Agency Information Collection Activities; Submission for OMB Review; Comment Request

Published date18 February 2021
Citation86 FR 10157
Record Number2021-03210
SectionNotices
CourtFederal Deposit Insurance Corporation,Federal Reserve System,The Comptroller Of The Currency Office,Treasury Department
Federal Register, Volume 86 Issue 31 (Thursday, February 18, 2021)
[Federal Register Volume 86, Number 31 (Thursday, February 18, 2021)]
                [Notices]
                [Pages 10157-10160]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-03210]
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                DEPARTMENT OF THE TREASURY
                Office of the Comptroller of the Currency
                FEDERAL RESERVE SYSTEM
                FEDERAL DEPOSIT INSURANCE CORPORATION
                Agency Information Collection Activities; Submission for OMB
                Review; Comment Request
                AGENCY: Office of the Comptroller of the Currency (OCC), Treasury;
                Board of Governors of the Federal Reserve System (Board); and Federal
                Deposit Insurance Corporation (FDIC).
                ACTION: Joint notice and request for comment.
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                SUMMARY: In accordance with the requirements of the Paperwork Reduction
                Act of 1995 (PRA), the OCC, the Board, and the FDIC (the agencies) 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. On November 30,
                2020, the agencies, under the auspices of the Federal Financial
                Institutions Examination Council (FFIEC), requested public comment for
                60 days on a proposal to revise and extend the
                [[Page 10158]]
                Consolidated Reports of Condition and Income (Call Reports) (FFIEC 031,
                FFIEC 041, and FFIEC 051), which are currently approved collections of
                information. The agencies' proposal addressed measurement dates of
                total asset thresholds associated with the reporting of certain data in
                the Call Reports. The comment period for the November 2020 notice ended
                on January 29, 2021. After considering the comments received on the
                notice, the agencies are proceeding with the proposed revisions to the
                reporting forms and instructions for the Call Reports related to the
                agencies' asset-size thresholds rulemaking. The agencies hereby give
                notice of their plan to submit to OMB a request to approve the revision
                and extension of these information collections, and again invite
                comment on the renewal.
                DATES: Comments must be submitted on or before March 22, 2021.
                ADDRESSES: Interested parties are invited to submit written comments to
                any or all of the agencies. All comments, which should refer to the
                ``Temporary Call Report Threshold Revisions,'' will be shared among the
                agencies.
                 Written comments and recommendations for the proposed information
                collections should be sent within 30 days of publication of this notice
                to www.reginfo.gov/public/do/PRAMain. You may find these particular
                information collections by selecting ``Currently under 30-day Review--
                Open for Public Comments'' or by using the search function.
                 Comments should also be sent to:
                 OCC: You may submit comments, which should refer to ``Temporary
                Call Report Threshold Revisions,'' by any of the following methods:
                 Email: [email protected].
                 Mail: Chief Counsel's Office, Office of the Comptroller of
                the Currency, Attention: 1557-0081 and 1557-0239, 400 7th Street SW,
                Suite 3E-218, Washington, DC 20219.
                 Hand Delivery/Courier: 400 7th Street SW, Suite 3E-218,
                Washington, DC 20219.
                 Instructions: You must include ``OCC'' as the agency name and
                ``1557-0081'' 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.
                 You may review comments and other related materials that pertain to
                this information collection beginning on the date of publication of the
                second notice for this collection 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 Treasury'' and then click ``submit.'' This
                information collection can be located by searching by OMB control
                number ``1557-0081.'' 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.
                 Board: You may submit comments, which should refer to ``Temporary
                Call Report Threshold Revisions,'' by any of the following methods:
                 Agency website: http://www.federalreserve.gov. Follow the
                instructions for submitting comments at: http://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm.
                 Email: [email protected]. Include
                ``Temporary Call Report Threshold Revisions'' 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 are available on the Board's website at https://www.federalreserve.gov/apps/foia/proposedregs.aspx as submitted,
                unless modified for technical reasons. Accordingly, your comments will
                not be edited to remove any identifying or contact information.
                 FDIC: You may submit comments, which should refer to ``Temporary
                Call Report Threshold Revisions,'' by any of the following methods:
                 Agency website: https://www.fdic.gov/regulations/laws/federal/. Follow the instructions for submitting comments on the FDIC's
                website.
                 Federal eRulemaking Portal: https://www.regulations.gov.
                Follow the instructions for submitting comments.
