[Federal Register Volume 62, Number 22 (Monday, February 3, 1997)]
[Rules and Regulations]
[Pages 4895-4899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2530]



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 Rules and Regulations
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  Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Rules 
and Regulations  

[[Page 4895]]



FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Part 304

RIN 3064-AB89


Forms, Instructions and Reports

AGENCY: Federal Deposit Insurance Corporation (FDIC).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: As part of the FDIC's systematic review of its regulations and 
written policies under section 303(a) of the Riegle Community 
Development and Regulatory Improvement Act of 1994 (CDRI), the FDIC is 
revising its regulations relating to forms, instructions and reports. 
The regulation was created in 1948 to satisfy the requirement found in 
the Administrative Procedure Act (APA) to ``publish in the Federal 
Register * * * rules of procedure, descriptions of forms available or 
the places at which forms may be obtained, and instructions as to the 
scope and contents of all papers, reports, or examinations.'' A portion 
of the regulation was added in 1992 to implement the mandate found at 
section 122 of the Federal Deposit Insurance Corporation Improvement 
Act of 1991 (FDICIA), which requires the FDIC to adopt a regulation 
which requires the collection of information on small farm and small 
business lending from insured depository institutions. In addition, 
section 37 of the Federal Deposit Insurance Act (FDI Act), as added by 
FDICIA, requires that the FDIC adopt regulations mandating the 
inclusion of ``off balance sheet'' items in all assets and liabilities 
(including contingent assets and liabilities) reflected on any balance 
sheet, financial statement, report of condition, or other report that 
insured depository institutions file with a federal banking agency. The 
additional requirement to include contingent assets and liabilities is 
being incorporated into a section of the regulation. In an effort to 
streamline its regulations and provide the public with information 
about its forms, instructions and reports (including specific dates by 
which such reports must be filed), the FDIC is revising this 
regulation, by removing unneeded language while retaining the listing 
of forms and other required information to satisfy the public 
information requirements found in FOIA, section 122 of FDICIA, and 
section 37 of the FDI Act.

EFFECTIVE DATE: February 3, 1997.

FOR FURTHER INFORMATION CONTACT: Steven F. Hanft, Assistant Executive 
Secretary (Regulatory Analysis), (202) 898-3907, Office of the 
Executive Secretary; Karen Main, Senior Attorney, (202) 898-8838, Legal 
Division; FDIC, 550 17th Street, NW, Washington, D.C. 20429.

SUPPLEMENTARY INFORMATION:

I. Discussion

    The FDIC is conducting a systematic review of its regulations and 
written policies. Section 303(a) of CDRI, 12 U.S.C. 4803(a), requires 
each federal banking agency to streamline and modify its regulations 
and written policies in order to improve efficiency, reduce unnecessary 
costs, and eliminate unwanted constraints on credit availability. 
Section 303(a) also requires each federal banking regulatory agency to 
remove inconsistent, outmoded, or duplicative requirements from its 
regulations and written policies.
    As part of this review, the FDIC has determined that certain 
provisions of part 304 contain outmoded and unnecessary language that 
needs to be revised or removed. By so doing, the FDIC's regulation 
concerning forms, instructions and reports will be updated and 
streamlined to provide accurate information.
    The FDIC published the current version of the regulation on October 
15, 1986 in the Federal Register (51 FR 36684) in accordance with the 
APA (U.S.C. 551 et seq.). Section 304.4 was later modified to implement 
Section 122 of FDICIA (12 U.S.C. 1817 note) on June 5, 1992 (57 FR 
23932). Sections 304.4 and 304.5 are being revised to incorporate the 
reporting requirement set forth in Section 37(a)(3)(c) of the FDI Act. 
12 U.S.C. 1831n(a)(3)(C). This statutory provision requires that the 
Corporation develop a regulation which requires that ``all assets and 
liabilities, including contingent assets and liabilities'' be reported 
in an insured depository institution's Call Reports. This reporting 
requirement, which was enacted as Section 121 of FDICIA in 1991, was 
initially implemented by revising the Call Reports in 1992. The 
proposed change was published for comment in connection with the FDIC's 
Notice of Information Collection submitted to the Office of Management 
and Budget. See 57 FR 54235 (Nov. 17, 1992). Section 304.4 is being 
further revised to add information which is currently found in the 
instructions to the Call Reports regarding the timely filing of the 
Call Reports. This requirement was initially issued for notice and 
comment under the auspices of the Federal Financial Institutions 
Examination Council, and adopted in final in 1988. See, 53 FR 11558 
(Apr. 7, 1988) and 53 FR 32104 (Aug. 23, 1988).
    Part 304 provides the public with the information about the forms 
and reports that insured financial institutions are to submit to the 
FDIC. With the exception of the provisions relating to lending to small 
farms and small business and the reporting of ``off balance sheet'' 
items, there is no statutory requirement to provide all of the 
information contained in Part 304 by regulation. Thus, through the 
proposed changes, the statutory requirements will be retained, FOIA's 
publication requirements at 5 U.S.C. 552(a)(1)(C) will continue to be 
fulfilled, and the regulatory framework will be streamlined.

