Agency Information Collection Activities: Information Collection Renewal; Submission for OMB Review; OCC Guidelines Establishing Heightened Standards for Certain Large Insured National Banks, Insured Federal Savings Associations, and Insured Federal Branches
| Published date | 17 December 2020 |
| Citation | 85 FR 82031 |
| Record Number | 2020-27704 |
| Section | Notices |
| Court | The Comptroller Of The Currency Office,Treasury Department |
82031
Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Notices
1
On October 5, 2020 the OCC published a 60-day
notice for this information collection, 85 FR 62802.
activity. PHMSA requests comments on
the following information:
1. Title: Annual and Incident Reports
for Gas Pipeline Operators.
OMB Control Number: 2137–0522.
Current Expiration Date: 1/31/2023.
Type of Request: Revision.
Abstract: This mandatory information
collection covers the collection of data
from operators of natural gas pipelines,
underground natural gas storage
facilities, and liquefied natural gas
facilities for annual reports. 49 CFR
191.17 requires operators of
underground natural gas storage
facilities, gas transmission systems and
gas gathering systems to submit an
annual report by March 15, for the
preceding calendar year. This revision
includes changes to the form and
instructions for PHMSA F 7100.4–1,
‘‘Underground Natural Gas Storage
Facility Annual Report,’’ and revisions
to the form and instructions for PHMSA
F 7100.2–1, ‘‘Gas Transmission and
Gathering Systems Annual Report.’’ The
revisions to the Underground Natural
Gas Storage Facility Annual Report form
are to provide clarity on submitting data
and include no new data elements. The
revisions to the Gas Transmission and
Gathering Systems Annual Report form
include collecting the number of miles
in high consequence areas in
accordance with 49 CFR 192.903 and
the type of risk model used; collecting
data on the number of relief valve lifts
and compressor station ESD events that
occurred within a calendar year; and to
reorganize some data fields to
streamline the reporting of certain data
elements.
Affected Public: Operators of Natural
Gas Pipelines, Underground Natural Gas
Storage Facilities, and Liquefied Natural
Gas Facilities.
Annual Reporting and Recordkeeping
Burden:
Annual Responses: 10,547.
Annual Burden Hours: 80,101.
Frequency of Collection: Annually
and on occasion.
2. Title: Incident Reporting for Natural
Gas Pipeline Operators and LNG
Facilities.
OMB Control Number: 2137–0635.
Current Expiration Date: 1/31/2023.
Type of Request: Revision.
Abstract: PHMSA proposes to revise
the instructions for the Incident
Report—Natural and Other Gas
Transmission and Gathering Pipeline
System (PHMSA F 7100.2) to remove
the requirement for operators to submit
data regarding intentional gas releases
via the incident report.
Affected Public: Natural Gas Pipeline
Operators and Operators of LNG
Facilities.
Annual Reporting and Recordkeeping
Burden:
Estimated Number of Responses: 301.
Estimated Annual Burden Hours:
3,612.
Frequency of Collection: On occasion.
Comments are invited on:
(a) The need for the renewal and
revision of these collections of
information for the proper performance
of the functions of the Agency,
including whether the information will
have practical utility;
(b) The accuracy of the Agency’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used;
(c) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(d) Ways to minimize the burden of
the collection of information on those
who are to respond, including the use
of appropriate automated, electronic,
mechanical, or other technological
collection techniques.
Authority: The Paperwork Reduction
Act of 1995; 44 U.S.C. Chapter 35, as
amended; and 49 CFR 1.48.
Issued in Washington, DC, on December
10, 2020, under authority delegated in 49
CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2020–27712 Filed 12–16–20; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
Agency Information Collection
Activities: Information Collection
Renewal; Submission for OMB Review;
OCC Guidelines Establishing
Heightened Standards for Certain
Large Insured National Banks, Insured
Federal Savings Associations, and
Insured Federal Branches
AGENCY
: Office of the Comptroller of the
Currency (OCC), Treasury.
ACTION
: Notice and request for comment.
