[Federal Register Volume 64, Number 110 (Wednesday, June 9, 1999)]
[Rules and Regulations]
[Pages 30869-30880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14641]


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FEDERAL DEPOSIT INSURANCE CORPORATION

12 CFR Part 331

RIN 3064-AC23


Asset and Liability Backup Program

AGENCY: Federal Deposit Insurance Corporation (FDIC).

ACTION: Interim final rule; request for comment.

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SUMMARY: The FDIC is adopting an interim final rule to require asset 
and liability backup programs (ALBPs) for limited deposit account and 
loan account information in a limited number of institutions to 
facilitate timely and accurate restoration of key financial records in 
the event that an FDIC-insured depository institution (insured 
depository institution) experiences a Year 2000 (Y2K) computer problem 
and is placed in receivership. Specifically, this rule requires those 
insured depository institutions receiving Y2K ratings of less than 
``Satisfactory'' on or after July 31, 1999 (affected institutions) to 
follow specific programs to backup certain information concerning 
deposit and loan accounts. This information will be retained by each 
bank or savings and loan (thrift) to which the rule applies and used by 
the FDIC only if such an institution must be closed. This regulation 
will automatically sunset on June 30, 2000, and will no longer be 
applicable after that date. An affected institution will be exempted 
from the ALBP rule if its primary federal regulator provides a written 
determination to the Executive Secretary, FDIC, that the ALBP is not 
needed.

DATES: This interim final rule will be effective July 9, 1999. Comments 
must be received by July 9, 1999.

ADDRESSES: Send written comments to Robert E. Feldman, Executive 
Secretary, Attention: Comments/OES, Federal Deposit Insurance 
Corporation, 550 17th Street NW, Washington, DC 20429. Comments may be 
hand-delivered to the guard station located at the rear of the

[[Page 30870]]

17th Street building, on F Street, on business days between 7:00 a.m. 
and 5:00 p.m. The FAX number is (202) 898-3838 and the Internet address 
is [email protected]. Comments may be inspected and photocopied at the 
FDIC Public Information Center, Room 100, 801 17th Street NW, 
Washington, D.C., between 9:00 a.m. and 4:30 p.m. on business days.

FOR FURTHER INFORMATION CONTACT: Division of Resolutions and 
Receiverships: James E. Crum, Manager, Information Systems Section 
(202) 898-6698; Daniel L. Walker, Manager, Franchise Marketing, Dallas 
Field Office Branch (972) 761-2215; Herbert J. Held, Assistant 
Director, Institutional Sales (202) 898-7329. Legal Division: Nancy 
Schucker Recchia, Counsel (202) 898-8885; David Fisher, Counsel (202) 
898-3503, Federal Deposit Insurance Corporation, Washington, DC 20429.

SUPPLEMENTARY INFORMATION:

I. Background

A. Introduction

    Under the auspices of the Federal Financial Institutions 
Examination Council (FFIEC), the FDIC, the Board of Governors of the 
Federal Reserve System (Board), the Office of the Comptroller of the 
Currency (OCC), and the Office of Thrift Supervision (OTS) have 
provided extensive Y2K-readiness guidance to the banking industry. The 
banking industry has invested substantial resources to ready itself for 
the millennium date change. More than 98% of the nation's banks and 
thrifts have achieved ``Satisfactory'' Y2K-readiness ratings from their 
primary federal regulators. As time goes by, more institutions achieve 
this milestone. As a result of these efforts, the FFIEC agencies expect 
few, if any, insured depository institutions to close because of the 
Y2K date change. Despite best efforts to prepare for Y2K, however, 
there is always the possibility that some institutions may not be Y2K 
ready and may have to be closed. The FDIC must plan for every 
conceivable event. The FDIC is proposing this rule to ensure that, if 
an affected institution experiences a Y2K problem and is closed, the 
FDIC will be able to make federally insured deposits available to 
depositors expeditiously. The rule also will facilitate the quick 
acquisition or transfer of servicing of assets and help maintain public 
confidence in, and minimize any related disruption to, the United 
States of America's financial system.
    The rule requires affected institutions to create standardized 
backup programs for their deposit and loan accounts, in addition to 
their own backup systems. In the unlikely event of an affected 
institution's placement in receivership due to a Y2K-related problem, 
these standardized backup programs will provide the FDIC access to 
essential basic account information and eliminate the need to map and 
convert information for theY2K closing of an affected institution 
before account reconciliation and deposit insurance determination can 
begin. The rule will enable depositors to access their accounts quickly 
and accurately through a deposit transfer or pay-out. The rule will 
expedite the transfer or sale of the institution's assets to a 
purchaser, asset manager or service provider. A Y2K problem could make 
an institution's systems unusable for potential purchasers, making an 
alternative conversion process essential for an expeditious transfer of 
assets and liabilities. The rule will reduce the time needed to convert 
a closed affected institution's information. The rule is critical to 
the FDIC's ability to determine quickly and accurately deposit and loan 
account information to permit timely and accurate access of insured 
depositors to their accounts and effective management of receivership 
assets.

