Agency Information Collection Activities: Announcement of Board Approval Under Delegated Authority and Submission to OMB

Published date01 April 2020
Citation85 FR 18230
Record Number2020-06753
SectionNotices
CourtFederal Reserve System
18230
Federal Register / Vol. 85, No. 63 / Wednesday, April 1, 2020 / Notices
1
An SLHC must file one or more of the FR Y–
9 series of reports unless it is: (1) A grandfathered
unitary SLHC with primarily commercial assets and
thrifts that make up less than 5 percent of its
consolidated assets; or (2) a SLHC that primarily
holds insurance-related assets and does not
otherwise submit financial reports with the SEC
pursuant to section 13 or 15(d) of the Securities
Exchange Act of 1934.
Committee Act, Public Law 92–463, as
amended, this notice advises interested
persons that the GSA renewed the
charter of the WRC Advisory Committee
for two years, commencing April 2,
2020. Its scope of activities is to address
issues contained in the agenda for the
2023 World Radio Conference (WRC–
23). The WRC–23 Advisory Committee
will continue to provide to the FCC
advice, data, and technical analyses,
and will formulate recommendations
relating to the preparation of U.S.
proposals and positions for WRC–23.
Federal Communications Commission.
Troy Tanner,
Deputy Chief, International Bureau.
[FR Doc. 2020–06808 Filed 3–31–20; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL MARITIME COMMISSION
Notice of Agreements Filed
The Commission hereby gives notice
of the filing of the following agreements
under the Shipping Act of 1984.
Interested parties may submit
comments, relevant information, or
documents regarding the agreements to
the Secretary by email at Secretary@
fmc.gov, or by mail, Federal Maritime
Commission, Washington, DC 20573.
Comments will be most helpful to the
Commission if received within 12 days
of the date this notice appears in the
Federal Register. Copies of agreements
are available through the Commission’s
website (www.fmc.gov) or by contacting
the Office of Agreements at (202)–523–
5793 or tradeanalysis@fmc.gov.
Agreement No.: 201288–003.
Agreement Name: Digital Container
Shipping Association Agreement.
Parties: CMA CGM S.A.; Evergreen
Marine Corporation; Hapag-Lloyd AG;
Hyundai Merchant Marine Co., Ltd.;
Maersk A/S; Mediterranean Shipping
Company S.A.; Ocean Network Express
Pte. Ltd.; Yang Ming Marine Transport
Corporation; and Zim Integrated
Shipping Services Ltd.
Filing Party: Wayne Rohde; Cozen
O’Connor.
Synopsis: The amendment revises
Article 6.2 and Appendices B, C, E and
F to revise the procedure for electing the
Chair and Vice Chair of the Supervisory
Board, the composition of the
Supervisory Board, and how certain
financial obligations will be handled in
the event of the resignation or voluntary
suspension of a member. It also changes
the name of the Maersk entity that is
party to the Agreement.
Proposed Effective Date: 5/9/2020.
Location: https://www2.fmc.gov/
FMC.Agreements.Web/Public/
AgreementHistory/21328.
Dated: March 27, 2020.
Rachel E. Dickon,
Secretary.
[FR Doc. 2020–06806 Filed 3–31–20; 8:45 am]
BILLING CODE 6730–02–P
FEDERAL RESERVE SYSTEM
Agency Information Collection
Activities: Announcement of Board
Approval Under Delegated Authority
and Submission to OMB
AGENCY
: Board of Governors of the
Federal Reserve System.
SUMMARY
: The Board of Governors of the
Federal Reserve System (Board) is
adopting a proposal to extend for three
years, with revision, the Financial
Statements for Holding Companies (FR
Y–9 reports; OMB No. 7100–0128). The
revisions are applicable as of March 31,
2020, June 30, 2020, and March 31,
2021.
FOR FURTHER INFORMATION CONTACT
:
Federal Reserve Board Clearance
Officer—Nuha Elmaghrabi—Office of
the Chief Data Officer, Board of
Governors of the Federal Reserve
System, Washington, DC 20551, (202)
452–3829. Office of Management and
Budget (OMB) Desk Officer—Alex
Goodenough—Office of Information and
Regulatory Affairs, Office of
Management and Budget, New
Executive Office Building, Room 10235,
725 17th Street NW, Washington, DC
20503, or by fax to (202) 395–6974. A
copy of the Paperwork Reduction Act
(PRA) OMB submission, including the
reporting form and instructions,
supporting statement, and other
documentation will be placed into
OMB’s public docket files. These
documents also are available on the
Federal Reserve Board’s public website
at https://www.federalreserve.gov/apps/
reportforms/review.aspx or may be
requested from the agency clearance
officer, whose name appears above.
SUPPLEMENTARY INFORMATION
: On June
15, 1984, OMB delegated to the Board
authority under the PRA to approve and
assign OMB control numbers to
collections of information conducted or
sponsored by the Board. Board-
approved collections of information are
incorporated into the official OMB
inventory of currently approved
collections of information. Copies of the
PRA Submission, supporting
statements, and approved collection of
information instrument(s) are placed
into OMB’s public docket files.
Final Approval Under OMB Delegated
Authority of the Extension for Three
Years, With Revision of the Following
Information Collection
Report Title: Financial Statements for
Holding Companies.
Agency form number: FR Y–9C, FR Y–
9LP, FR Y–9SP, FR Y–9ES, and FR Y–
9CS.
OMB control number: 7100–0128.
Effective Date: March 31, 2020, June
30, 2020, March 31, 2021.
Frequency: Quarterly, semiannually,
and annually.
Respondents: Bank holding
companies, savings and loan holding
companies,
1
securities holding
companies, and U.S. intermediate
holding companies (collectively, HCs).
Estimated number of respondents: FR
Y–9C (non-advanced approaches HCs
CBLR) with less than $5 billion in total
assets): 71; FR Y–9C (non-advanced
approaches HCs CBLR) with $5 billion
or more in total assets): 35; FR Y–9C
(non-advanced approaches HCs non-
CBLR) with less than $5 billion in total
assets): 84; FR Y–9C (non-advanced
approaches HCs non-CBLR) with $5
billion or more in total assets): 154; FR
Y–9C (advanced approaches HCs): 19;
FR Y–9LP: 434; FR Y–9SP: 3,960; FR Y–
9ES: 83; FR Y–9CS: 236.
Estimated average hours per response:
Reporting
FR Y–9C (non-advanced approaches
HCs CBLR) with less than $5 billion in
total assets): 29.14 hours; FR Y–9C (non-
advanced approaches HCs CBLR) with
$5 billion or more in total assets): 35.11
hours; FR Y–9C (non-advanced
approaches HCs non-CBLR) with less
than $5 billion in total assets): 40.98
hours; FR Y–9C (non-advanced
approaches HCs non-CBLR) with $5
billion or more in total assets): 46.95
hours; FR Y–9C (advanced approaches
HCs): 48.59 hours; FR Y–9LP: 5.27
hours; FR Y–9SP: 5.40 hours; FR Y–9ES:
0.50 hours; FR Y–9CS: 0.50 hours.
Recordkeeping
FR Y–9C (non-advanced approaches
HCs with less than $5 billion in total
assets), FR Y–9C (non-advanced
approaches HCs with $5 billion or more
in total assets), FR Y–9C (advanced
approaches HCs), and FR Y–9LP: 1.00
hour; FR Y–9SP, FR Y–9ES, and FR Y–
9CS: 0.50 hours.
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The Call Reports consist of the Consolidated
Reports of Condition and Income for a Bank with
Domestic Offices Only and Total Assets Less Than
$5 Billion (FFIEC 051), the Consolidated Reports of
Condition and Income for a Bank with Domestic
Offices Only (FFIEC 041) and the Consolidated
Reports of Condition and Income for a Bank with
Domestic and Foreign Offices (FFIEC 031).
3
Under certain circumstances described in the FR
Y–9C’s General Instructions, HCs with assets under
$3 billion may be required to file the FR Y–9C.
4
A top-tier HC may submit a separate FR Y–9LP
on behalf of each of its lower-tier HCs.
5
Section 165(b)(2) of Title I of the Dodd-Frank
Act, (12 U.S.C. 5365(b)(2)), refers to ‘‘foreign-based
bank holding company.’’ Section 102(a)(1) of the
Dodd-Frank Act, (12 U.S.C. 5311(a)(1)), defines
‘‘bank holding company’’ for purposes of Title I of
the Dodd-Frank Act to include foreign banking
organizations that are treated as bank holding
companies under section 8(a) of the International
Banking Act, (12 U.S.C. 3106(a)). The Board has
required, pursuant to section 165(b)(1)(B)(iv) of the
Dodd-Frank Act, (12 U.S.C. 5365(b)(1)(B)(iv)),
certain foreign banking organizations subject to
section 165 of the Dodd-Frank Act to form U.S.
intermediate holding companies. Accordingly, the
parent foreign-based organization of a U.S. IHC is
treated as a BHC for purposes of the BHC Act and
section 165 of the Dodd-Frank Act. Because Section
5(c) of the BHC Act authorizes the Board to require
reports from subsidiaries of BHCs, section 5(c)
provides additional authority to require U.S. IHCs
to report the information contained in the FR Y–
9 series of reports.