SUMMARY
: The OCC, as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on a continuing information
collection, as required by the Paperwork
Reduction Act of 1995 (PRA). In
accordance with the requirements of the
PRA, the OCC may not conduct or
sponsor, and the respondent is not
required to respond to, an information
collection unless it displays a currently
valid Office of Management and Budget
(OMB) control number. The OCC is
soliciting comment concerning the
renewal of its information collection
titled, ‘‘OCC Guidelines Establishing
Heightened Standards for Certain Large
Insured National Banks, Insured Federal
Savings Associations, and Insured
Federal Branches.’’ The OCC also is
giving notice that it has sent the
collection to OMB for review.
DATES
: Comments must be submitted on
or before January 19, 2021.
ADDRESSES
: Commenters are encouraged
to submit comments by email, if
possible. You may submit comments by
any of the following methods:
•Email: prainfo@occ.treas.gov.
•Mail: Chief Counsel’s Office,
Attention: Comment Processing, 1557–
0321, Office of the Comptroller of the
Currency, 400 7th Street SW, Suite 3E–
218, Washington, DC 20219.
•Hand Delivery/Courier: 400 7th
Street SW, Suite 3E–218, Washington,
DC 20219.
•Fax: (571) 465–4326.
Instructions: You must include
‘‘OCC’’ as the agency name and ‘‘1557–
0321’’ in your comment. In general, the
OCC will publish comments on
www.reginfo.gov without change,
including any business or personal
information provided, such as name and
address information, email addresses, or
phone numbers. Comments received,
including attachments and other
supporting materials, are part of the
public record and subject to public
disclosure. Do not include any
information in your comment or
supporting materials that you consider
confidential or inappropriate for public
disclosure.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
You may review comments and other
related materials that pertain to this
information collection
1
following the
close of the 30-day comment period for
this notice by the following method:
•Viewing Comments Electronically:
Go to www.reginfo.gov. Click on the
‘‘Information Collection Review’’ tab.
Underneath the ‘‘Currently under
Review’’ section heading, from the drop-
down menu select ‘‘Department of
VerDate Sep<11>2014 18:52 Dec 16, 2020 Jkt 253001 PO 00000 Frm 00163 Fmt 4703 Sfmt 4703 E:\FR\FM\17DEN1.SGM 17DEN1
82032
Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Notices
2
79 FR 54518.
3
12 U.S.C. 1831p–1. Section 39 was enacted as
part of the Federal Deposit Insurance Corporation
Improvement Act of 1991, Public Law 102–242,
section 132(a), 105 Stat. 2236, 2267–70 (Dec. 19,
1991).
Treasury’’ and then click ‘‘submit.’’ This
information collection can be located by
searching by OMB control number
‘‘1557–0321’’ or ‘‘OCC Guidelines
Establishing Heightened Standards for
Certain Large Insured National Banks,
Insured Federal Savings Associations,
and Insured Federal Branches.’’ Upon
finding the appropriate information
collection, click on the related ‘‘ICR
Reference Number.’’ On the next screen,
select ‘‘View Supporting Statement and
Other Documents’’ and then click on the
link to any comment listed at the bottom
of the screen.
•For assistance in navigating
www.reginfo.gov, please contact the
Regulatory Information Service Center
at (202) 482–7340.
•Viewing Comments Personally: You
may personally inspect comments at the
OCC, 400 7th Street SW, Washington,
DC. For security reasons, the OCC
requires that visitors make an
appointment to inspect comments. You
may do so by calling (202) 649–6700 or,
for persons who are deaf or hearing
impaired, TTY, (202) 649–5597. Upon
arrival, visitors will be required to
present valid government-issued photo
identification and submit to security
screening in order to inspect comments.
FOR FURTHER INFORMATION CONTACT
:
Shaquita Merritt, OCC Clearance
Officer, (202) 649–5490, Chief Counsel’s
Office, Office of the Comptroller of the
Currency, 400 7th Street SW, Suite 3E–
218, Washington, DC 20219.