B. The Rule's Benefits

1. The Rule Will Maintain Confidence in the Industry
    Congress created the FDIC in 1933 to restore public confidence in 
the nation's banking system at a time of severe financial stress. For 
over 65 years FDIC deposit insurance has helped ensure the stability of 
the financial system by providing for the timely and accurate funding 
of insured deposits and the consequent confidence in the U.S. banking 
system in times of financial stress. The FDIC's ability to make insured 
deposits available expeditiously, and resolve failed institutions 
quickly, was critical during the bank and thrift crisis of the 1980s 
and early 1990s. Despite the many bank and thrift closings during that 
period, there were no serious runs on, or credit flow disruptions at, 
FDIC-insured institutions. Most important, no depositors suffered any 
loss of their insured deposits. The rule ensures that the FDIC will be 
able to honor its deposit insurance commitments in a timely and 
accurate manner if an affected insured depository institution should be 
closed because of a Y2K problem.
    One of the potential challenges the FDIC must prepare for is the 
possible inability to access the business systems and supporting 
information of an insured depository institution that must be closed 
because of a Y2K problem. The ultimate safety net will be FDIC deposit 
insurance and the FDIC's commitment to provide access to insured funds 
expeditiously. FDIC deposit insurance is absolute--insured deposits are 
safe. The number of days that it will take the FDIC to provide access 
to deposits and transfer assets to private sector purchasers, asset 
managers or service providers will depend upon its ability to transfer 
basic account information from one institution to another. The FDIC can 
assure the public that if an affected institution that maintains ALBPs 
in compliance with the rule should close because of a Y2K problem, 
depositors will have expeditious access to their insured deposits and 
the institution will be resolved as quickly as possible.
2. The Rule Assures That Depositors Will have Expeditious Access to 
Insured Deposits
    As the federal insurer of deposits in more than 10,000 banks and 
thrifts, the FDIC, through the deposit insurance funds it administers, 
is statutorily required to pay insured deposits as quickly and 
accurately as possible when an insured bank or thrift is closed.\1\ In 
the event that an insured depository institution is closed, the FDIC 
would be responsible for providing depositors access to their insured 
deposits as quickly and accurately as possible. Public confidence in 
the financial system will depend upon the FDIC's ability to effect such 
funding as quickly and accurately as possible. Historically, the FDIC 
has provided depositors with access to their insured deposits within 
one to three days of an institution closing.
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    \1\ 12 U.S.C. 1821(f)(1).
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    The rule requires affected institutions to create daily extract 
files of information, beginning on December 24, 1999, concerning 
deposit accounts following a standard format specified by the rule. The 
necessary information will be readily available to the FDIC only if an 
institution's business systems are unable to accurately receive, 
process and produce deposit balances and transactions because of a Y2K 
problem. Because the FDIC will not have to convert the information to 
fit its systems, potential delay in making insurance determinations and 
returning insured deposits to depositors will be minimized. The FDIC 
will rely upon the liability backup program to efficiently determine 
insured account balances, and quickly and accurately transfer or

[[Page 30871]]

pay out such amounts for the benefit of depositors.
3. The ALBP Constitutes an Essential Component of Y2K Contingency 
Planning
    ALBPs are an essential part of Y2K contingency planning worldwide. 
The Basle Committee on Banking Supervision, in its recent paper on Y2K 
contingency planning, stated:

    As with existing disaster recovery plans, data integrity 
procedures are critical to ensuring that adequate and consistent 
data are available in the event of a technological failure. The 
procedures may address both mission-critical and other systems. They 
should address the issue of recovery difficulties associated with 
institutions of all types and should preserve sufficient historical 
mission-critical data to enable records to be accurately 
reconstructed after the century date change in the event that data 
is corrupted.
    While all banks will already have back-up procedures that they 
consider adequate in normal circumstances, there are special 
features of the Year 2000 challenge that merit extra attention. 
Supervisors should issue a mandate that banks within their 
jurisdiction maintain specified back-up records in electronically 
retrievable media for certain periods or key dates. These records 
may be a specification of the minimum data elements and format to 
capture certain assets, liabilities, and income accounts. It is 
essential that all processes for creating back-up data files are 
completed before the millennium date change or other potentially 
sensitive dates and be thoroughly tested. Whatever happens, it is 
essential to have back-up which has the certainty to provide a clear 
audit trail and enable the bank, an acquirer, or a receiver to 
reconstruct corrupt records. Some supervisors may wish to assure 
depositors and other bank customers that they will verify the safety 
of banks' back-up arrangements.