6
The FR Y–9CS is a supplemental report that may
be utilized by the Board to collect additional
information that is needed in an expedited manner
from HCs. The information collected on this
supplemental report is subject to change as needed.
Generally, the FR Y–9CS report is treated as public.
However, where appropriate, data items on the FR
Y–9CS report may be withheld under exemptions
4 and/or 8 of the Freedom of Information Act, (5
U.S.C. 552(b)(4) and (8)).
Estimated annual burden hours:
Reporting
FR Y–9C (non-advanced approaches
HCs CBLR) with less than $5 billion in
total assets): 8,276 hours; FR Y–9C (non-
advanced approaches HCs CBLR) with
$5 billion or more in total assets): 4,915
hours; (non-advanced approaches HCs
non-CBLR) with less than $5 billion in
total assets): 13,769 hours; FR Y–9C
(non-advanced approaches HCs non-
CBLR) with $5 billion or more in total
assets): 28,921 hours; FR Y–9C
(advanced approaches HCs): 3,693
hours; FR Y–9LP: 9,149 hours; FR Y–
9SP: 42,768 hours; FR Y–9ES: 42 hours;
FR Y–9CS: 472 hours.
Recordkeeping
FR Y–9C: 1,452 hours; FR Y–9LP:
1,736 hours; FR Y–9SP: 3,960 hours; FR
Y–9ES: 42 hours; FR Y–9CS: 472 hours.
General description of report:
The FR Y–9C consists of standardized
financial statements similar to the Call
Reports filed by commercial banks.
2
The
FR Y–9C collects consolidated data from
HCs and is filed quarterly by top-tier
HCs with total consolidated assets of $3
billion or more.
3
The FR Y–9LP, which collects parent
company only financial data, must be
submitted by each HC that files the FR
Y–9C, as well as by each of its
subsidiary HCs.
4
The report consists of
standardized financial statements.
The FR Y–9SP is a parent company
only financial statement filed
semiannually by HCs with total
consolidated assets of less than $3
billion. In a banking organization with
total consolidated assets of less than $3
billion that has tiered HCs, each HC in
the organization must submit, or have
the top-tier HC submit on its behalf, a
separate FR Y–9SP. This report is
designed to obtain basic balance sheet
and income data for the parent
company, and data on its intangible
assets and intercompany transactions.
The FR Y–9ES is filed annually by
each employee stock ownership plan
(ESOP) that is also an HC. The report
collects financial data on the ESOP’s
benefit plan activities. The FR Y–9ES
consists of four schedules: A Statement
of Changes in Net Assets Available for
Benefits, a Statement of Net Assets
Available for Benefits, Memoranda, and
Notes to the Financial Statements.
The FR Y–9CS is a free-form
supplemental report that the Board may
utilize to collect critical additional data
deemed to be needed in an expedited
manner from HCs. The data are used to
assess and monitor emerging issues
related to HCs, and the report is
intended to supplement the other FR Y–
9 reports. The data items included on
the FR Y–9CS may change as needed.
Legal authorization and
confidentiality: The Board has the
authority to impose the reporting and
recordkeeping requirements associated
with the Y–9 family of reports on bank
holding companies (‘‘BHCs’’) pursuant
to section 5 of the Bank Holding
Company Act (‘‘BHC Act’’), (12 U.S.C.
1844); on savings and loan holding
companies pursuant to section 10(b)(2)
and (3) of the Home Owners’ Loan Act,
(12 U.S.C. 1467a(b)(2) and (3)), as
amended by sections 369(8) and
604(h)(2) of the Dodd-Frank Wall Street
Reform and Consumer Protection Act
(‘‘Dodd-Frank Act’’); on U.S.
intermediate holding companies (‘‘U.S.
IHCs’’) pursuant to section 5 of the BHC
Act, (12 U.S.C. 1844), as well as
pursuant to sections 102(a)(1) and 165
of the Dodd-Frank Act, (12 U.S.C.
511(a)(1) and 5365);
5
and on securities
holding companies pursuant to section
618 of the Dodd-Frank Act, (12 U.S.C.
1850a(c)(1)(A)). The obligation to
submit the FR Y–9 series of reports, and
the recordkeeping requirements set forth
in the respective instructions to each
report, are mandatory.
With respect to the FR Y–9C report,
Schedule HI’s item 7(g) ‘‘FDIC deposit
insurance assessments,’’ Schedule HC–
P’s item 7(a) ‘‘Representation and
warranty reserves for 1–4 family
residential mortgage loans sold to U.S.
government agencies and government
sponsored agencies,’’ and Schedule HC–
P’s item 7(b) ‘‘Representation and
warranty reserves for 1–4 family
residential mortgage loans sold to other
parties’’ are considered confidential
commercial and financial information.
Such treatment is appropriate under
exemption 4 of the Freedom of
Information Act (‘‘FOIA’’), (5 U.S.C.
552(b)(4)), because these data items
reflect commercial and financial
information that is both customarily and
actually treated as private by the
submitter, and which the Board has
previously assured submitters will be
treated as confidential. It also appears
that disclosing these data items may
reveal confidential examination and
supervisory information, and in such
instances, this information would also
be withheld pursuant to exemption 8 of
the FOIA, (5 U.S.C. 552(b)(8)), which
protects information related to the
supervision or examination of a
regulated financial institution.
In addition, for both the FR Y–9C
report and the FR Y–9SP report,
Schedule HC’s memorandum item 2.b.,
the name and email address of the
external auditing firm’s engagement
partner, is considered confidential
commercial information and protected
by exemption 4 of the FOIA, (5 U.S.C.
552(b)(4)), if the identity of the
engagement partner is treated as private
information by HCs.
Aside from the data items described
above, the remaining data items on the
FR Y–9C report and the FR Y–9SP
report are generally not accorded
confidential treatment. The data items
collected on FR Y–9LP, FR Y–9ES, and
FR Y–9CS
6
reports, are also generally
not accorded confidential treatment. As
provided in the Board’s Rules Regarding
Availability of Information (12 CFR part
261), however, a respondent may
request confidential treatment for any
data items the respondent believes
should be withheld pursuant to a FOIA
exemption. The Board will review any
such request to determine if confidential
treatment is appropriate, and will
inform the respondent if the request for
confidential treatment has been denied.
To the extent that the instructions, to
the FR Y–9C, FR Y–9LP, FR Y–9SP, and
FR Y–9ES reports, each respectively
direct a financial institution to retain
the workpapers and related materials
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12 CFR part 217.
8
85 FR 4780 (January 27, 2020)
9
84 FR 35234 (July 22, 2019).
10
In general, an advanced approaches HC, as
defined in the Board’s Regulation Q, has
consolidated total assets of $250 billion or more,
has consolidated total on-balance sheet foreign
exposure of $10 billion or more, has a subsidiary
depository institution that uses the advanced
approaches to calculate its total risk-weighted
assets, or elects to use the advanced approaches to
calculate its total risk-weighted assets. See 12 CFR
217.100.
11
84 FR 61804 (November 13, 2019).
used in preparation of each report, such
material would only be obtained by the
Board as part of the examination or
supervision of the financial institution.
Accordingly, such information may be
considered confidential pursuant to
exemption 8 of the FOIA (5 U.S.C.
552(b)(8)). In addition, the financial
institution’s workpapers and related
materials may also be protected by
exemption 4 of the FOIA, to the extent
such financial information is treated as
confidential by the respondent (5 U.S.C.
552(b)(4)).
Current Actions
Overview
On December 27, 2019, the Board
published an initial notice in the
Federal Register (84 FR 71414)
requesting public comment for 60 days
on the extension for three years, with
revision, of the FR Y–9 reports. The
comment period for this notice expired
on February 25, 2020. The Board
proposed revisions to the FR Y–9
reports that would have implemented,
for regulatory reporting purposes,
various recent changes to the Board’s
regulatory capital rule.
7
The changes to
the Board’s regulatory capital rule
included in the December 2019 notice
related to the capital simplifications
rule, the community bank leverage ratio
(CBLR) rule, the standardized approach
for counterparty credit risk (SA–CCR)
on derivative contracts, and the high
volatility commercial real estate
(HVCRE) land development rule, all
discussed further below.
The Board also proposed, in the
December 2019 notice, instructional
revisions for the reporting of operating
lease liabilities and home equity lines of
credit (HELOCs) that convert from
revolving to non-revolving status.
The Board received one comment,
from a bankers’ association, on the
proposed extension, with revision, of
the FR Y–9 reports.
In connection with the December
2019 notice, the Board also considered
comments submitted regarding a
proposal to make similar revisions to
the Call Reports
8
in order to promote
consistency between the Call Reports
and the FR Y–9 reports. The Board,
Federal Deposit Insurance Corporation
(FDIC), and Office of the Comptroller of
the Currency (OCC) (the agencies)
received comments on the proposed
Call Report changes from four entities:
Three bankers’ associations and one
savings association. These comments
are addressed in the following sections
of this notice.
After considering the comments
received on the December 2019 notice,
as well as the comments on the recent
proposed changes to the Call Report, the
Board is adopting the reporting changes
proposed in the December 2019 notice
with modifications discussed in the
following sections of this notice.
The Board has adopted final rules for
all of the regulatory capital rulemakings
addressed in the December 2019 notice.
The capital-related reporting changes
discussed in the December 2019 notice
will be effective in the same quarters as
the effective dates of the various final
capital rules.