II. Public Comment Waiver and Effective Date

    This regulation is being issued as a final rule. The APA requires 
general notice of proposed rulemaking in the Federal Register; however, 
this regulation is exempt from the Federal Register publication 
requirement pursuant to 5 U.S.C. 553(b). This section of the APA 
exempts ``rules of agency organization, procedure, or practice''. 5 
U.S.C. 553(b)(A). Notwithstanding the fact that part 304 is a 
procedural rule, some of the proposed language that will be added to 
various sections appears to impose new reporting requirements or time 
constraints on affected financial institutions. The Call Report filing 
deadlines, as well as the requirement to report the contingent assets 
and

[[Page 4896]]

liabilities on the Call Report have previously been issued for notice 
and comment before being adopted in final form. These requirements have 
been in place and insured depository institutions have been complying 
with them for a number of years. These pre-existing supervisory 
requirements are now being codified in part 304. Moreover, several 
other revisions are minor and technical in nature. Therefore, the Board 
finds that there is good cause for not providing a notice and comment 
period before adopting part 304 in final form. Under the circumstances 
described above, notice and comment would be unnecessary and contrary 
to the public interest. 5 U.S.C. 553(b)(B).
    In addition, the APA provides that a substantive rule shall be 
published in the Federal Register not less than 30 days before its 
effective date. However, this APA requirement does not apply to Part 
304 since it is a rule of agency procedure. 5 U.S.C. 553(d). 
Alternatively, the amendments are of such a nature that the public does 
not need a delayed period of time in which to conform or adjust to the 
amendments. Thus, the Board finds that there exists good cause for not 
delaying the effective date of these amendments. 5 U.S.C. 553(d)(3).

III. Matters of Regulatory Procedure

Regulatory Flexibility Act

    Part 304 is a rule relating to agency organization, procedure, or 
practice, and is therefore not subject to the provisions of the 
Regulatory Flexibility Act. Further, because the revisions to part 304 
will be published in final form without a notice of proposed 
rulemaking, no regulatory flexibility analysis is required.

Paperwork Reduction Act

    No further collection of information is required as a result of the 
regulatory amendments. Therefore, no material will be submitted to the 
OMB for review pursuant to the Paperwork Reduction Act. 44 U.S. 3501 et 
seq.

Contract With America/SBREFA Analysis

    The Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA), Title II of the Contract with America Advancement Act of 1996 
(Pub. L. 104-121), provides generally for Congressional review of final 
agency rules. When required by SBREFA, the FDIC reports rules to 
Congress. The reporting requirement is triggered in instances where the 
FDIC issues a final rule as defined by the APA at 5 U.S.C. 551. The 
FDIC will file the appropriate report pursuant to the statute.
    The Office of Management and Budget has determined that this final 
revision to part 304 does not constitute a ``major'' rule as defined by 
the statute.

List of Subjects in 12 CFR Part 304

    Bank deposit insurance, Bank, banking, Freedom of information, 
Reporting and recordkeeping requirements.
    For the reasons set forth above, 12 CFR part 304 is amended as set 
forth below:

PART 304--FORMS, INSTRUCTIONS AND REPORTS

    1. The authority citation for part 304 continues to read as 
follows:

    Authority: 5 U.S.C. 552; 12 U.S.C. 1817, 1818, 1819, 1820; 
Public Law 102-242, 105 Stat. 2251 (12 U.S.C. 1817 note).