Year 2000 The Supervisory Contingency Planning Process, January 1999, 
at 4, 5. The ALBP rule is consistent with the Basle Committee's 
recommendation.
4. The Rule Will Minimize Resolution Costs
    The FDIC is statutorily required to resolve closed insured 
depository institutions in the manner that is least costly to the 
insurance funds.\2\ FDIC experience has shown generally that the more 
quickly an institution can be resolved, the greater the franchise and 
asset/liability value to be realized from the sale of that institution. 
Maximization of the value of the closed institution and its assets and 
liabilities and minimization of resolution costs result in a greater 
return to the closed institution's creditors and the FDIC insurance 
funds.\3\
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    \2\ 12 U.S.C. 1823(c)(4).
    \3\ The FDIC's responsibility as insurer is carried out by the 
assessment and collection of premiums from insured depository 
institutions, the administration of the deposit insurance fund 
resulting from such assessments, and the timely and accurate funding 
of claims for insured deposits in a closed institution. When the 
FDIC funds insured deposits, it becomes subrogated to the claims of 
the insured depositors. Proceeds from the sale of the institution 
and its assets are returned to the FDIC as subrogee to the 
depositors.
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    By facilitating the timely resolution of an affected institution 
and the prompt servicing of any assets not sold at resolution, the rule 
will maximize the value of the institution and its assets. The value of 
an institution will be enhanced by this rule because the information 
will already be available to the FDIC or a purchaser in a pre-defined, 
useable format. Fewer FDIC or acquiring institution personnel will be 
needed to receive, interpret, map, and distribute information, thereby 
further reducing costs of resolution.
5. The Rule Will Expedite the Return of Assets to the Marketplace and 
Minimize Customer Disruptions
    The FDIC is responsible for the sale or liquidation of all assets 
of a bank or thrift for which it is appointed receiver. It is generally 
preferable for bank customers and the financial system to keep bank and 
thrift assets in the private sector where they can continue to perform 
without disruption. For these reasons, the FDIC attempts to sell as 
many assets of a closed institution as possible as part of a closed 
bank or thrift resolution transaction.
    The asset backup program will provide the FDIC with the loan 
information necessary to expeditiously value and sell an institution 
and its assets in the event that the institution's systems are unable 
to receive, process and produce loan balances and transactions. This 
information will enable purchasers to establish communication with 
borrowers and maintain important account relationships. Without 
accurate information related to loans, such as the rule requires, 
purchasers are unlikely to risk acquiring a bank's assets.
    Where there are no immediate purchasers for a closed institution's 
assets, the FDIC acts as quickly as possible to transfer loans to an 
asset manager or a service provider or to begin servicing the loans 
itself. To minimize loss to the assets' value, it is critical that such 
servicing occur with minimal disruption. Both FDIC and private sector 
asset managers and servicers require loan information similar to that 
of a purchaser.
    Because the acquisition and servicing of assets requires more 
information than deposit accounts, the rule requires additional 
standardized fields of information for loans. The information required 
by the rule is the minimum number of fields necessary for a purchaser 
or the FDIC to make timely and accurate determinations of estimated 
asset values, portfolio compositions and for planning conversions to 
Y2K-ready purchasers, asset managers or service providers. Similarly, 
before it is placed in receivership, the ALBP files may help an 
affected institution transfer its loan accounts to a temporary servicer 
while it repairs its systems.
6. The Rule Facilitates Addressing Y2K Technical Problems
    The FDIC has developed, and is adopting, separate standardized 
backup programs for deposits and loans. Use of these standardized 
backup programs will make available a consistent set of information, 
increasing the possibility that the FDIC or an acquiring institution 
can readily process a closed institution's deposit or loan information.
    When ownership of an insured depository institution changes hands, 
whether in a commercial transaction or a FDIC-assisted transaction, 
detailed account information is converted from the electronic data 
processing (EDP) systems of the acquired institution to the EDP systems 
of the purchaser. Conversion of information from one system to another 
normally requires several months to accomplish as the process involves 
extensive research into the manner that information is provided, 
processed, reported and used. During this time, the two systems 
continue to be operated side-by-side until such time as the steps are 
in place for conversion of the information to a purchaser's systems; 
detailed information as to the programming language and record layout 
used by the originating EDP systems to store information is also 
acquired; programs to translate the coded information readable by one 
system into coded information recognized by another system are written; 
and the information is transferred and tested before use in the new 
electronic data processing systems.
    Few depository institutions use the same format for their 
information. The specific information fields, field lengths, and 
software differ from institution to institution. The mapping process 
requires time and information code definitions. As part of the 
conversion process, the FDIC must map the failing institution's 
information fields to the

[[Page 30872]]

correct information fields in its own systems. In addition, information 
may be grouped in one field in one system and separated in multiple 
fields in another system. The information fields must conform to the 
new system. Use of the ALBPs will expedite this process as programs can 
be written in advance to convert the ALBP record layouts into the 
format needed for the various applications used by the FDIC in the 
resolution process.
    The standard layouts of the ALBP will allow purchasers of closed 
affected institutions to pre-map the incoming file specifications to 
their own record layouts, thus avoiding delays that would otherwise be 
necessary if a purchaser had to input account information manually, or 
map the closed institution's information to its own system and then 
write a conversion program. In a non-Y2K closing, an acquiring 
institution would be able to use the closed institution's systems, but 
this may not be an option in a Y2K closing. Institutions and service 
bureaus interested in providing short-term and long-term support to 
institutions with Y2K-related problems can use the ALBP files to 
facilitate the transfer of account data to their compliant systems. 
This may provide extra protection for the continuation of financial 
services before FDIC resolution action is required.