Proposed Revisions to the FR Y–9C
Simplifications Rule
The Board proposed to revise the FR
Y–9C to implement the Board’s final
rule to simplify certain aspects of the
capital rule (simplifications rule), which
made a number of changes to the
calculation of common equity tier 1
(CET1) capital, additional tier 1 capital,
and tier 2 capital for non-advanced
approaches holding companies that do
not apply to advanced approaches
institutions.
910
The simplifications rule
results in different calculations for these
tiers of regulatory capital for non-
advanced approaches holding
companies and advanced approaches
HCs. To reflect the effects of the
simplifications rule for non-advanced
approaches HCs, the Board proposed to
adjust the existing regulatory capital
calculations reported on Schedule HC–
R, Part I. Although the proposed report
would have included two sets of
calculations (for non-advanced
approaches HCs and advanced
approaches HCs), a HC would have been
required to complete only the set
applicable to that holding company.
The simplifications rule provides for
certain amendments to the capital rule,
associated with the proposed reporting
revisions to the FR Y–9C, with an
effective date of April 1, 2020. On
October 29, 2019, the Board issued a
final rule that permits non-advanced
approaches banking organizations to
implement the simplifications rule on
January 1, 2020.
11
As a result, non-
advanced approaches HCs have the
option to implement the simplifications
rule on the revised effective date of
January 1, 2020, or wait until the quarter
beginning April 1, 2020. The Board
proposed revisions to Schedule HC–R,
Regulatory Capital, to implement the
associated changes to the capital rule
effective as of the March 31, 2020,
report date, consistent with the
simplifications rule’s optional effective
date.
The Board proposed a number of
revisions that would have simplified the
capital calculations on Schedule HC–R,
Part I and Part II, and thereby reduced
burden. As previously mentioned, the
proposed FR Y–9C would have included
two sets of calculations (one that
incorporates the effects of the
simplifications rule and another that
does not); therefore, a holding company
would have been required to complete
only the column for the set of
calculations applicable to that holding
company. For the March 31, 2020,
report date, non-advanced approaches
HCs that elect to adopt the
simplifications rule on January 1, 2020,
would have been required to complete
the column for the set of calculations
that incorporates the effects of the
simplifications rule. Non-advanced
approaches HCs that elect to wait to
adopt the simplifications rule on April
1, 2020, and all advanced approaches
holding companies would have been
required to complete the column for the
set of calculations that does not reflect
the effects of this rule (i.e., that reflects
the capital calculation in effect for all
holding companies before this revision).
Beginning with the June 30, 2020, report
date, all non-advanced approaches
holding companies would have been
required to complete the column for the
set of calculations that incorporates the
effects of the simplifications. The
advanced approaches holding
companies would have been required to
complete the column that does not
reflect the effects of the simplifications
rule.
Currently, the regulatory capital
calculations in FR Y–9C Schedule HC–
R provide that a holding company’s
capital cannot include mortgage
servicing assets (MSAs), certain
temporary difference deferred tax assets
(DTAs), and significant investments in
the common stock of unconsolidated
financial institutions in an amount
greater than 10 percent of CET1 capital,
on an individual basis, and that those
three data items combined cannot
comprise more than 15 percent of CET1
capital. Under the simplifications rule,
the Board increased the threshold for
MSAs, DTAs that could not be realized
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The Board notes that the Tax Cuts and Jobs Act,
Public Law 115–97, 131 Stat. 2054 (2017),
eliminated the concept of net operating loss
carrybacks for U.S. federal income tax purposes,
although the concept may still exist in particular
jurisdictions for state or foreign income tax
purposes.
13
See 84 FR 35234 (July 22, 2019).
14
Note that for purposes of calculating the 10
percent nonsignificant equity bucket, the capital
rule excludes equity exposures that are assigned a
risk weight of zero percent or 20 percent and
community development equity exposures and the
effective portion of hedge pairs, both of which are
assigned a 100 percent risk weight. In addition, the
10 percent non-significant bucket excludes equity
exposures to an investment firm that would not
meet the definition of traditional securitization
were it not for the application of criterion 8 of the
definition of traditional securitization, and has
greater than immaterial leverage.
15
Equity exposures that exceed, in the aggregate,
10 percent of a non-advanced approaches banking
organization’s total capital would then be assigned
a risk weight based upon the approaches available
in sections 217.52 and 217.53 of the capital rule.
12 CFR 217.52 and .53.
16
See 84 FR 35234 (July 22, 2019).
17
84 FR 61776 (November 13, 2019).
18
See Public Law 115–174, 132 Stat. 1296 (2018).
through net operating loss carrybacks
(temporary difference DTAs),
12
and
investments in the capital of
unconsolidated financial institutions for
non-advanced approaches HCs. The
Board proposed to revise Schedule HC–
R to permit non-advanced approaches
HCs to include as capital MSAs and
temporary difference DTAs up to 25
percent of CET1 capital, on an
individual basis. In addition, the 15
percent aggregate limit would have been
be removed, and, the Board would have
revised the capital calculation for
minority interest included in the
various capital categories for non-
advanced approaches HCs and the
calculation of the capital conservation
buffer.
The simplifications rule also
combined the current three categories of
investments in financial institutions
(non-significant investments in the
capital of unconsolidated financial
institutions, significant investments in
the capital of unconsolidated financial
institutions that are in the form of
common stock, and significant
investments in the capital of
unconsolidated financial institutions
that are not in the form of common
stock) into a single category:
Investments in the capital of
unconsolidated financial institutions.
The simplifications rule will apply a
limit of 25 percent of CET1 capital on
the amount of these investments that
can be included in capital. Any
investments in excess of the 25 percent
limit would be deducted from capital
using the corresponding deduction
approach.
13
The Board proposed to
revise the FR Y–9C to implement this
change.
Consistent with the current capital
rule, a holding company must risk
weight MSAs, temporary difference
DTAs, and investments in the capital of
unconsolidated financial institutions
that are not deducted. As a result of the
simplifications rule, non-advanced
approaches banking organizations will
not be required to differentiate among
categories of investments in the capital
of unconsolidated financial institutions.
The risk weight for such equity
exposures generally will be 100 percent,
provided the exposures qualify for this
risk weight.
14
For non-advanced
approaches banking organizations, the
simplifications rule eliminates the
exclusion of significant investments in
the capital of unconsolidated financial
institutions in the form of common
stock from being eligible for a 100
percent risk weight.
15
The application of
the 100 percent risk weight (i) requires
a banking organization to follow an
enumerated process for calculating the
adjusted carrying value, and (ii)
mandates the inclusion of equity
exposures to determine whether the
threshold has been reached. Equity
exposures that do not qualify for a
preferential risk weight will generally
receive risk weights of either 300
percent or 400 percent, depending on
whether the equity exposures are
publicly traded.
16
The Board proposed
to revise the FR Y–9C to implement this
change, as discussed below.
In order to implement these
regulatory capital changes, a number of
revisions were proposed to Schedule
HC–R, Part I, for non-advanced
approaches HCs. Specifically, the Board
proposed to create two columns for
existing items 11 through 19 on the FR
Y–9C. Column A would have been
reported by non-advanced approaches
HCs that elect to adopt the
simplifications rule on January 1, 2020,
in the March 31, 2020, FR Y–9C report
and by all non-advanced approaches
HCs beginning in the June 30, 2020, FR
Y–9C report using the definitions under
the simplifications rule. Column A
would not have included items 11 or 16,
and items 13 through 15 would have
been designated as items 13.a, column
A through item 15.a, column A to reflect
the new calculation methodology.
Column B would have been reported by
advanced approaches HCs and by non-
advanced approaches HCs that elect to
wait to adopt the simplifications rule on
April 1, 2020, in the March 31, 2020, FR
Y–9C report and only by advanced
approaches HCs beginning in the June
30, 2020, FR Y–9C report using the
existing definitions. Existing items 13
through 15 would have been designated
as items 13.b, column B through item
15.b, column B to reflect continued use
of the existing calculation methodology.
With respect to the revisions related
to the capital calculation for minority
interests, the Board proposed to modify
the FR Y–9C instructions to reflect the
ability of non-advanced approaches HCs
to use the revised method under the
simplifications rule to calculate
minority interest in existing items 4, 22,
and 39 (CET1, additional tier 1, and tier
2 minority interest, respectively).
In addition, as a result of certain
changes made by the capital
simplifications rule, the Board proposal
would have clarified when a holding
company must report the amount of
distributions and discretionary bonus
payments in Schedule HC–R, Part I,
item 48 (which would have been
renumbered as item 52). The Board
would have clarified the instructions for
renumbered item 52 to explain that an
institution must report the amount of
distributions and discretionary bonus
payments made during the calendar
quarter ending on the report date, if the
amount of its capital conservation buffer
that it reported for the previous calendar
quarter-end report date was less than its
applicable required buffer percentage on
that previous calendar quarter-end
report date. This change would have
enhanced the Board’s ability to monitor
compliance with the limitations on
distributions and discretionary bonus
payments. Holding companies would
have been required to comply with this
instructional clarification beginning
with the March 31, 2020, report date.
The Board received no comments
regarding the proposed revisions to the
FR Y–9C related to the capital
simplifications rule, and the comments
received on the Call Reports were not
applicable to these proposed revisions.