Sec. 304.1  [Amended]

    2. Section 304.1 is amended by removing the word ``all'' from the 
last sentence.
    3. Section 304.2 is revised to read as follows:


Sec. 304.2  Forms and instructions--general.

    Necessary forms with their related instructions to be used in 
connection with applications, reports, and other submittals can be 
obtained from FDIC regional offices--Division of Supervision. The FDIC 
regional offices are listed in the directory of the FDIC Law, 
Regulations and Related Acts looseleaf service, published by the FDIC. 
A listing of FDIC forms can also be obtained by writing to the FDIC, 
Division of Supervision, 550 17th Street, NW, Washington, D.C. 20429. 
The forms are also available in the FDIC Public Information Center at 
801 17th Street, NW, Washington, D.C. 20429.
    4. Section 304.3 is revised to read as follows:


Sec. 304.3  Certified statements.

    The certified statements required to be filed by insured 
institutions under the provisions of section 7 of the Federal Deposit 
Insurance Act (12 U.S.C. 1817), as amended, shall be filed in 
accordance with part 327 of this chapter. The applicable forms are Form 
6420/07A--Form 6420/07H which show the computation of the semiannual 
assessment due to the Corporation from an insured depository 
institution. As provided for in part 327 of this chapter, the forms 
will be furnished to insured depository institutions by the Corporation 
twice each calendar year and the completed statement must be returned 
to the Corporation by each institution.
    5. Section 304.4 is revised to read as follows:


Sec. 304.4  Reports of condition and income.

    (a) Description. Forms FFIEC 031, 032, 033, and 034, Consolidated 
Reports of Condition and Income, are quarterly reports for insured 
state nonmember banks (except District banks) of different asset sizes 
or with foreign offices, as appropriate, that are required to be 
prepared as of the close of business on the following report dates: 
March 31, June 30, September 30, and December 31. These reports are 
also known as the ``Call Report.'' The Call Report includes a balance 
sheet, an income statement, and a statement of changes in equity 
capital of the reporting bank. Supporting schedules request additional 
detail with respect to charge-offs and recoveries, income from 
international operations, specific asset and liability accounts, off-
balance sheet items, past due and nonaccrual assets, information for 
assessment purposes, and regulatory capital. All assets and 
liabilities, including contingent assets and liabilities, must be 
reported in, or otherwise taken into account in the preparation of, the 
Call Report. Reporting banks must also submit annually such information 
on small business and small farm lending as the FDIC may need to assess 
the availability of credit to these sectors of the economy. Call 
Reports must be prepared in accordance with the appropriate 
instructions contained in the Federal Financial Institutions 
Examination Council booklet entitled ``Instructions--Consolidated 
Reports of Condition and Income''. The report forms, the instructions 
for completing the reports, and the accompanying materials will be 
furnished to all insured state nonmember banks (except District banks) 
by, or may be obtained upon request from, the Call Reports Analysis 
Unit, Division of Supervision, FDIC, Washington, D.C. 20429.
    (b) Submission of reports. All insured state nonmember banks 
(except District banks) shall file their completed reports by the 
method and with the appropriate collection agent for the FDIC as 
designated in the materials accompanying the report forms each quarter. 
Completed reports must be received no more than 30 calendar days after 
the report date, subject to the timely filing provisions set forth in 
the ``Instructions--Consolidated Reports of Condition and Income'' and 
in the materials accompanying the report forms each quarter. Any bank 
which has or has had more than one foreign office,

[[Page 4897]]

other than a shell branch or an International Banking Facility, may 
take an additional 15 calendar days to submit its Call Reports. A bank 
using any of these additional 15 calendar days to complete its reports 
is required to submit its reports electronically.
    6. Section 304.5 is revised to read as follows:


Sec. 304.5  Other forms.