C. The Rule Places Minimal Burden on the Industry

    The rule requires affected institutions to be able to provide 
electronic files of limited fields of information already maintained by 
those institutions in a standardized format, for a limited period of 
time. To minimize burden and recognize the efforts of most financial 
institutions, only those insured depository institutions that have a 
higher degree of Y2K risk must comply with the rule. Information will 
be reorganized, not created. There are no new reports required or 
transmissions of useable information to the FDIC or any other 
government agency. No confidential records will be released. The FDIC 
will use ALBPs only if an affected institution is closed and 
experiences a Y2K problem and to give depositors timely and accurate 
access to their insured deposits, help maintain loan customer 
relationships and facilitate the quick resolution of the institution. 
Once an institution's computer systems are operating successfully in 
the new millennium to the satisfaction of the institution's primary 
federal regulator, the rule will no longer be applicable to that 
institution. The rule will sunset on June 30, 2000.
    There will be minimal costs for the programming and processing 
associated with creating and maintaining the ALBPs. Production of the 
information may require creating extract files of standard information 
from multiple systems (e.g., demand deposit account systems and time 
deposit account systems). Some institutions may have to adjust their 
electronic data processing production schedules to accommodate these 
additional tasks. Based upon the results of the FDIC's survey of the 
industry discussed below, the FDIC believes that these minor costs 
represent a prudent investment in Y2K contingency planning.
    To minimize the burden of this rule, each affected institution is 
permitted to extract and retain the required information in the manner 
that is most cost effective for that institution. The institution may 
choose to extract the requisite information as part of its normal 
nightly processing production runs or from routine nightly backup 
programs. In either case, the institution must demonstrate to the FDIC 
that it has segregated and preserved the information so that it may be 
obtained using hardware and software located separately from the 
institution's primary system. If the institution chooses to extract the 
information as part of its normal nightly processing production runs, 
the institution must store the files each night beginning December 24, 
1999 until the ``termination date.'' Alternatively, if the institution 
chooses to extract the data from routine nightly backup programs, the 
institution may choose to store the ALBPs each night as set forth above 
or demonstrate to the FDIC the ability to produce on demand the files 
for each night from December 24, 1999, through the termination date. 
The FDIC has limited the duration of this rule to the shortest time 
period possible. The termination date for the requirements of this 
regulation for any affected institution is the earlier of (i) the date 
on which the institution's primary federal regulator changes the 
institution's Y2K readiness rating to Satisfactory; or (ii) the date on 
which the institution establishes to the satisfaction of its primary 
federal regulator that its deposit and loan systems are fully 
functional and reliable after December 31, 1999; or (iii) June 30, 
2000.
    The FDIC estimates the average cost to produce the ALBPs to be 
$17,500 for institutions under $1 billion in asset size and $190,000 
for institutions greater than $1 billion in asset size when using in-
house programming and processing. Service providers do the programming 
for most small institutions. For institutions using service providers 
or licensed software where the vendor provides the programming service, 
the FDIC estimates the cost of the ALBPs to be approximately $10,500 
per service provider or software vendor customer. Overall, the total 
cost burden to the 205 institutions rated as less than Satisfactory as 
of May 21, 1999, is estimated to be $3,000,000. The FDIC assumed that 
on average each service provider or software vendor offered at least 
two product lines and serviced five customers affected by this 
regulation per product line, thus allocating their costs across each 
affected institution. The FDIC believes that the burden of these costs 
is far outweighed by the benefits to be obtained.
    The FDIC surveyed thirteen financial institutions and five major 
service providers of software and/or processing support to insured 
depository institutions (Office of Management and Budget Paperwork 
control number 3064-0130). The survey addressed: (1) current business 
practices, including number and types of clients, software development 
practices and backup procedures; (2) programming costs, including 
estimates of the hours and labor costs to program their EDP systems to 
produce the ALBP files; and (3) production costs, including estimates 
of the additional Central Processing Unit time to run the file extract 
routines, storage media and impacts on overall production schedules. 
The FDIC also discussed its proposed rule with representatives of two 
financial industry trade associations, national clearinghouse 
authorities, a major financial information publisher and 
representatives of other federal financial institution regulatory 
agencies.
    The FDIC believes that it is appropriate for affected institutions 
to pay for their own programming costs because the burden of the rule 
applies only to those demonstrating the highest risk of not being Y2K 
ready and therefore present a greater risk to the deposit insurance 
funds. The rule also provides additional incentives for such 
institutions to improve their preparedness and soundness to avoid 
requirements imposed by the ALBPs.
    It is necessary that the standardized backup programs be in place 
pre-millennium in order to ensure that the ALBP data will be available 
as of January 1, 2000. The rule requires affected institutions to 
complete programming of the ALBP file formats by September 30, 1999. 
Programming of the ALBP files must begin by early August 1999, to allow 
establishment of

[[Page 30873]]

the system requirements, analysis and design, and internal testing of 
the file production programs. No later than October 31, 1999, each 
affected institution will submit to the FDIC a sample of the deposit 
and loan files created using the backup programs and containing test 
data meeting the ALBP specifications. This will allow the FDIC 
sufficient time to test the accuracy of the file formats and coordinate 
any required modifications to bring the formats into compliance with 
the rule. A key benefit of the ALBPs is to allow the FDIC to quickly 
and accurately make insured deposit determinations, estimate asset 
valuations and facilitate the transfer of information to the electronic 
data processing systems of the FDIC or a purchaser of a closed 
institution. Therefore, it is essential that the file formats be 
certified as compliant with the rule before January 1, 2000.

II. Discussion

A. Affected Institutions

    Section 331.1 of the rule sets forth those insured depository 
institutions to which the rule applies (affected institutions). The 
rule applies to all insured depository institutions as that term is 
defined at section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 
1813(c)) that have received a rating of less than Satisfactory in Y2K 
readiness by their primary federal regulator as of July 31, 1999. The 
rule also applies prospectively to any insured depository institution 
that had received a Satisfactory rating as of July 31, 1999, and 
subsequently receives a rating of less than Satisfactory. The rule 
continues to apply to both categories of institutions until the 
termination date specified in Sec. 331.3(d). Prior to January 1, 2000, 
if an affected institution's primary federal regulator changes the 
institution's Y2K readiness rating to Satisfactory, it will not be 
required to comply with the rule as of the date of the change. This 
permits institutions that demonstrate improvement in Y2K readiness 
after July 31, 1999, to avoid the requirements of the rule. After 
January 1, 2000, an affected institution will not be required to comply 
with the rule as of the earlier of the date on which the institution's 
primary federal regulator verifies that the institution's systems are 
Y2K ready or June 30, 2000.