The Board has adopted the proposed
revisions to the FR Y–9C related to the
simplifications rule without
modification.
Community Bank Leverage Ratio
The Board proposed to revise the FR
Y–9C to implement a simplified
alternative measure of capital adequacy,
the community bank leverage ratio
(CBLR), for qualifying HCs with less
than $10 billion in total consolidated
assets. The proposed revisions would
have aligned the FR Y–9C with the
CBLR final rule,
17
which implemented
section 201 of the Economic Growth,
Regulatory Relief, and Consumer
Protection Act (EGRRCPA).
18
The
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19
84 FR 61776 (November 13, 2019).
20
For example, if the CBLR HC no longer meets
one of the qualifying criteria as of February 15, and
still does not meet the criteria as of the end of that
quarter, the grace period for such an HC will begin
as of the end of the quarter ending March 31. The
banking organization may continue to use the CBLR
framework as of June 30, but will need to comply
fully with the generally applicable rule (including
the associated reporting requirements) as of
September 30, unless the HC once again meets all
qualifying criteria of the CBLR framework,
including a leverage ratio of greater than 9 percent,
by that date.
21
84 FR 61776 (November 13, 2019).
22
As provided in the CBLR final rule, the Board
would reserve the authority to disallow the use of
the CBLR framework by an HC based on the risk
profile of the HC. This authority derives from the
general reservation of authority included in the
Board’s Regulation Q, in which the CBLR
framework is codified. See 12 CFR 217.1(d).
proposed revisions to the FR Y–9C
would have become effective for the
March 31, 2020, report date, the first
report date in respect of which a HC
could elect to opt into the framework
established by the community leverage
bank ratio final rule (CBLR framework).
Under the CBLR final rule, HCs that
have less than $10 billion in total
consolidated assets, meet risk-based
qualifying criteria, and have a leverage
ratio of greater than 9 percent would be
eligible to opt into the CBLR framework.
A HC that opts into the CBLR
framework, maintains a leverage ratio of
greater than 9 percent, and continues to
meet the other qualifying criteria will be
considered to have satisfied the
generally applicable risk-based and
leverage capital requirements and any
other capital or leverage requirements to
which it is subject.
19
Under the CBLR final rule, a holding
company that opts into the CBLR
framework (CBLR HC) may opt out of
the CBLR framework at any time,
without restriction, by reverting to the
generally applicable capital
requirements in the Board’s capital rule
and reporting its regulatory capital
information in the FR Y–9C Schedule
HC–R, ‘‘Regulatory Capital,’’ Parts I and
II, at the time of opting out.
As described in the CBLR final rule,
a CBLR HC that no longer meets the
qualifying criteria for the CBLR
framework will be required within two
consecutive calendar quarters (grace
period) either to satisfy once again the
qualifying criteria or demonstrate
compliance with the generally
applicable capital requirements. During
the grace period, the HC would continue
to be treated as a CBLR HC and would
be required to report its leverage ratio
and related components in FR Y–9C
Schedule HC–R, Part I.
20
A CBLR HC
that ceases to meet the qualifying
criteria as a result of a business
combination (such as a merger) will
receive no grace period, and will
immediately become subject to the
generally applicable capital
requirements. Similarly, a CBLR HC that
fails to maintain a leverage ratio greater
than 8 percent would not be permitted
to use the grace period and would
immediately become subject to the
generally applicable capital
requirements.
21
The Board proposed to incorporate
revisions related to the CBLR framework
into Schedule HC–R, Part I. As provided
in the CBLR final rule, the numerator of
the community bank leverage ratio will
be tier 1 capital, which is currently
reported on Schedule HC–R, Part I, item
26. Therefore, the Board did not propose
any changes related to the numerator of
the CBLR.
As provided in the planned CBLR
final rule, the denominator of the
community bank leverage ratio will be
average total consolidated assets.
Specifically, average total consolidated
assets would be calculated in
accordance with the existing reporting
instructions for Schedule HC–R, Part I,
items 36 through 39. The Board did not
propose any substantive changes related
to the denominator of the community
bank leverage ratio. However, the Board
proposed to move existing items 36
through 39 of Schedule HC–R, Part I,
and renumber them as items 27 through
30 of Schedule HC–R, Part I, to
consolidate all of the CBLR-related
capital items earlier in Schedule HC–R,
Part I.
As provided in the CBLR final rule, an
HC will calculate its community bank
leverage ratio by dividing tier 1 capital
by average total consolidated assets (as
adjusted), and the community bank
leverage ratio would be reported as a
percentage, rounded to four decimal
places. Since this calculation is
essentially identical to the existing
calculation of the tier 1 leverage ratio in
Schedule HC–R, Part I, item 44, the
Board did not propose a separate item
for the community bank leverage ratio
in Schedule HC–R, Part I. Instead, the
Board proposed to move the tier 1
leverage ratio from item 44 of Part I and
renumber it as item 31, and rename the
item to the Leverage Ratio, as this ratio
would apply to all HCs (as the
community bank leverage ratio for
qualifying HCs or the tier 1 Leverage
Ratio for all other HCs).
As provided in the CBLR final rule, a
CBLR bank will need to satisfy certain
qualifying criteria in order to be eligible
to opt into the CBLR framework. The
proposed items identified below would
have collected information necessary to
ensure that a HC continuously meets the
qualifying criteria for using the CBLR
framework.
Qualifying Criteria for Using the CBLR
Framework
A HC will need to satisfy certain
qualifying criteria to be eligible to opt
into the CBLR framework. The proposed
items below would have collected the
information necessary to ensure that an
HC continuously meets the qualifying
criteria for using the CBLR framework.
Specifically, a qualifying HC must not
be an advanced approaches HC and
must meet the following criteria:
A leverage ratio of greater than 9
percent;
Total consolidated assets of less
than $10 billion;
Total trading assets and trading
liabilities of 5 percent or less of total
consolidated assets; and
Total off-balance sheet exposures
(excluding derivatives other than sold
credit derivatives and unconditionally
cancelable commitments) of 25 percent
or less of total consolidated assets.
22
Accordingly, the Board proposed to
collect the items described below from
CBLR HCs only:
In proposed item 32 of Schedule
HC–R, Part I, a CBLR HC would have
reported total assets, as reported in
Schedule HC, item 12.
In proposed item 33, a CBLR HC
would have reported the sum of trading
assets from Schedule HC, item 5, and
trading liabilities from Schedule HC,
item 15, in Column A. The HC would
also have reported that sum divided by
total assets from Schedule HC, item 12,
and expressed as a percentage in
Column B. As provided in the CBLR
final rule, trading assets and trading
liabilities would have been added
together, not netted, for purposes of this
calculation. Also as discussed in the
CBLR final rule, a HC would not meet
the definition of a qualifying
community banking organization for
purposes of the CBLR framework if the
percentage reported in Column B were
greater than 5 percent.
In proposed items 34.a through
34.d, a CBLR HC would have reported
information related to commitments,
other off-balance sheet exposures, and
sold credit derivatives.
—In proposed item 34.a, a CBLR HC
would have reported the unused
portion of conditionally cancellable
commitments. This amount would
have been the amount of all unused
commitments less the amount of
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23
See definition of ‘‘unconditionally cancellable’’
in 12 CFR 217.2.
unconditionally cancellable
commitments, as discussed in the
CBLR final rule and defined in the
agencies’ capital rule.
23
This item
would have been calculated
consistent with the sum of Schedule
HC–R, Part II, items 18.a and 18.b,
Column A.
—In proposed item 34.b, a CBLR HC
would have reported total securities
lent and borrowed, which would have
been the sum of Schedule HC–L,
items 6.a and 6.b.
—In proposed item 34.c, a CBLR HC
would have reported the sum of
certain other off-balance sheet
exposures and sold credit derivatives.
Specifically, a CBLR HC would have
reported the sum of self-liquidating,
trade-related contingent items that
arise from the movement of goods;
transaction-related contingent items
(performance bonds, bid bonds,
warranties, and performance standby
letters of credit); sold credit
protection in the form of guarantees
and credit derivatives; credit-
enhancing representations and
warranties; financial standby letters of
credit; forward agreements that are
not derivative contracts; and off-
balance sheet securitizations. A CBLR
HC would not have included
derivatives that are not sold credit
derivatives, such as foreign exchange
swaps and interest rate swaps, in
proposed item 34.c.
—In proposed item 34.d, a CBLR HC
would have reported the sum of
proposed items 34.a through 34.c in
Column A. The HC would also have
reported that sum divided by total
assets from Schedule HC, item 12, and
expressed as a percentage in Column
B. As discussed in the CBLR final
rule, a HC would not have been
eligible to opt into the CBLR
framework if this percentage is greater
than 25 percent.
In proposed item 35, a CBLR HC
would have reported the total of
unconditionally cancellable
commitments, which would have been
calculated consistent with the
instructions for existing Schedule HC–
R, Part II, item 19. This item would not
have been used specifically to calculate
a HC’s eligibility for the CBLR
framework. However, the Board
proposed to collect this information in
order to monitor balance sheet
exposures that are not reflected in the
CBLR framework and to identify any
CBLR HCs with elevated concentrations
in unconditionally cancellable
commitments.