                 Email: [email protected]. Include ``Temporary Call Report
                Threshold Revisions'' in the subject line of the message.
                 Mail: Manuel E. Cabeza, Counsel, Attn: Comments, Room MB-
                3128, Federal Deposit Insurance Corporation, 550 17th Street NW,
                Washington, DC 20429.
                 Hand Delivery: Comments may be hand delivered to the guard
                station at the rear of the 550 17th Street Building (located on F
                Street) on business days between 7:00 a.m. and 5:00 p.m.
                 Public Inspection: All comments received will be posted
                without change to https://www.fdic.gov/regulations/laws/federal/
                including any personal information provided. Paper copies of public
                comments may be requested from the FDIC Public Information Center by
                telephone at (877) 275-3342 or (703) 562-2200.
                FOR FURTHER INFORMATION CONTACT: For further information about the
                proposed revisions to the information collections discussed in this
                notice, please contact any of the agency staff whose names appear
                below. In addition, copies of the report forms for the Call Reports can
                be obtained at the FFIEC's website (https://www.ffiec.gov/ffiec_report_forms.htm).
                 OCC: Kevin Korzeniewski, Counsel, Chief Counsel's Office, (202)
                649-5490.
                 Board: Nuha Elmaghrabi, Federal Reserve Board Clearance Officer,
                (202) 452-3884, Office of the Chief Data Officer, Board of Governors of
                the Federal Reserve System, 20th and C Streets NW, Washington, DC
                20551. Telecommunications Device for the Deaf (TDD) users may call
                (202) 263-4869.
                 FDIC: Manuel E. Cabeza, Counsel, (202) 898-3767, Legal Division,
                Federal Deposit Insurance Corporation, 550 17th Street NW, Washington,
                DC 20429.
                SUPPLEMENTARY INFORMATION:
                Table of Contents
                I. Report Summary
                II. Current Actions
                 A. Background
                 B. Comments Received on the Proposed Call Report Revisions
                III. Timing
                IV. Request for Comment
                I. Report Summary
                 The agencies propose to extend for three years, with revision, the
                FFIEC 031, FFIEC 041, and FFIEC 051 Call Reports.
                 Report Title: Consolidated Reports of Condition and Income.
                 Form Number: FFIEC 031 (Consolidated Reports of Condition and
                Income for a Bank with Domestic and Foreign Offices), FFIEC 041
                (Consolidated Reports of Condition and
                [[Page 10159]]
                Income for a Bank with Domestic Offices Only), and FFIEC 051
                (Consolidated Reports of Condition and Income for a Bank with Domestic
                Offices Only and Total Assets Less Than $5 Billion).
                 Frequency of Response: Quarterly.
                 Affected Public: Business or other for-profit.
                 Type of Review: Revision and extension of currently approved
                collections.
                OCC
                 OMB Control No.: 1557-0081.
                 Estimated Number of Respondents: 1,111 national banks and federal
                savings associations.
                 Estimated Average Burden per Response: 41.92 burden hours per
                quarter to file.
                 Estimated Total Annual Burden: 186,292 burden hours to file.
                Board
                 OMB Control No.: 7100-0036.
                 Estimated Number of Respondents: 739 state member banks.
                 Estimated Average Burden per Response: 45.40 burden hours per
                quarter to file.
                 Estimated Total Annual Burden: 134,202 burden hours to file.
                FDIC
                 OMB Control No.: 3064-0052.
                 Estimated Number of Respondents: 3,263 insured state nonmember
                banks and state savings associations.
                 Estimated Average Burden per Response: 39.96 burden hours per
                quarter to file.
                 Estimated Total Annual Burden: 521,558 burden hours to file.
                 The estimated average burden hours collectively reflect the
                estimates for the FFIEC 031, the FFIEC 041, and the FFIEC 051 reports
                for each agency. When the estimates are calculated by type of report
                across the agencies, the estimated average burden hours per quarter are
                85.81 (FFIEC 031), 55.20 (FFIEC 041), and 35.27 (FFIEC 051). The
                agencies believe the change to the measurement date for the total asset
                thresholds used to determine additional reporting requirements for
                report dates in 2021 only described in this notice will not result in a
                change in the burden estimates currently approved by OMB. These
                estimates do not include increases in burden for report dates in 2021
                that would have resulted from institutions growing above asset
                thresholds within the Call Report because these institutions would now
                be afforded threshold relief. Instead, the agencies periodically
                reevaluate their burden estimates based on the data items that are
                regularly completed by institutions. Therefore, the burden estimates
                for these reports would remain the same if these revisions are
                finalized. The estimated burden per response for the quarterly filings
                of the Call Report is an average that varies by agency because of
                differences in the composition of the institutions under each agency's
                supervision (e.g., size distribution of institutions, types of
                activities in which they are engaged, and existence of foreign
                offices).