    The forms described in this section have been prepared for the use 
of banks.
    (a) Form 8020/05: Summary of Deposits. Form 8020/05 is a report on 
the amount of deposits for each authorized office of an insured bank 
with branches; unit banks do not report. Reports as of June 30 of each 
year must be submitted no later than the immediately succeeding July 
31. The report is filed with the appropriate collection agent for the 
FDIC as designated in the materials accompanying the survey forms each 
year. The report forms and the instructions for completing the reports 
will be furnished to all such banks by, or may be obtained upon request 
from the Trust and Survey Group, Division of Supervision, FDIC, 550 
17th Street, NW, Washington, D.C. 20429.
    (b) Form 6120/06: Notification of Performance of Bank Services. 
Form 6120/06 may be used to satisfy the notice requirement for bank 
service arrangements that is contained in section 7 of the Bank Service 
Corporation Act (12 U.S.C. 1867), as amended. In lieu of the form, a 
bank may satisfy the requirement by submitting a letter stating: The 
name of the servicer; the address at which the service is performed; 
the service being performed; and the date the service commenced. Either 
the form or the letter containing the notice information must be 
submitted to the regional director--Division of Supervision of the 
region in which the bank's main office is located within 30 days of the 
making of the bank service contract or the performance of the bank 
service, whichever occurs first.
    (c) Form FFIEC 001: Annual Report of Trust Assets. This report must 
be filed by all insured state nonmember commercial and savings banks 
operating trust departments or banks granted consent by the Corporation 
to exercise trust powers, and their trust subsidiaries. The report must 
be filed no later than February 15th of each year. When circumstances 
necessitate, additional information may be required about certain 
operations of the trust department. The report must be prepared and 
submitted in accordance with the appropriate instructions. The report 
is filed with the appropriate collection agent for the FDIC as 
designated in the report form and instructions. The report forms and 
instructions for completing the report will be furnished automatically 
to all such banks by, or may be obtained upon request from the Trust 
and Survey Group, Division of Supervision, FDIC, 550 17th Street, NW, 
Washington, D.C. 20429.
    (d) Form FFIEC 002: Report of Assets and Liabilities of U.S. 
Branches and Agencies of Foreign Banks. Form FFIEC 002 is a report in 
the form of a statement of the assets and liabilities of U.S. branches 
and agencies of foreign banks together with supporting schedules that 
request additional detail with respect to selected assets and 
liabilities, off-balance sheet items, and, in the case of insured 
branches, information for assessment purposes. All assets and 
liabilities, including contingent assets and liabilities, must be 
reported in, or otherwise taken into account in the preparation of, 
this report. Insured branches must also submit annually such 
information on small business and small farm lending as the FDIC may 
need to assess the availability of credit to these sectors of the 
economy. The report must be prepared in accordance with the 
instructions contained in the instruction booklet for the report, 
copies of which are furnished to all U.S. branches and agencies of 
foreign banks by the Federal Reserve System. The Board of Governors of 
the Federal Reserve System collects and processes the report on behalf 
of FDIC-supervised branches. The report is submitted quarterly to the 
appropriate Federal Reserve district bank.
    (e) Form FFIEC 004: Report on Indebtedness of Executive Officers 
and Principal Shareholders and their Related Interests to Correspondent 
Banks. Form FFIEC 004 is a recommended form that may be used by the 
executive officers and principal shareholders of an insured state 
nonmember bank to report to the board of directors of their bank on 
their indebtedness (and that of their related interests) to 
correspondent banks, as required by part 349 of this chapter. The 
reports or any form containing identical information must be submitted 
to the bank's board of directors by January 31 of each year and cover 
indebtedness to correspondent banks during the preceding calendar year. 
Form FFIEC 004 is mailed annually by the FDIC to each insured state 
nonmember bank.
    7. Appendix A to part 304 is revised to read as follows:

Appendix A to Part 304--List of Forms

[Note: See footnotes at end of table.]