B. Exemption

    Section 331.2 of the rule provides that an affected institution 
will, without application, be exempted by the FDIC from the rule upon a 
written determination by its primary federal regulator that the ALBP is 
not needed for that institution. For example, the primary federal 
regulator may find that an institution has ensured its systems' 
readiness during the testing phase and developed adequate business 
resumption contingency plans, but for less critical reasons was 
assessed a less than Satisfactory rating. A primary federal regulator's 
written determination would be submitted to the Executive Secretary of 
the FDIC. In the case of an FDIC-regulated institution, the 
determination would be made by the FDIC's Director of the Division of 
Supervision, or designee, and submitted to the Executive Secretary of 
the FDIC.

C. Asset and Liability Backup Program Requirements

    Sections 331.3(b) and (c) of the rule require all affected 
institutions to prepare and retain daily extract files of information 
concerning deposit accounts and loan accounts. The specifications for 
the deposit ALBPs are contained in appendix A; the specifications for 
the loan ALBPs are contained in appendix B. The rule requires the 
institution to segregate and preserve all daily extract files created 
in compliance with the rule so that they can be obtained using hardware 
and software located separately from the institution's primary 
electronic data processing system. This will ensure that the ALBP data 
will be accessible if the affected institution experiences a Y2K 
problem. Affected institutions may choose whether to prepare the daily 
extract file as part of the institution's normal nightly processing 
production runs or from routine nightly backup programs. If the 
institution prepares its daily extract files as part of its normal 
nightly processing production runs, it must store the files each night 
beginning December 24, 1999, through the termination date. If the 
institution chooses to prepare its daily extract files from routine 
nightly backup programs it must either store the files each night as 
set out above, or it may demonstrate to the FDIC that it is able to 
produce to the FDIC, upon demand, the daily extract files for each 
night from December 24, 1999, through the termination date.
    Section 331.3(d) of the rule specifies a ``termination date,'' 
after which the requirements of the rule do not apply to an affected 
institution. The termination date is (1) the date on which the 
institution's primary federal regulator changes the institution's Y2K 
rating to Satisfactory; (2) the date on which the institution 
establishes to the satisfaction of its primary federal regulator that 
its deposit and loan systems are fully functional and reliable after 
December 31, 1999; or (3) June 30, 2000. The first termination date 
recognizes that an institution that is rated less than satisfactory on 
July 31, 1999, or thereafter, may improve its readiness so that it is 
rated Satisfactory. Such an institution would be required to comply 
with the regulation as long as it was rated less than Satisfactory; 
however, once the primary federal regulator changed its rating to 
Satisfactory, the institution would have no further obligations under 
the rule. For those institutions that enter the millennium with a less 
than Satisfactory rating, the second termination date requires them to 
comply with the rule until they establish that their deposit and loan 
systems are fully functional and reliable in Y2K. The rule will sunset 
on June 30, 2000, and its requirements will no longer apply to any 
affected institution.
    These ALBP requirements will ensure that information is available 
if an affected institution's business systems are unable to receive, 
process, and produce deposit and loan balances and transactions in a 
timely and accurate manner due to a Y2K problem. The ALBPs include the 
minimum number of fields necessary for (1) the FDIC to make timely and 
accurate determinations of estimated insured deposits, asset values and 
portfolio compositions, and (2) potential purchasers, asset managers 
and service providers to move quickly to transfer and set up loan and 
deposit accounts from the closed institution, convert the closed 
institution's systems to their own, and implement a timely relationship 
with the new customers.

D. Programming and Testing

    Section 331.4 of the rule requires each affected institution to 
program and test its ALBPs. In order to provide sufficient time to make 
necessary corrections to the ALBP, the rule requires each institution 
to complete its programming and testing by September 30, 1999, and to 
provide a sample output file composed of at least ten test records 
containing test data meeting the ALBP criteria to be delivered to the 
FDIC no later than October 31, 1999. The FDIC will use these test files 
only to verify that the ALBP complies with this rule. If an institution 
that had been rated Satisfactory in Y2K readiness as of July 31, 1999, 
receives a less than Satisfactory rating subsequent to that date, the 
FDIC will determine the timetable by which the institution must 
complete the programming, testing and correction of the ALBP.

E. Supporting Documentation

    Section 331.5 of the rule requires institutions providing ALBPs to 
the FDIC to also provide narratives

[[Page 30874]]

describing the process by which the ALBPs were produced and a trial 
balance or other hard copy report summarizing the contents of the 
electronic files. These documents will allow the FDIC to ensure that it 
is properly interpreting the information provided in the ALBPs.

F. Sunset Date

    Section 331.6 of the rule specifies its sunset date as June 30, 
2000. The FDIC believes that any Y2K problem posing significant risk 
will have been manifested and resolved by that time.