SUPPLEMENTARY INFORMATION
: Under the
PRA (44 U.S.C. 3501–3520), Federal
agencies must obtain approval from
OMB for each collection of information
that they conduct or sponsor.
‘‘Collection of information’’ is defined
in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) to include agency requests or
requirements that members of the public
submit reports, keep records, or provide
information to a third party. The OCC
requests that OMB extend its approval
of the following information collection:
Title: OCC Guidelines Establishing
Heightened Standards for Certain Large
Insured National Banks, Insured Federal
Savings Associations, and Insured
Federal Branches.
OMB Control No.: 1557–0321.
Description: The OCC’s guidelines,
codified in 12 CFR part 30, appendix D,
establish minimum standards for the
design and implementation of a risk
governance framework for insured
national banks, insured Federal savings
associations, and insured Federal
branches of a foreign bank (banks). The
guidelines apply to a bank with average
total consolidated assets: (i) Equal to or
greater than $50 billion; (ii) less than
$50 billion if that bank’s parent
company controls at least one insured
national bank or insured Federal savings
association that has average total
consolidated assets of $50 billion or
greater; or (iii) less than $50 billion, if
the OCC determines such bank’s
operations are highly complex or
otherwise present a heightened risk as
to warrant the application of the
guidelines (covered banks). The
guidelines also establish minimum
standards for a board of directors in
overseeing the framework’s design and
implementation. These guidelines were
finalized on September 11, 2014.
2
The
OCC is now seeking to renew the
information collection associated with
these guidelines.
The standards contained in the
guidelines are enforceable under section
39 of the Federal Deposit Insurance Act
(FDIA),
3
which authorizes the OCC to
prescribe operational and managerial
standards for insured national banks,
insured Federal savings associations,
and insured Federal branches of a
foreign bank.
The guidelines formalize the OCC’s
heightened expectations program. The
guidelines also further the goal of the
Dodd-Frank Wall Street Reform and
Consumer Protection Act of 2010 to
strengthen the financial system by
focusing management and boards of
directors on improving and
strengthening risk management
practices and governance, thereby
minimizing the probability and impact
of future financial crises.
The standards for the design and
implementation of the risk governance
framework, which contain collections of
information, are as follows:
Standards for Risk Governance
Framework
Covered banks should establish and
adhere to a formal, written risk
governance framework designed by
independent risk management. The
framework should include delegations
of authority from the board of directors
to management committees and
executive officers and risk limits for
material activities. The framework
should be approved by the board of
directors or the board’s risk committee,
and it should be reviewed and updated,
at least annually, by independent risk
management.
Front Line Units
Front line units should take
responsibility and be held accountable
by the chief executive officer (CEO) and
the board of directors for appropriately
assessing and effectively managing all of
the risks associated with their activities.
In fulfilling this responsibility, each
front line unit should, either alone or in
conjunction with another organizational
unit that has the purpose of assisting a
front line unit: (i) Assess, on an ongoing
basis, the material risks associated with
its activities and use such risk
assessments as the basis for fulfilling its
responsibilities and for determining if
actions need to be taken to strengthen
risk management or reduce risk given
changes in the unit’s risk profile or
other conditions; and (ii) establish and
adhere to a set of written policies that
include front line unit risk limits. Such
policies should ensure risks associated
with the front line unit’s activities are
effectively identified, measured,
monitored, and controlled, consistent
with the covered bank’s risk appetite
statement, concentration risk limits, and
all policies established within the risk
governance framework. Front line units
should also establish and adhere to
procedures and processes, as necessary
to maintain compliance with the
policies described in (ii); and adhere to
all applicable policies, procedures, and
processes established by independent
risk management. Front line units
should also develop, attract, and retain
talent and maintain staffing levels
required to carry out the unit’s role and
responsibilities effectively; establish
and adhere to talent management
processes; and establish and adhere to
compensation and performance
management programs.