----------------------------------------------------------------------------------------------------------------
                                                                            Section of FDICs                    
                                                                           regulations (12 CFR                  
                 Form                                Title               chapter III) where the       OMB No.   
                                                                           form is referenced                   
----------------------------------------------------------------------------------------------------------------
FDIC 6112/01..........................  Initial Statement of            335.413.................       3064-0030
                                         Beneficial Ownership of                                                
                                         Equity Securities (Form F-7).                                          
FDIC 6112/02..........................  Statement of Changes in         335.414.................       3064-0030
                                         Beneficial Ownership of                                                
                                         Equity Securities (Form F-8).                                          
FDIC 6120/06..........................  Notification of Bank Services.  304.5(b)................       3064-0029
FDIC 6200/05..........................  Application for Federal         303.1...................       3064-0001
                                         Deposit Insurance (Commercial                                          
                                         Banks).                                                                
FDIC 6200/06..........................  Financial Report..............  (\1\)...................       3064-0006
FDIC 6200/07..........................  Application for Federal         303.1...................       3064-0069
                                         Deposit Insurance for                                                  
                                         Operating Noninsured                                                   
                                         Institutions.                                                          
FDIC 6200/09..........................  Application for Consent to      (\2\)...................       3064-0025
                                         Exercise Trust Powers.                                                 
FDIC 6220/01..........................  Application for a Merger or     303.3...................       3064-0016
                                         Other Transaction Pursuant to                                          
                                         Section 19(c) of the Federal                                           
                                         Deposit Insurance Act.                                                 
FDIC 6220/07..........................  Application for a Merger or     303.7(b)(1) and 303.3...       3064-0015
                                         Other Transaction Pursuant to                                          
                                         Section 18(c) of the Federal                                           
                                         Deposit Insurance Act                                                  
                                         (Phantom or Corporate                                                  
                                         Reorganization).                                                       
FDIC 6342/12..........................  Request for Deregistration      341.5...................       3064-0027
                                         Registered Transfer Agent.                                             
FDIC 6420/07..........................  Certified Statement...........  304.3(a)................       3064-0057
FDIC 6440/12..........................  Loan/Application Register.....  338.8(\3\)..............       7100-0247

[[Page 4898]]