III. Authority for the Regulation

    This regulation is authorized by the FDIC's general rulemaking 
authority and pursuant to its fundamental responsibilities to ensure 
the safety and soundness of insured depository institutions and act as 
receiver or conservator of those institutions as required by law.
    Specifically, 12 U.S.C. 1819(a) Tenth provides the FDIC with 
general authority to issue such rules and regulations as it deems 
necessary to carry out the statutory mandates of the Federal Deposit 
Insurance Act (FDI Act) and other laws that the FDIC is charged with 
administering or enforcing. 12 U.S.C. 1819(a) Seventh permits the FDIC 
to exercise incidental powers related to those granted in the FDI Act. 
One of the FDIC's fundamental powers is to ensure the safety and 
soundness of insured depository institutions pursuant to 12 U.S.C. 
1818(a) and (b). The FDI Act also empowers the FDIC to act as receiver 
or conservator for insured depository institutions in the event of 
insolvency and permits the FDIC to promulgate rules related to the 
conduct of conservatorships or receiverships and implement certain 
other requirements set forth in section 11 of the FDI Act. (12 U.S.C. 
1821).

IV. The Administrative Procedure Act

    The FDIC is adopting this regulation as an interim final rule 
effective thirty days after publication in the Federal Register without 
the usual notice and comment period as provided in the Administrative 
Procedure Act (APA), 5 U.S.C. 551, et seq., or the delayed effective 
date as provided in section 302 of the Riegle Community Development and 
Regulatory Improvement Act of 1994 (CDRI), 12 U.S.C. 4802(b). The APA 
provides that the requirement for such notice and comment periods does 
not apply ``when the agency for good cause finds * * * that notice and 
public procedure thereon are impracticable, unnecessary, or contrary to 
the public interest.'' 5 U.S.C. 553(b)(3)(B). Section 302 of CDRI 
provides that certain new regulations should ``take effect on the first 
day of a calendar quarter which begins on or after the date on which 
the regulations are published in final form, unless--(A) the agency 
determines, for good cause published with the regulation, that the 
regulation should become effective before such time.'' 12 U.S.C. 
4802(b)(1)(A).
    The FDIC has found that promulgation of this regulation on an 
expedited basis is required. This rule is necessary to protect the 
public's interest in the continued stability of the financial system 
and to ensure timely and accurate access to deposits in insured 
depository institutions in the event that such institutions 
experiencing a Y2K problem are closed. All efforts to create ALBPs must 
be completed and operational by December 24, 1999, to ensure that 
public confidence in the financial system continues. The changes 
required by this rule would be impracticable to implement in less than 
six months. These backup programs must be in place pre-millennium to 
ensure that all systems will function as of January 1, 2000. 
Programming of the backup program files must begin by early August 
1999, to allow establishment of the system requirements, analysis and 
design, and internal testing of the file production programs. 
Subsequently, the FDIC must have sufficient time to test the sample 
formats for compliance with the rule and to work with the institutions 
to correct any deficiencies. Delay in the effective date of this rule 
would be detrimental to the efforts of the regulatory agencies and the 
banking industry to prepare for potential problems caused by the Y2K 
date change.

V. Regulatory Flexibility Analysis

    The Regulatory Flexibility Act, 5 U.S.C. 601-612, requires an 
agency to publish an initial regulatory flexibility analysis, except to 
the extent provided in 5 U.S.C. 605(b), whenever the agency is required 
to publish a general notice of proposed rulemaking for a proposed rule. 
For good cause discussed above, the FDIC is publishing this rule as an 
interim final rule, for which publication of a general notice of 
proposed rulemaking is not necessary. No initial regulatory flexibility 
analysis is required.

VI. Paperwork Reduction Act

    The collection of information contained in this interim final rule 
has been submitted to the Office of Management and Budget (OMB) for 
review and approval in accordance with the requirements of the 
Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501, et seq. OMB is 
required to make a decision concerning the collection of information 
contained in the interim final regulation between 30 and 60 days after 
the publication of this document in the Federal Register. Therefore, a 
comment to OMB is best assured of having its full effect if OMB 
receives it within 30 days of this publication. This does not affect 
the deadline for the public to comment to the FDIC on the interim final 
regulation.
    Comments are invited on (a) whether the collection of the required 
information is necessary for the proper performance of the FDIC's 
functions, including whether the information has practical utility; (b) 
the accuracy of the estimates of the burden of the information 
collection; (c) ways to enhance the quality, utility, and clarity of 
the information to be collected; and (d) ways to minimize the burden of 
the information collection, including through the use of automated 
collection techniques or other forms of information technology. 
Comments should be addressed to the Office of Information and 
Regulatory Affairs, Office of Management and Budget, Attention: Desk 
Officer Alexander Hunt, New Executive Office Building, Room 3208, 
Washington, DC 20503, with copies of such comments to Steven F. Hanft, 
Assistant Executive Secretary (Regulatory Analysis), FDIC, Room F-4062, 
550 17th Street, N.W., Washington, DC 20429.
    Title of the collection: All comments should refer to ``Asset and 
Liability Backup Program.''
    Summary of the collection: This new requirement calls for affected 
FDIC-insured depository institutions to develop and retain extracts of 
deposit and loan account information maintained by such institutions, 
stored in electronic form, beginning December 24, 1999, and continuing 
until the earlier of approval by the institution's primary federal 
regulator or June 30, 2000 (12 CFR 331.3); to program and test the 
required ALBP extract files by September 30, 1999, and to submit a test 
file of sample information for each ALBP format to the FDIC for 
validation purposes (12 CFR 331.4); and to submit supporting 
documentation to the FDIC (12 CFR 331.5).
    Need and use of the information: The FDIC needs the information to 
facilitate timely and accurate restoration of key financial records. 
The FDIC will use the information only in the event of the closure of 
an affected institution experiencing a Y2K problem.