Independent Risk Management
Independent risk management should
oversee the covered bank’s risk-taking
activities and assess risks and issues
independent of the front line units. In
fulfilling these responsibilities,
independent risk management should:
(i) Take responsibility and be held
responsible by the CEO and the board of
directors for designing a comprehensive
written risk governance framework that
meets the guidelines and is
commensurate with the size,
complexity, and risk profile of the
covered bank; (ii) identify and assess, on
an ongoing basis, the covered bank’s
material aggregate risks and use such
risk assessments as the basis for
fulfilling its responsibilities and for
determining if actions need to be taken
to strengthen risk management or
reduce risk given changes in the covered
VerDate Sep<11>2014 18:52 Dec 16, 2020 Jkt 253001 PO 00000 Frm 00164 Fmt 4703 Sfmt 4703 E:\FR\FM\17DEN1.SGM 17DEN1
82033
Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Notices
bank’s risk profile or other conditions;
(iii) establish and adhere to enterprise
policies that include concentration risk
limits that state how aggregate risks
within the covered bank are effectively
identified, measured, monitored, and
controlled, consistent with the covered
bank’s risk appetite statement and all
policies and processes established
within the risk governance framework;
(iv) establish and adhere to procedures
and processes, as necessary, to ensure
compliance with policies in (iii); (v)
identify and communicate to the CEO
and the board of directors or the board’s
risk committee material risks and
significant instances where the
independent risk management’s
assessment of risk differs from that of a
front line unit and significant instances
where a front line unit is not adhering
to the risk governance framework; (vi)
identify and communicate to the board
of directors or the board’s risk
committee material risks and significant
instances where independent risk
management’s assessment of risk differs
from that of the CEO and significant
instances where the CEO is not adhering
to, or holding front line units
accountable for adhering to, the risk
governance framework; and (vii)
develop, attract, and retain talent and
maintain the staffing levels required to
carry out the unit’s role and
responsibilities effectively while
establishing and adhering to talent
management processes and
compensation and performance
management programs.
Internal Audit
Internal audit should ensure that the
covered bank’s risk governance
framework complies with the guidelines
and is appropriate for the size,
complexity, and risk profile of the
covered bank. It should maintain a
complete and current inventory of all of
the covered bank’s material processes,
product lines, services, and functions
and assess the risks, including emerging
risks, associated with each, which
collectively provide a basis for the audit
plan. It should establish and adhere to
an audit plan that is periodically
reviewed and updated, takes into
account the covered bank’s risk profile,
emerging risks, and issues and
establishes the frequency with which
activities should be audited. The audit
plan should require internal audit to
evaluate the adequacy of and
compliance with policies, procedures,
and processes established by front line
units and independent risk management
under the risk governance framework.
Significant changes to the audit plan
should be communicated to the board’s
audit committee. Internal audit should
report, in writing, conclusions, material
issues, and recommendations from audit
work carried out under the audit plan to
the board’s audit committee. Reports
should identify the root cause of any
material issues and include: (i) A
determination of whether the root cause
creates an issue that has an impact on
one or more organizational units within
the covered bank; and (ii) a
determination of the effectiveness of
front line units and independent risk
management in identifying and
resolving issues in a timely manner.
Internal audit should establish and
adhere to processes for independently
assessing the design and ongoing
effectiveness of the risk governance
framework on at least an annual basis.
The independent assessment should
include a conclusion on the covered
bank’s compliance with the standards
set forth in the guidelines. Internal audit
should identify and communicate to the
board’s audit committee significant
instances where front line units or
independent risk management are not
adhering to the risk governance
framework. Internal audit should
establish a quality assurance program
that ensures internal audit’s policies,
procedures, and processes comply with
applicable regulatory and industry
guidance, are appropriate for the size,
complexity, and risk profile of the
covered bank, are updated to reflect
changes to internal and external risk
factors, emerging risks, and
improvements in industry internal audit
practices, and are consistently followed.
Internal audit should develop, attract,
and retain talent and maintain staffing
levels required to effectively carry out
its role and responsibilities. Internal
audit should establish and adhere to
talent management processes and
compensation and performance
management programs that comply with
the guidelines.