In proposed item 36, a CBLR HC
would have reported the amount of
investments in the capital instruments
of an unconsolidated financial
institution that would qualify as tier 2
capital. Since the CBLR framework does
not have a total capital requirement, a
CBLR HC is neither required to calculate
tier 2 capital nor make any deductions
that would be taken from tier 2 capital.
Therefore, if a CBLR HC has
investments in the capital instruments
of an unconsolidated financial
institution that would qualify as tier 2
capital of the CBLR HC under the
generally applicable capital
requirements (tier 2 qualifying
instruments), and the CBLR HC’s total
investments in the capital of
unconsolidated financial institutions
exceed 25 percent of its CET1 capital,
the CBLR HC is not required to deduct
the tier 2 qualifying instruments. A
CBLR HC is required to make a
deduction from CET1 capital or T1
capital only if the sum of its
investments in the capital of an
unconsolidated financial institution is
in a form that would qualify as CET1
capital or T1 capital instruments of the
CBLR HC and the sum exceeds the 25
percent CET1 threshold. However, the
Board believes it is important to
continue collecting information on the
amount of investments in these capital
instruments in order to identify any
instances where such activity
potentially creates an unsafe or unsound
practice or condition.
Because a CBLR HC would not be
subject to the generally applicable
capital requirements, a CBLR HC would
not have been required to complete any
of the items in Schedule HC–R, Part I,
after proposed item 36, nor would the
holding company have been required to
complete Schedule HC–R, Part II, Risk-
Weighted Assets.
In connection with moving the
leverage ratio calculations and inserting
items for the CBLR qualifying criteria in
Schedule HC–R, Part I, existing items 27
through 35 of Schedule HC–R, Part I,
would have been renumbered as items
37 through 45. Existing items 40
through 43 would have been
renumbered as items 46 through 49,
while existing items 46 through 48
would have been renumbered as items
50 through 52. For advanced approaches
HCs, existing item 45 for total leverage
exposure and the supplementary
leverage ratio, would have been
renumbered as item 53.
A CBLR HC would have indicated
that it has elected to apply the CBLR
framework by completing Schedule HC–
R, Part I, items 32 through 36. HCs not
subject to the CBLR framework would
have been required to report all data
items in Schedule HC–R, Part I, except
for items 32 through 36.
Comments Received and Final CBLR
Rule Reporting Revisions
The Board did not receive any
comments on the FR Y–9C report
related to the CBLR changes. However,
the Board considered comments
received on the Call Report proposal,
and adopted changes on the FR Y–9C to
maintain consistency with the Call
Report. Several comments were received
on the Call Report proposal related to
the CBLR proposed changes. One
commenter supported the proposed line
item additions to Schedule RC–R, Part
I, to support changes to the leverage
ratio, but another commenter
recommended removing proposed items
35 through 38.c (items 37 through 38.c
are not applicable to the FR Y–9C) of
Part I because the data to be reported are
not qualifying criteria under the CBLR
framework. Two commenters did not
favor the proposal to move existing
items 36 through 39 of Schedule RC–R,
Part I, which are used to measure total
assets for the leverage ratio, and existing
item 44, ‘‘Tier 1 leverage ratio,’’ from
their present locations in Part I of the
schedule to an earlier position in Part I
where all of the CBLR-related items
would have been reported, with these
five items renumbered as items 27
through 31. One of the commenters
stated that, although this proposed
change in the presentation of Part I of
Schedule RC–R would not affect the
results of individual items in Part I, the
proposed new presentation could be
confusing to end users of the schedule.
The second commenter expressed
concern about inserting the data items
for the CBLR framework within existing
Schedule RC–R, Part I, rather than in a
separate version of the schedule, as had
been originally proposed in April 2019,
because the insertion of these data items
would be confusing and could lead to
reporting errors. Thus, this commenter
suggested a break-up of the proposed
revised structure of Part I of Schedule
RC–R into three separate parts, with
existing Part II of Schedule RC–R
becoming the fourth part of the
schedule. In addition, this commenter
noted that an institution that is eligible
to opt into the CBLR framework may opt
into and out of the framework at any
time, and that there is a grace period for
an institution that no longer meets the
qualifying criteria for the CBLR
framework.
The Board has considered these
comments on the Call Report and will
retain proposed FR Y–9C items 35
through 36 for reporting by CBLR
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24
85 FR 4362 (January 24, 2020).
25
84 FR 59230 (November 1, 2019).
26
The Board’s final tailoring rule, approved on
October 10, 2019, describes a Category III banking
organization generally as a banking organization
with $250 billion or more in total consolidated
assets that is not a global systemically important
bank (GSIB) nor has significant international
activity, or a banking organization with total
consolidated assets of $100 billion or more, but less
than $250 billion, that meets or exceeds other
specified risk-based indicators. See ‘‘Prudential
Standards for Large Bank Holding Companies,
Savings and Loan Holding Companies, and Foreign
holding companies in Schedule HC–R,
Part I, as proposed for the reasons cited
in the December 2019 notice. While
these items are not used specifically to
calculate a holding company’s eligibility
for the CBLR framework, the Board
considers collecting information on
unconditionally cancellable
commitments or investments in the tier
2 capital instruments important for
identifying instances where such
activity potentially creates an unsafe or
unsound practice or condition.
The Board will also retain the
proposed movement of the data items
related to the leverage ratio to a position
immediately after the calculation of tier
1 capital (designated items 27 through
31 of Schedule HC–R, Part I, as it would
be revised) as well as the placement of
the proposed data items to be completed
only by CBLR holding companies,
including those within the grace period
(designated items 32 through 36 of
Schedule HC–R, Part I, as it would be
revised). Because all holding companies
are subject to a leverage ratio
requirement, all institutions must
calculate and report the ratio’s
numerator, which is tier 1 capital, and
its denominator, which is based on
average total assets. As a consequence,
items 1 through 31 of Part I would be
applicable to and completed by all
institutions. Moving the leverage ratio
data items as proposed would allow
CBLR holding companies to avoid
completing the remainder of Schedule
HC–R after item 36 of Part I. The Board
considers this option less confusing for
CBLR holding companies than having to
complete the leverage ratio items in
their current location, which is after
numerous items that will not be
applicable to CBLR holding companies.
Furthermore, the Board will modify
the formatting of Schedule HC–R, Part I,
to better distinguish the data items that
should be completed only by CBLR
holding companies and those that
should be completed only by those
institutions applying the generally
applicable capital requirements. This
will be accomplished by improving the
captioning before Schedule HC–R, Part
I, item 32, which is the first data item
to be completed only by CBLR holding
companies, and between items 36,
which is the final data item only for
CBLR holding companies banks, and
item 37, which is the first data item
applicable only to other institutions
subject to the generally applicable
capital requirements. The portion of
Schedule HC–R, Part I, applicable only
to CBLR holding companies also will be
marked by bordering. These
modifications to the formatting of Part I
should functionally achieve an outcome
similar to the comment suggesting that
Part I be split into Parts 1, 2, and 3 with
existing Part II then renumbered as Part
4. In addition, the Board acknowledges
that, under the CBLR final rule, a
holding company that is eligible to opt
into the CBLR framework may choose to
opt into or out of this framework at any
time and for any reason. Accordingly,
the Board agrees with the commenter’s
recommendation that an institution
should report its status as of the report
date regarding the use of the CBLR
framework. Therefore, the Board will
add a ‘‘yes/no’’ item 31.a to Schedule
HC–R, Part I, after item 31, ‘‘Leverage
ratio,’’ in which each holding company
would report whether it has a CBLR
framework election in effect as of the
quarter-end report date. An institution
would answer ‘‘yes’’ if it qualifies for
the CBLR framework (even if it is within
the grace period) and has elected to
adopt the framework as of that report
date. Otherwise, the institution would
answer ‘‘no.’’ Captioning after the ‘‘yes/
no’’ response to item 31.a would
indicate which of the subsequent data
items in Schedule HC–R should be
completed based on the response to
item 31.a. This ‘‘yes/no’’ response
should assist a holding company in
understanding which specific data items
it should complete in the rest of
Schedule HC–R. The response also
should assist users of Schedule HC–R in
understanding the regulatory capital
regime an institution is following as of
the report date. The Board is not
adopting a commenter’s
recommendation to add additional data
items relating to use of the CBLR, for
example by differentiating between
holding companies that currently meet
the CBLR qualifying criteria and those
that are within the grace period, as the
Board does not need this additional
level of detail in the FR Y–9C report.
The Board is adopting modifications
to the format and structure of Part I of
Schedule HC–R to limit the burden on
reporting institutions and lessen
possible confusion for both qualifying
community institutions that elect to
adopt the CBLR framework and other
data users.
Aside from these changes, the Board
has adopted the proposed revisions to
the FR Y–9C related to the CBLR.
Standardized Approach for
Counterparty Credit Risk on
Derivatives
The Board proposed to revise the FR
Y–9C instructions to implement changes
to the capital rule regarding how to
calculate the exposure amount of
derivative contracts (the standardized
approach for counterparty credit risk, or
‘‘SA–CCR’’) that were implemented by
final rule (the ‘‘SA–CCR final rule’’).