                                                                                                                
FDIC 6710/06..........................  Suspicious Activity Report....  353.1...................       3064-0077
FDIC 6710/07..........................  Application Pursuant to         (\4\)...................       3064-0018
                                         Section 19 of the Federal                                              
                                         Deposit Insurance Act.                                                 
FDIC 6810/01..........................  Notification of Addition of a   333.2...................       3064-0097
                                         Director or Employment of a                                            
                                         Senior Executive Officer.                                              
FDIC 6822/01..........................  Notice of Acquisition of        303.4(b)................       3064-0019
                                         Control.                                                               
FDIC 8020/05..........................  Summary of Deposits...........  304.5(a)................       3064-0061
FFIEC 001.............................  Annual Report of Trust Assets.  304.5(c)................       3064-0024
FFIEC 002.............................  Report of Assets and            304.5(d)................       7100-0032
                                         Liabilities of U.S. Branches                                           
                                         and Agencies of Foreign Banks.                                         
FFIEC 004.............................  Report on Indebtedness of       304.5(e)................       3064-0023
                                         Executive Officers and                                                 
                                         Principal Shareholders and                                             
                                         their Related Interests to                                             
                                         Correspondent Banks.                                                   
FFIEC 009.............................  Country Exposure Report.......  351.3(b)................       3064-0017
FFIEC 009a............................  Country Exposure Information    351.3...................       3064-0017
                                         Report.                                                                
FFIEC 019.............................  Country Exposure Report for     (\5\)...................       3064-0017
                                         U.S. Branches and Agencies of                                          
                                         Foreign Banks.                                                         
FFIEC 030.............................  Foreign Branch Report of        347.6(b)................       3064-0011
                                         Condition.                                                             
FFIEC 031.............................  Consolidated Reports of         304.4...................       3064-0052
                                         Condition and Income for a                                             
                                         Bank with Domestic and                                                 
                                         Foreign Offices.                                                       
FFIEC 032.............................  Consolidated Reports of         304.4...................       3064-0052
                                         Condition and Income for a                                             
                                         Bank with Domestic Offices                                             
                                         Only and Total Assets of $300                                          
                                         Million or More.                                                       
FFIEC 033.............................  Consolidated Reports of         304.4...................       3064-0052
                                         Condition and Income for a                                             
                                         Bank with Domestic Offices                                             
                                         Only and Total Assets of $100                                          
                                         Million or More But Less Than                                          
                                         $300 Million.                                                          
FFIEC 034.............................  Consolidated Reports of         304.4...................       3064-0052
                                         Condition and Income for a                                             
                                         Bank with Domestic Offices                                             
                                         Only and Total Assets of Less                                          
                                         than $100 Million.                                                     
FFIEC 035.............................  Monthly Consolidated Foreign    (\6\)...................       1557-0156
                                         Currency Report of Banks in                                            
                                         the United States.                                                     
GFIN..................................  Notice of Government            (\7\)...................       1535-0089
                                         Securities Broker or                                                   
                                         Government Securities Dealer                                           
                                         Activities to be Filed by a                                            
                                         Financial Institution Under                                            
                                         Section 15C(a)(1)(B).                                                  
GFIN-W................................  Notice by Financial             (\7\)...................       7100-0224
                                         Institutions of Termination                                            
                                         of Activities as a Government                                          
                                         Securities Broker or                                                   
                                         Government Securities Dealer.                                          
GFIN-4................................  Disclosure Form for Person      (\7\)...................       1535-0089
                                         Associated With a Financial                                            
                                         Institution Government                                                 
                                         Securities Broker or Dealer.                                           
GFIN-5................................  Uniform Termination Notice for  (\7\)...................       1535-0089
                                         Person Associated With a                                               
                                         Financial Institution                                                  
                                         Government Securities Broker                                           
                                         or Dealer.                                                             
MSD 4.................................  Uniform Application for         343.3...................       3064-0022
                                         Municipal Securities                                                   
                                         Principal or Municipal                                                 
                                         Securities Representative                                              
                                         Associated With a Bank                                                 
                                         Municipal Securities Dealer.                                           
MSD 5.................................  Uniform Termination for         343.3...................       3064-0022
                                         Municipal Securities                                                   
                                         Principal or Municipal                                                 
                                         Securities Representative                                              
                                         Associated With a Bank                                                 
                                         Municipal Securities Dealer.                                           
TA-1..................................  Transfer Agent Registration     341.6...................       3064-0026
                                         and Amendment Form.                                                    
----------------------------------------------------------------------------------------------------------------
Notes:                                                                                                          
\1\ Not referenced in 12 CFR chapter III. The report form is submitted by each individual director or officer of
  a proposed or operating bank applying to the FDIC for federal deposit insurance as a state nonmember bank, or 
  by a person proposing to acquire ownership or control of an insured state nonmember bank.                     
\2\ The report form can be obtained from the HMDA Assistance line by telephoning (202) 452-2016.                
\3\ Not referenced in 12 CFR chapter III. The application form is submitted by insured state nonmember banks    
  applying for FDIC consent to exercise trust powers.                                                           
\4\ Not referenced in 12 CFR chapter III. The application form is submitted by FDIC-insured banks applying for  
  FDIC consent to employ persons who have been convicted of crimes involving dishonesty or breach of trust.     
\5\ Not referenced in 12 CFR chapter III. The report form is submitted by state chartered and federally-licensed
  branches and agencies of foreign banks in the U.S. with $30 million or more in total direct claims on foreign 
  residents. The Federal Reserve Board collects and processes the report on behalf of FDIC-supervised branches. 
  The report is submitted quarterly to the appropriate Federal Reserve district bank.                           
\6\ Not referenced in 12 CFR chapter III. The report form is submitted by banks (other than savings banks) and  
  bank holding companies with a dollar equivalent of $100 million or more in assets, liabilities, foreign       
  exchange contracts bought and foreign exchange contracts sold in any six specific foreign currencies as of the
  end of a month. The Office of the Comptroller of the Currency collects and processes this monthly report on   
  behalf of insured state nonmember banks.                                                                      
\7\ Not referenced in 12 CFR chapter III. The report form is submitted by banks or persons associated with banks
  required to file under section 15C of the Securities and Exchange Act of 1934.                                


[[Page 4899]]

Appendix B to Part 304--[Removed]

    8. Appendix B to part 304 is removed.

    By Order of the Board of Directors.

    Dated at Washington, D.C., this 21st day of January, 1997.

Federal Deposit Insurance Corporation.
Jerry L. Langley,
Executive Secretary.
[FR Doc. 97-2530 Filed 1-31-97; 8:45 am]
BILLING CODE 6714-01-P