Strategic Plan
The CEO, with input from front line
units, independent risk management,
and internal audit, should be
responsible for the development of a
written strategic plan that covers, at a
minimum, a three-year period. The
board of directors should evaluate and
approve the plan and monitor
management’s efforts to implement the
strategic plan at least annually. The plan
should: (i) Include a comprehensive
assessment of risks that currently
impact the covered bank or that could
have an impact on the covered bank
during the period covered by the
strategic plan; (ii) articulate an overall
mission statement and strategic
objectives for the covered bank with an
explanation of how the covered bank
will update the risk governance
framework to account for changes to its
risk profile projected under the strategic
plan; and (iii) be reviewed, updated,
and approved due to changes in the
covered bank’s risk profile or operating
environment that were not
contemplated when the plan was
developed.
Risk Appetite Statement
A covered bank should have a
comprehensive written statement that
articulates its risk appetite that serves as
the basis for the risk governance
framework. The statement should
contain both qualitative components
that describe a safe and sound risk
culture and how the covered bank will
assess and accept risks and quantitative
limits that include sound stress testing
processes and address earnings, capital,
and liquidity.
Risk Limit Breaches
A covered bank should establish and
adhere to processes that require front
line units and independent risk
management to: (i) Identify breaches of
the risk appetite statement,
concentration risk limits, and front line
unit risk limits; (ii) distinguish breaches
based on the severity of their impact;
(iii) establish protocols for when and
how to inform the board of directors,
front line unit management,
independent risk management, internal
audit, and the OCC regarding a breach;
(iv) provide a written description of the
breach resolution; and (v) establish
accountability for reporting and
resolving breaches that include
consequences for risk limit breaches
that take into account the magnitude,
frequency, and recurrence of breaches.
Concentration Risk Management
The risk governance framework
should include policies and supporting
processes appropriate for the covered
bank’s size, complexity, and risk profile
for effectively identifying, measuring,
monitoring, and controlling the covered
bank’s concentrations of risk.
Risk Data Aggregation and Reporting
The risk governance framework
should include a set of policies,
supported by appropriate procedures
and processes, designed to provide risk
data aggregation and reporting
capabilities appropriate for the covered
bank’s size, complexity, and risk profile
and to support supervisory reporting
requirements. Collectively, these
policies, procedures, and processes
should provide for: (i) The design,
VerDate Sep<11>2014 18:52 Dec 16, 2020 Jkt 253001 PO 00000 Frm 00165 Fmt 4703 Sfmt 4703 E:\FR\FM\17DEN1.SGM 17DEN1
82034
Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Notices
implementation, and maintenance of a
data architecture and information
technology infrastructure that support
the covered bank’s risk aggregation and
reporting needs during normal times
and during times of stress; (ii) the
capturing and aggregating of risk data
and reporting of material risks,
concentrations, and emerging risks in a
timely manner to the board of directors
and the OCC; and (iii) the distribution
of risk reports to all relevant parties at
a frequency that meets their needs for
decision-making purposes.
Talent and Compensation Management
A covered bank should establish and
adhere to processes for talent
development, recruitment, and
succession planning. The board of
directors or appropriate committee
should review and approve a written
talent management program. A covered
bank should also establish and adhere to
compensation and performance
management programs that comply with
any applicable statute or regulation.
Board of Directors Training and
Evaluation
The board of directors of a covered
bank should establish and adhere to a
formal, ongoing training program for all
directors. The board of directors should
also conduct an annual self-assessment.
Type of Review: Regular review.
Affected Public: Businesses or other
for-profit.
Estimated Number of Respondents:
23.
Estimated Burden per Respondent:
3,776 hours.
Estimated Total Annual Burden:
86,848 hours.