[[Page 30875]]

    Respondents: This rule applies those FDIC-insured depository 
institutions receiving Y2K ratings from their primary federal 
regulators of less than ``Satisfactory'' on or after July 31, 1999.
    Estimated annual burden resulting from this proposed rulemaking:
    Frequency of response: Daily, beginning December 24, 1999 and 
continuing until released from the rule's requirements or June 30, 
2000, whichever occurs first.
    Number of respondents: 205.
    Average number of hours per respondent: 131.4.
    Total annual burden hours: 26,945.
    It is noted that the total annual burden includes service bureau 
and other contractor time, and that the actual burden experienced by 
individual institutions may range from 70 hours per institution to 
2,500 per institution.

VII. Small Business Regulatory Enforcement Fairness Act

    The Office of Management and Budget has determined that this 
interim final rule is not a ``major rule'' within the meaning of the 
relevant sections of the Small Business Regulatory Enforcement Fairness 
Act of 1996 (SBREFA), 5 U.S.C. 801, et seq. As required by SBREFA, the 
FDIC will file the appropriate reports with Congress and the General 
Accounting Office so that the interim final rule can be reviewed.

VIII. Assessment of Impact of Federal Regulation on Families

    The FDIC has determined that this regulation will not affect family 
well-being within the meaning of section 654 of the Treasury Department 
Appropriations Act, 1999, enacted as part of the Omnibus Consolidated 
and Emergency Supplemental Appropriations Act, 1999 (Pub. L.105-277, 
112 Stat. 2681).

    By order of the Board of Directors.

    Dated at Washington D.C., this 3rd day of June, 1999.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.

List of Subjects in 12 CFR Part 331

    Bank deposit insurance, Banks, banking, Reporting and recordkeeping 
requirements, Savings associations.

    For the reasons stated in the preamble, a new part 331 is added to 
chapter III of title 12 of the Code of Federal Regulations to read as 
follows:

PART 331--ASSET AND LIABILITY BACKUP PROGRAM

Sec.
331.1  Affected institutions.
331.2  Exemption.
331.3  ALBP requirements.
331.4  Programming and testing required.
331.5  Supporting documentation required.
331.6  Sunset of program.

Appendix A to Part 331--Asset and Liability Backup Program Technical 
Instructions and Deposit Extract File Format

Appendix B to Part 331--Asset and Liability Backup Program Technical 
Instructions and Loan Extract File Format

    Authority: 12 U.S.C. 1818(a) and (b), 1819(a) (Seventh and 
Tenth), 1821.


Sec. 331.1  Affected institutions.

    The provisions of this part 331 apply to all insured depository 
institutions, as defined in 12 U.S.C. 1813(c)(2), that are rated as 
less than Satisfactory in Y2K readiness by their primary federal 
regulator on or after July 31, 1999 (affected institutions), until the 
termination date specified in Sec. 331.3(d).


Sec. 331.2  Exemption.

    An affected institution will, without application, be exempted by 
the FDIC from the requirements of this part 331 upon a written 
determination made by, and in the sole discretion of, its primary 
federal regulator that the asset and liability backup program (ALBP) is 
not needed for that institution. Such written determination shall be 
submitted to the Executive Secretary, FDIC. In the case of an FDIC-
regulated affected institution, the Director of the Division of 
Supervision, or designee, shall have the authority to waive the 
requirements of this part 331 upon a written determination submitted to 
the Executive Secretary, FDIC, that the ALBP procedures are not needed 
for that institution.


Sec. 331.3  ALBP requirements.

    (a) ALBPs required. (1) All affected institutions shall prepare and 
retain daily extract files of information concerning:
    (i) Deposit accounts following the ALBP format specified in 
appendix A to this part 331; and
    (ii) Loan accounts following the ALBP format specified in appendix 
B to this part 331.
    (2) All daily extract files shall be segregated and preserved so 
that they can be obtained using hardware and software located 
separately from the institution's primary information processing 
system.
    (b) Preparation of the daily extract files. Each affected 
institution shall prepare its daily extract files either--
    (1) As part of the institution's normal nightly processing 
production runs; or
    (2) From routine nightly backup programs.
    (c) Retention of daily extract files. Each daily extract file shall 
be retained in one of three media meeting the specifications contained 
in appendices A and B to this part 331, until the termination date.
    (1) If the institution prepares its daily extract files as part of 
its normal nightly processing production runs under Sec. 331.3(b)(1), 
the institution must store the files each night beginning December 24, 
1999, through the termination date specified in Sec. 331.3(d).
    (2) If the institution prepares its daily extract files from 
routine nightly backup programs under Sec. 331.3(b)(2), the institution 
shall either retain the daily extract files each night as set forth in 
Sec. 331.3(c)(1), or demonstrate to the FDIC its ability to produce to 
the FDIC, upon demand, the daily extract files for each night from 
December 24, 1999, through the termination date specified in 
Sec. 331.3(d).
    (d) Termination date. (1) The termination date of the ALBP 
requirement for any affected institution is the earlier of:
    (i) The date on which the institution's primary federal regulator 
changes the institution's Y2K rating to Satisfactory;
    (ii) The date on which the institution establishes to the 
satisfaction of its primary federal regulator that its deposit and loan 
systems are fully functional and reliable after December 31, 1999; or
    (iii) June 30, 2000.
    (2) An affected institution that wishes to receive verification 
under paragraph (d)(1)(ii) of this section shall make its request to 
the primary federal regulator in writing.


