                 BILLING CODE 6210-01-P
                

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