24
The SA–CCR final rule amends the
capital rule by replacing the current
exposure methodology (CEM) with SA–
CCR for advanced approaches HCs. The
final rule requires holding companies
subject to Category I and II standards
(Category I and II holding companies)
under the Board’s tailoring final rule
25
to use SA–CCR to calculate their
standardized total risk-weighted assets
and permits non-advanced approaches
banking organizations the option of
using SA–CCR in place of CEM to
calculate the exposure amount of their
noncleared and cleared derivative
contracts.
Category I and II banking
organizations will have to choose either
SA–CCR or the internal models
methodology (IMM) to calculate the
exposure amount of their noncleared
and cleared derivative contracts in
connection with calculating their risk-
based capital under the advanced
approaches. The SA–CCR final rule
provides for the eventual elimination of
the current methods for Category I and
II banking organizations to determine
the risk-weighted asset amount for their
default fund contributions to a central
counterparty (CCP) or a qualifying
central counterparty (QCCP) and
implements a new and simpler method
that would be based on the banking
organization’s pro rata share of the
CCP’s and QCCP’s default fund.
However, the final rule allows banking
organizations that elect to use SA–CCR
to continue to use method 1 and method
2 under CEM to calculate the risk-
weighted asset amount for default fund
contributions until January 1, 2022.
Under the SA–CCR final rule, a non-
advanced approaches HC will be able to
use either CEM or SA–CCR to calculate
the exposure amount of any noncleared
and cleared derivative contracts and to
determine the risk-weighted asset
amount of any default fund
contributions under the standardized
approach. A HC that meets the criteria
for a banking organization subject to
Category III standards
26
will also use
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Banking Organizations,’’ 84 FR 59032 (November 1,
2019).
27
12 CFR part 217.2.
28
84 FR 68019 (December 13, 2019).
29
Section 214 became effective upon enactment
of the EGRRCPA. Accordingly, on July 6, 2018, the
Board, along with the Office of the Comptroller of
the Currency (OCC) and the Federal Deposit
Insurance Corporation (FDIC), issued a statement
advising institutions that, when determining which
loans should be subject to a heightened risk weight,
they may choose to continue to apply the current
regulatory definition of HVCRE exposure, or they
may choose to apply the heightened risk weight
only to those loans they reasonably believe meet the
definition of ‘‘HVCRE ADC loan’’ set forth in
section 214 of the EGRRCPA. See Board, FDIC, and
OCC, Interagency statement regarding the impact of
the Economic Growth, Regulatory Relief, and
Consumer Protection Act (EGRRCPA). https://
www.federalreserve.gov/newsevents/pressreleases/
files/bcreg20180706a1.pdf.
The Board temporarily implemented this revision
to the FR Y–9C through an emergency PRA
clearance that permitted, but did not require, a HC
to use the definition of HVCRE ADC loan in place
of the existing definition of HVCRE loan.
SA–CCR for calculating its
supplementary leverage ratio if it
chooses to use SA–CCR to calculate its
derivative and default fund exposures.
Accordingly, the Board proposed to
revise the instructions for HC–R Part II,
consistent with the SA–CCR final rule.
Generally, the proposed revisions to the
reporting of derivatives elements in
Schedule HC–R, Part II, were driven by
differences in the methodology for
determining the exposure amount of a
derivative contract under SA–CCR
relative to CEM. The General
Instructions for Schedule RC–R, Part II,
and the instructions for Schedule RC–R,
Part II, items 20, 21, and Memorandum
items 1 through 3 would have been
revised. These proposed revisions
would have been effective for the June
30, 2020, report date, the same quarter
as the effective date of the SA–CCR final
rule, with a mandatory compliance date
of January 1, 2022.
Comments Received and Instructions
for Reporting Derivatives
The Board received a comment from
a bankers’ association requesting
additional clarification to the FR Y–9C
instructions that conform to changes on
the Call Report related to certain
derivatives reporting issues. The Call
Report commenters sought clarification
as to whether, for purposes of reporting
derivatives referred to as settled-to-
market contracts in Memorandum item
3, the remaining maturity of such
derivatives should be the remaining
maturity used to determine the
conversion factor for the calculation of
the potential future exposures (PFE) of
these contracts or the contractual
remaining maturity of these contracts.
The derivatives information reported in
Memorandum items 1 through 3 of
Schedule HC–R, Part II, is collected to
assist the Board in understanding, and
assessing the reasonableness of, the
credit equivalent amounts of the over-
the-counter derivatives and the centrally
cleared derivatives reported in Schedule
HC–R, Part II, items 20 and 21, column
B. Accordingly, when reporting settled-
to-market centrally cleared derivative
contracts in Memorandum item 3, the
remaining maturity used to determine
the applicable conversion factor should
be the basis for reporting. The Board
revised the instructions for Schedule
HC–R, Part II, Memorandum item 3, to
clarify the reporting of settled-to-market
centrally cleared derivative contracts.
The commenter on the Call Report
proposal also expressed concerns
related to the reporting of notional
amounts in Schedule HC–R by
institutions that use SA–CCR. The
commenter recommended that the
notional amounts for institutions that
use SA–CCR should be based on the
contractual notional amount, i.e., the
notional amount as defined in U.S.
generally accepted accounting
principles, consistent with current
practice in Schedule HC–R. Institutions
report the notional amounts of over-the-
counter and centrally cleared derivative
contracts by remaining maturity in
Schedule HC–R, Part II, Memorandum
items 2 and 3. After considering this
comment, the Board will clarify the
instructions for Schedule HC–R, Part II,
Memorandum items 2 and 3, to indicate
that all institutions, including those that
use SA–CCR to calculate exposure
amounts, should report contractual
notional amounts. The Board also
clarified the reporting instructions to
Schedule HC–L that all notional
amounts should be based on U.S. GAAP
contractual notional amounts.
The commenter recommended that
the Board revise the FR Y–9C
instructions on reporting of notional
amounts in Schedule HC–L, Derivatives
and Off-Balance Sheet Items, and
Schedule HC–R, Part II, Risk-Weighted
Assets, for derivatives that have
matured, but have associated unsettled
receivables or payables that are reported
as assets or liabilities, respectively, on
the balance sheet as of the quarter-end
report date. In seeking clarification of
the reporting requirements for such
situations, the commenter
recommended not reporting the notional
amounts for derivatives that have
matured. The Board agrees and has
clarified the FR Y–9C, Schedule HC–L
and Schedule HC–R, instructions to
exclude reporting of the notional
amounts of derivatives that have
matured. The Board considered another
comment received on the Call Report
regarding clarification on whether the
client facing leg of a derivative cleared
through a central counterparty or a
qualified central counterparty should be
reported as an OTC or centrally cleared
derivative. The Board has clarified the
FR Y–9C instructions for HC–R, Part II,
items 20 and 21 to clarify that such
derivatives should be reported in HC–R,
Part II, item 20, as an over-the-counter
derivative.
Two Call Report commenters
addressed the reporting of the fair value
of collateral held against over-the-
counter (OTC) derivative exposures by
type of collateral and type of derivative
counterparty in Schedule RC–L, item
16.b, and questioned whether this
information is meaningful. One
commenter requested clarification of the
purpose for collecting this information
while the other recommended no longer
collecting this information. The data
items for reporting the fair value of
collateral are applicable to institutions
with total assets of $10 billion or more.
In general, the Board uses this
information collected on the FR Y–9C in
its oversight and supervision of holding
companies engaging in OTC derivative
activities. The breakdown of the fair
value of collateral posted for OTC
derivative exposures in Schedule HC–L,
item 15.b provides the Board with
important insights into the extent to
which collateral is used as part of the
credit risk management practices
associated with derivative credit
exposures to different types of
counterparties and changes over time in
the nature and extent of the collateral
protection.
Aside from the changes discussed
above, the Board has adopted the
proposed revisions to the FR Y–9C
relating to SA–CCR.
High Volatility Commercial Real Estate
(HVCRE)
The Board proposed to revise the FR
Y–9C instructions to implement changes
to the HVCRE exposure definition in
section 2 of the capital rule
27
to
conform to the statutory definition of an
HVCRE Acquisition, Development, or
Construction (ADC) loan (HVCRE final
rule).
28
The revisions align the capital
rule with section 214 of the EGRRCPA
to exclude from the definition of HVCRE
exposure credit facilities that finance
the acquisition, development, or
construction of one- to four-family
residential properties.
29
The HVCRE final rule also clarifies
the definition of HVCRE exposure in the
capital rule by adding a new paragraph
that provides that the exclusion for one-
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30
https://www.federalreserve.gov/reportforms/
supplemental/SI_FRY9_201903.pdf.
31
Holding companies report additional
information on open-end and closed-end loans
secured by 1–4 family residential properties in
certain other FR Y–9C schedules in accordance
with the loan category definitions in Schedule HC–
C, items 1.c.(1), 1.c.(2)(a), and 1.c.(2)(b).
to four-family residential properties
would not include credit facilities that
solely finance land development
activities, such as the laying of sewers,
water pipes, and similar improvements
to land, without any construction of
one- to four-family residential
structures. In order for a loan to be
eligible for this exclusion, the credit
facility is required to include financing
for construction of one- to four-family
residential structures.
The Board proposed to make
conforming revisions to the instructions
for Schedule HC–R, Part II, items 4.b
and 5.b in order to implement the
HVCRE final rule for all reporting HCs.
The Board received no comments on
these proposed revisions for HVCRE and
will implement them as proposed.