                 Type of Review: Extension and revision of currently approved
                collections.
                Legal Basis and Need for Collections
                 The Call Report information collections are mandatory: 12 U.S.C.
                161 (national banks), 12 U.S.C. 324 (state member banks), 12 U.S.C.
                1817 (insured state nonmember commercial and savings banks), and 12
                U.S.C. 1464 (federal and state savings associations). At present,
                except for selected data items and text, these information collections
                are not given confidential treatment.
                 Banks and savings associations submit Call Report data to the
                agencies each quarter for the agencies' use in monitoring the
                condition, performance, and risk profile of individual institutions and
                the industry as a whole. Call Report data serve a regulatory or public
                policy purpose by assisting the agencies in fulfilling their shared
                missions of ensuring the safety and soundness of financial institutions
                and the financial system and protecting consumer financial rights, as
                well as agency-specific missions affecting national and state-chartered
                institutions, such as conducting monetary policy, ensuring financial
                stability, and administering federal deposit insurance. Call Reports
                are the source of the most current statistical data available for
                identifying areas of focus for on-site and off-site examinations. Among
                other purposes, the agencies use Call Report data in evaluating
                institutions' corporate applications, including interstate merger and
                acquisition applications for which the agencies are required by law to
                determine whether the resulting institution would control more than 10
                percent of the total amount of deposits of insured depository
                institutions in the United States. Call Report data also are used to
                calculate institutions' deposit insurance assessments and national
                banks' and federal savings associations' semiannual assessment fees.
                II. Current Actions
                A. Background
                 On November 30, 2020, the agencies proposed revisions to the Call
                Reports \1\ to implement their assets-size threshold interim final rule
                (IFR).\2\ The IFR adjusted the total asset measurement dates for
                eligibility to use the FFIEC 051 Call Report \3\ and the community bank
                leverage ratio (CBLR) framework to measure regulatory capital.\4\ In
                addition to reflecting these regulatory changes, the agencies proposed
                Call Report revisions to permit an institution to use the lesser of the
                total consolidated assets reported in its Call Report as of December
                31, 2019, or June 30, 2020, when determining whether the institution
                has crossed a total asset threshold to report certain additional data
                items in its Call Reports for report dates in calendar year 2021.
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                 \1\ 85 FR 76658 (Nov. 30, 2020).
                 \2\ 85 FR 77345 (Dec. 2, 2020).
                 \3\ See 12 CFR 52.2 (OCC); 12 CFR 208.121 (Board); 12 CFR 304.12
                (FDIC).
                 \4\ See 12 CFR 3.12 (OCC); 12 CFR 217.12 (Board); 12 CFR 324.12
                (FDIC).
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                 The comment period for the November 2020 notice ended on January
                29, 2021.
                B. Comments Received on the Proposed Call Report Revisions
                 The agencies received comments on these proposed Call Report
                revisions from one trade association. While the commenter supported the
                temporary change in measurement date for certain Call Report
                thresholds, the commenter asked the agencies to raise the eligibility
                threshold to file the FFIEC 051 from $5 billion to $10 billion in total
                assets.
                 The agencies have adopted rules establishing criteria for
                eligibility to use the FFIEC 051 Call Report.\5\ The current FFIEC 051
                Call Report instructions permit an institution to file the FFIEC 051
                Call Report if it meets certain criteria consistent with those rules.
                One criterion, consistent with Section 205 of the Economic Growth,
                Regulatory Relief, and Consumer Protection Act, is that an institution
                must have total consolidated assets of less than $5 billion in its Call
                Report as of June 30, 2020, when evaluating eligibility to use the
                FFIEC 051 Call Report for report dates in calendar year 2021. Due to
                rapid, short-term growth in assets by some institutions in 2020, which
                was in part driven by their participation in various coronavirus
                disease 2019 related relief programs, the agencies issued an IFR to
                temporarily adjust the total asset
                [[Page 10160]]
                measurement dates for FFIEC 051 Call Report eligibility,\6\ and the
                agencies proposed conforming changes to the Call Report instructions.