Comments: The OCC issued a notice
for 60 days of comment on October 5,
2020, 85 FR 62802. No comments were
received. Comments continue to be
invited on:
(a) Whether the collection of
information is necessary for the proper
performance of the functions of the
OCC, including whether the information
has practical utility;
(b) The accuracy of the OCC’s
estimate of the burden of the
information collection;
(c) Ways to enhance the quality,
utility, and clarity of the information to
be collected;
(d) Ways to minimize the burden of
the collection on respondents, including
through the use of automated collection
techniques or other forms of information
technology; and
(e) Estimates of capital or start-up
costs and costs of operation,
maintenance, and purchase of services
to provide information.
Bao Nguyen,
Principal Deputy Chief Counsel, Office of the
Comptroller of the Currency.
[FR Doc. 2020–27704 Filed 12–16–20; 8:45 am]
BILLING CODE 4810–33–P
DEPARTMENT OF VETERANS
AFFAIRS
Reasonable Charges for the National
Average Administrative Prescription
Drug Charge Calendar Year (CY) 2021
Update
AGENCY
: Department of Veterans Affairs.
ACTION
: Notice.
SUMMARY
: This Department of Veterans
Affairs (VA) notice identifies the
website where updates to the National
Average Administrative Prescription
Charge is located for purposes of
calculating VA’s costs for prescription
drugs not administered during
treatment, but provided or furnished by
VA.
DATES
: This adjustment is effective
January 1, 2021.
FOR FURTHER INFORMATION CONTACT
: Ms.
Romona Greene, Office of Community
Care (OCC), Revenue Operations, Payer
Relations and Services, Rates and
Charges (13RO1), Veterans Health
Administration, Department of Veterans
Affairs, 810 Vermont Avenue NW,
Washington, DC 20420. The telephone
number is 202–382–2521 (this is not a
toll-free number).
SUPPLEMENTARY INFORMATION
: Section
17.101(m) of title 38 CFR establishes the
charges for prescription drugs not
administered during treatment, as part
of medical care or services provided or
furnished by VA to a Veteran under 38
CFR 17.101(a)(1) for a nonservice-
connected disability for which the
Veteran is entitled to care (or the
payment of expenses for care) under a
health plan contract; for a nonservice-
connected disability incurred incident
to the Veteran’s employment and
covered under a worker’s compensation
law or plan that provides
reimbursement or indemnification for
such care and services; or for a
nonservice-connected disability
incurred as a result of a motor vehicle
accident in a state that requires
automobile accident reparations
insurance.
As indicated in 38 CFR 17.101(m),
when VA provides or furnishes
prescription drugs not administered
during treatment, within the scope of
care described in section 17.101(a)(1),
charges billed separately for such
prescription drugs will consist of the
amount that equals the total of the
actual cost to VA for the drugs and the
national average of VA administrative
costs associated with dispensing the
drugs for each prescription. Section
17.101(m) further describes the
methodology for calculating the national
average administrative cost for
prescription drug charges not
administered during treatment.
VA determines the amount of the
national average administrative cost
annually for the prior fiscal year
(October through September) and then
applies the charge at the start of the next
calendar year.
Consistent with section 17.101(a)(2),
the national average administrative cost
calculated by VA under section
17.101(m) will be posted online on VA’s
OCC website at https://www.va.gov/
communitycare/revenue_ops/payer_
rates.asp under the heading
‘‘Reasonable Charges Rules, Notices,
and Federal Register and identified as
CY 21 National Average Administrative
Cost (PDF)’’, to be effective on January
1, 2021. The national average
administrative cost posted will be
effective until changed by a subsequent
Federal Register notice.
Signing Authority
The Secretary of Veterans Affairs, or
designee, approved this document and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs.
Brooks D. Tucker, Assistant Secretary
for Congressional and Legislative
Affairs, performing the delegable duties
of the Chief of Staff, approved this
document on December 10, 2020 for
publication.
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy
& Management, Office of the Secretary,
Department of Veterans Affairs.
[FR Doc. 2020–27804 Filed 12–16–20; 8:45 am]
BILLING CODE 8320–01–P
VerDate Sep<11>2014 18:52 Dec 16, 2020 Jkt 253001 PO 00000 Frm 00166 Fmt 4703 Sfmt 9990 E:\FR\FM\17DEN1.SGM 17DEN1