Operating Lease Liabilities
In February 2016, the FASB issued
ASU No. 2016–02, ‘‘Leases,’’ which
added Topic 842, Leases, to the
Accounting Standards Codification
(ASC). Once ASU 2016–02 is effective
for a holding company, the ASU’s
accounting requirements, as amended
by certain subsequent ASUs, supersede
ASC Topic 840, Leases.
The most significant change that ASC
Topic 842 makes to the previous lease
accounting requirements is to lessee
accounting. Under the lease accounting
standards in ASC Topic 840, lessees
recognize lease assets and lease
liabilities on the balance sheet for
capital leases, but do not recognize
operating leases on the balance sheet.
The lessee accounting model under
Topic 842 retains the distinction
between operating leases and capital
leases, which the new standard labels
finance leases. However, the new
standard requires lessees to record a
right-of-use (ROU) asset and a lease
liability on the balance sheet for
operating leases. (For finance leases, a
lessee’s lease asset also is designated an
ROU asset.) In general, the new standard
permits a lessee to make an accounting
policy election to exempt leases with a
term of one year or less at their
commencement date from on-balance
sheet recognition.
For HCs that are public business
entities, as defined under U.S. GAAP,
ASU 2016–02 is effective for fiscal years
beginning after December 15, 2018,
including interim reporting periods
within those fiscal years. For HCs that
are not public business entities, at
present, the new standard is effective for
fiscal years beginning after December
15, 2019, and interim reporting periods
within fiscal years beginning after
December 15, 2020. Early application of
the new standard is permitted for all
HCs.
The Board proposed to revise the FR
Y–9C instructions to implement changes
for operating leases to be reported as
other liabilities instead of other
borrowings for regulatory reporting
purposes. The proposed changes would
have better aligned the reporting of the
single noninterest expense item for
operating leases in the income statement
(which is the presentation required by
ASC Topic 842) with their balance sheet
classification.
The FR Y–9C Report Supplemental
Instructions for March 2019
30
stated
that a lessee should report lease
liabilities for operating leases and
finance leases, including lease liabilities
recorded upon adoption of the ASU, in
Schedule HC–M, item 14, ‘‘Other
borrowings,’’ which is consistent with
the current FR Y–9C instructions for
reporting a lessee’s obligations under
capital leases under ASC Topic 840. In
response to this instructional guidance,
the Board received questions from HCs
concerning the reporting of a bank
lessee’s lease liabilities for operating
leases. These HCs indicated that
reporting operating lease liabilities as
other liabilities instead of other
borrowings would better align the
reporting of the single noninterest
expense item for operating leases in the
income statement (which is the
presentation required by ASC Topic
842) with their balance sheet
classification and would be consistent
with how these HCs report operating
lease liabilities internally.
The Board agrees with the views
expressed by these HCs and proposed to
require that operating lease liabilities be
reported on the FR Y–9C balance sheet
in Schedule HC, item 20, ‘‘Other
liabilities.’’ In Schedule HC–G, Other
Liabilities, operating lease liabilities
would be reported in item 4, ‘‘Other’’
effective March 31, 2020. The Board
received no comments on these
proposed revisions for operating lease
liabilities and will implement them as
proposed.
Reporting Home Equity Lines of Credit
That Convert From Revolving to Non-
Revolving Status
Holding companies report the amount
outstanding under revolving, open-end
lines of credit secured by 1–4 family
residential properties (commonly
known as home equity lines of credit or
HELOCs) in item 1.c.(1) of Schedule
HC–C, Loans and Lease Financing
Receivables. The amounts of closed-end
loans secured by 1–4 family residential
properties are reported in Schedule HC–
C, item 1.c.(2)(a) or (b), depending on
whether the loan is a first or a junior
lien.
31
A HELOC is a line of credit secured
by a lien on a 1–4 family residential
property that generally provides a draw
period followed by a repayment period.
During the draw period, a borrower has
revolving access to unused amounts
under a specified line of credit. During
the repayment period, the borrower can
no longer draw on the line of credit, and
the outstanding principal is either due
immediately in a balloon payment or
repaid over the remaining loan term
through monthly payments. The FR Y–
9C instructions previously did not
address the reporting treatment for a
home equity line of credit when it
reaches its end-of-draw period and
converts from revolving to nonrevolving
status. This led to inconsistency in how
these credits were reported in Schedule
HC–C, items 1.c.(1), 1.c.(2)(a), and
1.c.(2)(b), and in other holding company
items that use the definitions of these
three loan categories.
To address this absence of
instructional guidance and promote
consistency in reporting, the Board
proposed to clarify the instructions for
reporting loans secured by 1–4 family
residential properties by specifying that
after a revolving open-end line of credit
has converted to non-revolving closed-
end status, the loan should be reported
as closed-end in Schedule HC–C, item
1.c.(2)(a) or (b), as appropriate.
The Board believes that it is important
to collect accurate data on loans secured
by 1–4 family residential properties in
the FR Y–9C report. Consistent
classification of HELOCs based on the
status of the draw period is particularly
important for the Board’s safety and
soundness monitoring. Due to the
structure of HELOCs discussed above,
borrowers generally are not required to
make principal repayments during the
draw period, which may create a
financial shock for borrowers when they
must make a balloon payment or begin
regular monthly repayments after the
draw period. Some HCs have reported
HELOCs past the draw period as
revolving, and this practice increases
the amounts outstanding, charge-offs,
recoveries, past dues, and nonaccruals
reported in the open-end category
relative to the amounts reported by HCs
that treat HELOCs past the draw period
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32
Accounting Standards Update No. 2019–04,
‘‘Codification Improvements to Topic 326,
Financial Instruments—Credit Losses, Topic 815,
Derivatives and Hedging, and Topic 825, Financial
Instruments,’’ issued in April 2019.
33
Capital Assessments and Stress Testing Report
(FR Y–14M), OMB Number 7100–0341.
as closed-end, which makes the data
less useful for analysis and safety and
soundness monitoring. In addition, in
Accounting Standards Update No.
2019–04,
32
the FASB amended ASC
Subtopic 326–20 on credit losses to
require that, when presenting credit
quality disclosures in notes to financial
statements prepared in accordance with
U.S. GAAP, an entity must separately
disclose line-of-credit arrangements that
are converted to term loans from line-of-
credit arrangements that remain in
revolving status. The Board determined
that there would be little or no impact
to the regulatory capital calculations or
other regulatory reporting requirements
as a result of this clarification.
Therefore, the Board proposed to clarify
the FR Y–9C instructions for Schedule
HC–C, items 1.c.(1), 1.c.(2)(a), and
1.c.(2)(b), to state that revolving open-
end lines of credit that have converted
to non-revolving closed-end status
should be reported as closed-end loans.
The effect of this clarification would
have extended to the instructions for
numerous data items elsewhere in the
FR Y–9C that reference the Schedule
HC–C, Part I, loan category definitions
for open-end and closed-end loans
secured by 1–4 family residential
properties and were identified in the
December 2019 notice.
In light of prior comments regarding
the time needed for any systems
changes, the Board proposed that
compliance with the clarified
instructions would not have been
required until the March 31, 2021,
report date. The Board’s December 2019
notice further proposed that institutions
not currently reporting in accordance
with the clarified instructions would
have been permitted, but not required,
to report in accordance with the
clarified instructions before that date.
Comments Received and Final
Reporting Revisions
The Board received a comment from
a bankers’ association requesting that
the Board ensure consistency across
regulatory reports by modifying the
proposed reporting of HELOCs in line
with comments on proposed Call Report
changes. In connection with the Call
Report proposal, three commenters
opposed the proposal to require that
HELOCs that have converted to non-
revolving closed-end status should be
reported as closed-end loans.
Commenters cited the numerous data
items in multiple Call Report schedules
that would be affected by this proposed
instructional clarification and the
reconfiguration of systems that would
need to be undertaken as well as a
definitional conflict between the Call
Report instructions as proposed for
clarification and the instructions for the
Board’s FR Y–14M report filed by
holding companies with total
consolidated assets of $100 billion or
more.
33
In addition, one commenter
stated that the proposed Call Report
instructional clarification may lead to
inconsistencies between the reporting of
HELOCs in open-end and closed-end
status in the Call Report and disclosures
of HELOCs made in filings with the
Securities and Exchange Commission
under the federal securities laws.
Another commenter cited differences in
the risk profiles of loans underwritten as
HELOCs and those underwritten as
closed-end loans at origination and
indicated that the proposed
instructional clarification could distort
performance trends for loans secured by
1–4 family residential properties as
HELOCs migrate between the open-end
and closed-end loan categories in the
Call Report. Two of the commenters
opposing the proposed instructional
clarification instead recommended the
creation of a memorandum item in the
Call Report loan schedule (Schedule
RC–C, Part I) to identify for supervisory
purposes the amount of HELOCs that
have converted to non-revolving closed-
end status. The other commenter
suggested segregating closed-end
HELOCs using a separate loan category
code, which may also imply separate
reporting and disclosure of such
HELOCs.
One Call Report commenter also
requested that the agencies clarify the
reporting treatment for ‘‘drawdowns of
a HELOC Flex product that contain
‘lock-out’ features,’’ which was
described as the borrower’s exercise of
an option to convert a draw on the line
of credit to ‘‘a fixed rate interest
structure with defined payments and
term.’’
