The NOO issue was a guideline before, and technically the same rule exists today, but during exams, regulators (FDIC and OCC) are saying that "You will not go over that guideline amount." The same goes with the 10% requipment to be a well capitalized bank. 10% is still the official measure, but "12% is the new 10%" when banks are sitting down with regulators during their exams. It depends on which capital measurement you use to arrive at the overall ration. Not sure which one you were using for CITI's

Going against the regulators can lead to bad juju on your safety & soundness exams. Nobody wins when they get a memorandum of understanding or a cease and desist order.