                However, the IFR did not modify the total consolidated assets FFIEC 051
                eligibility criteria of less than $5 billion contained in the rule's
                definition of covered depository institution. The agencies intend for
                the Call Report instructions to be consistent with the rule's
                definition of covered depository institutions.
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                 \5\ See definition of covered depository institutions. 12 CFR
                52.2 (OCC); 12 CFR 208.121 (Board); 12 CFR 304.12 (FDIC).
                 \6\ An institution must still meet the other criteria for
                eligibility for the FFIEC 051 in the Call Report instructions.
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                 In addition to the comments received on the proposed Call Report
                revisions, the agencies received comments on their IFR. In order to
                implement reporting changes related to the IFR so that they are
                effective for the March 31, 2021, Call Report, the agencies must
                publish this notice in advance of concluding their review of comments
                on the IFR. Therefore, if any potential changes to the IFR would affect
                the Call Report, the agencies would publish for comment any associated
                revisions to the Call Report through the standard PRA process, as
                appropriate.
                 After considering the comments, the agencies are proceeding with
                the changes to the Call Reports as proposed.
                 The agencies also received a question from a Call Report software
                provider seeking clarification of the total asset amounts reported and
                used in calculations related to certain qualifying eligibility criteria
                for the CBLR. Generally, the Call Report instructions direct an
                institution to report total assets as reported in Schedule RC, item 12,
                in Schedule RC-R, Part I, item 32, ``Total assets,'' and use that total
                asset amount for other calculations in Schedule RC-R, Part I. An
                institution that is eligible for and elects to use the CBLR framework
                pursuant to the agencies' IFR would report the lesser of its total
                assets reported in Schedule RC, item 12, as of December 31, 2019, or as
                of the current quarter-end report date in Schedule RC-R, Part I, item
                32. However, the agencies are clarifying that an institution should
                continue to use its total assets as reported in Schedule RC, item 12,
                as of the current quarter-end report date when reporting other
                qualifying criteria for the CBLR framework, i.e., the sum of trading
                assets and trading liabilities as a percentage of total assets in
                Schedule RC-R, item 33, column B, and total off-balance sheet exposures
                as a percentage of total assets in Schedule RC-R, Part I, item 34.d,
                column B.
                III. Timing
                 As stated in the November 2020 notice, the agencies propose to
                permit an institution to use the lesser of the total consolidated
                assets reported in its Call Report as of December 31, 2019, or June 30,
                2020, when determining its eligibility to file the FFIEC 051 Call
                Report and whether the institution has crossed a total asset threshold
                that requires the reporting of certain additional data items in its
                Call Reports (FFIEC 031, FFIEC 041, or FFIEC 051, as applicable) for
                report dates in calendar year 2021. The agencies are proposing this
                relief for calendar year 2021 only.
                 In addition, for report dates after the effective date of the
                agencies' asset thresholds rule through December 31, 2021, institutions
                that elect to use the CBLR framework would report CBLR information in
                Call Report Schedule RC-R, Part I, as reflected in the Call Report
                instruction book, except that item 32 (Total assets) on that schedule
                should reflect the lesser of the institution's total assets as of
                December 31, 2019, or as of the current quarter-end report date and
                other qualifying criteria reported on that schedule based on
                percentages of total assets should use the total assets as of the
                current quarter-end report date.
                IV. Request for Comment
                 Public comment is requested on all aspects of this joint notice.
                Comment is specifically invited on:
                 (a) Whether the proposed revisions to the collections of
                information that are the subject of this notice are necessary for the
                proper performance of the agencies' functions, including whether the
                information has practical utility;
                 (b) The accuracy of the agencies' estimates of the burden of the
                information collections as they are proposed to be revised, including
                the validity of the methodology and assumptions used;
                 (c) Ways to enhance the quality, utility, and clarity of the
                information to be collected;
                 (d) Ways to minimize the burden of information collections 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.
                 Comments submitted in response to this joint notice will be shared
                among the agencies.
                Theodore J. Dowd,
                Deputy Chief Counsel, Office of the Comptroller of the Currency.
                Board of Governors of the Federal Reserve System.
                Michele Taylor Fennell,
                Deputy Associate Secretary of the Board.
                Federal Deposit Insurance Corporation.
                 Dated at Washington, DC, on or about February 10, 2021.
                James P. Sheesley,
                Assistant Executive Secretary.
                [FR Doc. 2021-03210 Filed 2-17-21; 8:45 am]
                BILLING CODE 4810-33-P; 6210-01-P; 6714-01-P
                

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