After considering the comments
received on the FR Y–9C proposal and
the Call Report comments, the Board
will not implement the proposed
clarification to the instructions for
Schedule HC–C, Part I, items 1.c.(1),
1.c.(2)(a), and 1.c.(2)(b) that would have
resulted in revolving, open-end lines of
credit secured by 1–4 family residential
properties that have converted to non-
revolving closed-end status being
reported as closed-end loans. In light of
the guidance in the instructions for the
Board’s FR Y–14M report that directs
reporting entities to continue to report
HELOCs that are no longer revolving
credits in the Home Equity schedule,
the Board will adopt this treatment for
FR Y–9C purposes. However,
recognizing the existing diversity in
practice in which some institutions
report HELOCs that have converted
from revolving to non-revolving status
as closed-end loans in the FR Y–9C
while other institutions continue to
report such HELOCs as open-end loans,
the Board will instruct institutions to
report all HELOCs that convert to
closed-end status on or after January 1,
2021, as open-end loans in Schedule
HC–C, Part I, item 1.c.(1). A holding
company that currently reports HELOCs
that have converted to non-revolving
closed-end status as open-end loans in
Schedule HC–C, Part I, item 1.c.(1),
should not change its reporting practice
for these loans and should continue to
report these loans in item 1.c.(1)
regardless of their conversion date. A
holding company that currently reports
HELOCs that convert to non-revolving
closed-end status as closed-end loans in
Schedule HC–C, Part I, item 1.c.(2)(a) or
1.c.(2)(b), as appropriate, may continue
to report HELOCs that convert on or
before December 31, 2020, as closed-end
loans in FR Y–9C for report dates after
that date. Alternatively, the institution
may choose to begin reporting some or
all of these closed-end HELOCs as open-
end loans in item 1.c.(1) as of the March
31, 2020, or any subsequent report date,
provided this reporting treatment is
consistently applied. With respect to
HELOC Flex products, the proposed
reporting treatment described above
would mean that amounts drawn on a
HELOC during its draw period that a
borrower converts to a closed-end
amount before the end of this period
also should be reported as open-end
loans in Schedule HC–C, Part I, item
1.c.(1), subject to the transition guidance
above.
The Board also agrees with
commenter’s suggestion to create a
memorandum item in Schedule HC–C,
Part I, in which institutions would
report the amount of HELOCs that have
converted to non-revolving closed-end
status that are included in item 1.c.(1),
‘‘Revolving, open-end loans secured by
1–4 family residential properties and
extended under lines of credit.’’ This
new Memorandum item 15 in Schedule
HC–C, Part I, would enable the Board to
monitor the proportion of an
institution’s home equity credits in
revolving and non-revolving status and
changes therein and assess whether
changes in this proportion in relation to
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changes in past due and nonaccrual
home equity credits and charge-offs and
recoveries of such credits warrant
supervisory follow-up. To provide time
needed for any systems changes, the
Board will implement this new
memorandum item as of the March 31,
2021.
Timing
As stated in the December 2019
notice, the Board planned to make the
capital-related reporting changes
described above to be effective the same
quarters as the effective dates of the
various final capital rules discussed in
this notice. Thus, the reporting revisions
to the FR Y–9C, as applicable, will take
effect March 31, 2020, for the capital
simplifications rule and the community
bank leverage ratio rule. Non-advanced
approaches institutions may elect to
wait to adopt the capital simplifications
rule for reporting purposes until the
June 30, 2020, report date. The reporting
revisions to the FR Y–9C, as applicable,
will take effect June 30, 2020, for the
standardized approach for counterparty
credit risk on derivative contracts final
rule and the high volatility commercial
real estate exposures final rule.
However, the mandatory compliance
date for reporting in accordance with
the standardized approach for
counterparty credit risk final rule is the
March 31, 2022, report date.
In addition, the reporting of operating
lease liabilities as ‘‘All other liabilities’’
in FR Y–9C will take effect March 31,
2020, and the change in the reporting of
construction, land development, and
other land loans with interest reserves
in FR Y–9 Schedule HC–C, Part I, will
take effect March 31, 2021. The
requirement to continue reporting
HELOCs that convert to closed-end
status as open-end loans in Schedule
HC–C, Part I, will apply to those
HELOCs that convert on or after January
1, 2021, with pre-2021 conversions
subject to the transition guidance
described in Section II.I. above; new
Memorandum item 15 in Schedule HC–
C, for HELOCs in non-revolving closed-
end status that are reported as open-end
loans will take effect March 31, 2021.
The specific wording of the captions
for the new or revised FR Y–9C data
items discussed in this notice and the
numbering of these data items should be
regarded as preliminary, and may be
changed prior to the effective date of
these items.
Proposed Revisions to the FR Y–9CS
The Board proposed to revise the FR
Y–9CS to clarify that response to the
report is voluntary. No comments were
received during the comment period.
Board of Governors of the Federal Reserve
System, March 27, 2020.
Ann Misback,
Secretary of the Board.
[FR Doc. 2020–06753 Filed 3–31–20; 8:45 am]
BILLING CODE 6210–01–P
FEDERAL RESERVE SYSTEM
Notice of Proposals To Engage in or
To Acquire Companies Engaged in
Permissible Nonbanking Activities
The companies listed in this notice
have given notice under section 4 of the
Bank Holding Company Act (12 U.S.C.
1843) (BHC Act) and Regulation Y, (12
CFR part 225) to engage de novo, or to
acquire or control voting securities or
assets of a company, including the
companies listed below, that engages
either directly or through a subsidiary or
other company, in a nonbanking activity
that is listed in § 225.28 of Regulation Y
(12 CFR 225.28) or that the Board has
determined by Order to be closely
related to banking and permissible for
bank holding companies. Unless
otherwise noted, these activities will be
conducted throughout the United States.
Each application is available for
inspection at the Federal Reserve Bank
indicated. The application also will be
available for inspection at the offices of
the Board of Governors. Interested
persons may express their views in
writing on the question whether the
proposal complies with the standards of
section 4 of the BHC Act.
Unless otherwise noted, comments
regarding the applications must be
received at the Reserve Bank indicated
or the offices of the Board of Governors,
Ann E. Misback, Secretary of the Board,
20th Street and Constitution Avenue,
NW, Washington, DC 20551–0001, not
later than May 1, 2020.
A. Federal Reserve Bank of New York
(Ivan Hurwitz, Senior Vice President) 33
Liberty Street, New York, New York
10045–0001. Comments can also be sent
electronically to
Comments.applications@ny.frb.org:
1. Morgan Stanley, New York, New
York; to acquire E*TRADE Financial
Corporation, and thereby indirectly
acquire E*TRADE Bank and E*TRADE
Savings Bank, all of Arlington, Virginia,
and thereby operate savings
associations, pursuant to Section 4(c)(8)
of the BHC Act.
Board of Governors of the Federal Reserve
System, March 27, 2020.
Yao-Chin Chao,
Assistant Secretary of the Board.
[FR Doc. 2020–06814 Filed 3–31–20; 8:45 am]
BILLING CODE P
FEDERAL RESERVE SYSTEM
Privacy Act of 1974; System of
Records
AGENCY
: Board of Governors of the
Federal Reserve System.
ACTION
: Notice of a New System of
Records.
SUMMARY
: Pursuant to the provisions of
the Privacy Act of 1974, notice is given
that the Board of Governors of the
Federal Reserve System (Board)
proposes to establish a new system of
records, BGFRS–43, ‘‘FRB—Security
Sharing Platform.’’
DATES
: Comments must be received on
or before May 1, 2020. This new system
of records will become effective May 1,
2020, without further notice, unless
comments dictate otherwise.
The Office of Management and Budget
(OMB), which has oversight
responsibility under the Privacy Act,
requires a 30-day period prior to
publication in the Federal Register in
which to review the system and to
provide any comments to the agency.
The public is then given a 30-day period
in which to comment, in accordance
with 5 U.S.C. 552a(e)(4) and (11).
ADDRESSES
: You may submit comments,
identified by BGFRS–43 ‘‘FRB—Security
Sharing Platform,’’ by any of the
following methods:
Agency Website: https://
www.federalreserve.gov. Follow the
instructions for submitting comments at
https://www.federalreserve.gov/apps/
foia/proposedregs.aspx.
Email: regs.comments@
federalreserve.gov. Include SORN name
and number in the subject line of the
message.
Fax: (202) 452–3819 or (202) 452–
3102.
Mail: Ann E. Misback, Secretary,
Board of Governors of the Federal
Reserve System, 20th Street and
Constitution Avenue NW, Washington,
DC 20551.
All public comments will be made
available on the Board’s website at
https://www.federalreserve.gov/apps/
foia/proposedregs.aspx as submitted,
unless modified for technical reasons or
to remove sensitive personally
identifiable information. Public
comments may also be viewed
electronically or in paper in Room 146,
1709 New York Avenue NW,
Washington, DC 20006, between 9:00
a.m. and 5:00 p.m. on weekdays.
FOR FURTHER INFORMATION CONTACT
:
David B. Husband, Counsel, (202) 530–
6270, or david.b.husband@frb.gov; Legal
Division, Board of Governors of the
Federal Reserve System, 20th Street and
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