Sec. 331.4  Programming and testing required.

    Programming and testing of the required ALBP extract files shall be 
completed by each affected institution by September 30, 1999. A sample 
output file with at least ten (10) records containing test information 
meeting the ALBP criteria shall be delivered to the FDIC no later than 
October 31, 1999, in accordance with the instructions contained in 
appendices A and B to this part 331. The FDIC will test the sample 
output file against the specifications contained in appendices A and B 
of this part 331. Corrections of any identified errors must be made, 
and a new sample output file provided to the FDIC, within fifteen (15) 
days of receipt of notice of such errors from the FDIC. For any 
institution that receives a less than Satisfactory rating after July 
31, 1999,

[[Page 30876]]

the FDIC will determine the completion and delivery dates under this 
section.


Sec. 331.5  Supporting documentation required.

    In addition to the files submitted to the FDIC under Sec. 331.4, 
the institution shall submit the following supporting documentation:
    (a) A narrative describing the process by which the daily extract 
files were produced; and
    (b) A trial balance or other hard copy summary of the contents of 
the electronic files to permit the FDIC to verify the accurate receipt 
and interpretation of the information transmitted to the FDIC.


Sec. 331.6  Sunset of program.

    The ALBP procedures contained in this part 331 shall not be 
required after June 30, 2000.

Appendix A to Part 331--Asset and Liability Backup Program 
Technical Instructions and Deposit Extract File Format

TECHNICAL INSTRUCTIONS

FDIC Standard Deposit Extract File Format

THE FDIC STANDARD DEPOSIT EXTRACT FILE FORMAT

    The attached ``Deposit Extract File Format'' is a list of fields 
developed as a tool for requesting information from an institution for 
the purposes of insurance estimation and other related functions. 
Please match your institution's deposit information field names to 
those on the ``Deposit Extract File Format.'' For your convenience, 
descriptions of each field are provided.
    STANDARD DEPOSIT EXTRACT FILE PREFERENCES:
    1. Information must be provided in an ASCII-flat, tab delimited 
file.
    (a) The preferred media is diskette, CD, ZIP Disk or fixed length 
9-track tape.
    (b) All deposit records should be included in one file. Separate 
files are acceptable in those cases where the information will not fit 
on the selected media type.
    (c) Diskette and CD files zipped with PKZIP or WINZIP are also 
acceptable.
    If information cannot be provided on preferred media, or you cannot 
provide the information in ASCII format, please contact Mr. James 
Murphy, at the FDIC's Dallas Field Operations Branch, Telephone No. 
(972) 761-2226, for possible alternatives.
    2. Please provide ALL requested information where possible.
    3. Provide a record layout in a printout accompanying the file. The 
field order and field names are indicated. The field names are under 
the column heading 'FDIC NAME.' Your record layout must include field 
order, field name, type (e.g., Character, Numeric), field length and 
decimal places (precision).
    4. Do not duplicate records within the download.
    5. Decimal points should be included in the information provided, 
not implied (i.e., $10,300.75 should be provided as 10300.75, interest 
rate of 8.45% should be provided as .0845). Please do NOT include 
packed or zoned decimals.
    6. Date formats should be MM/DD/YYYY (e.g., March 14, 2001 should 
be provided as 03/14/2001).

                                           Deposit Extract File Format
----------------------------------------------------------------------------------------------------------------
                                                                                                  Info
               Information Field          Definition              FDIC Name         Info Type    Length    Dec
----------------------------------------------------------------------------------------------------------------
1...........  Account Status.....  Code defining account     STATUS.............  C...........        4
                                    status (Open, Closed,
                                    Dormant, etc)..
2...........  Branch Number......  Branch Number...........  BRANCH.............  C...........        4
3...........  Account Number.....  Unique account number.    ACCTNO.............  C...........       16
                                    Include all fields
                                    required to avoid
                                    duplicate account
                                    numbers..
4...........  Tax ID Number......  Taxpayer identification   TAXID..............  C...........       11
                                    number of the primary
                                    account holder (ex: 428-
                                    78-1992 or 58-2345679
                                    Include Hyphens)..
5...........  Customer Short Name  Alpha sort key used to    SHORTNAME..........  C...........       20
                                    create an alpha list of
                                    accounts..
6...........  Customer Name......  Full name line 1 as it    NAME1..............  C...........       40
                                    appears on deposit
                                    account..
7...........  Joint Customer Name  Full name line 2 as it    NAME2..............  C...........       40
                                    appears on deposit
                                    account..
8...........  Customer Street      The street address as it  ADDR1..............  C...........       40
               Address.             appears on the
                                    statement. May also be
                                    provided in multiple
                                    fields (provide as
                                    ADDR1, ADDR2, ADDR3,
                                    etc).
9...........  Customer City......  Address city as it        CITY...............  C...........       25
                                    appears on statement..
10..........  Customer State.....  State postal              STATE..............  C...........        2
                                    abbreviation as it
                                    appears on statement..
11..........  Customer Zip.......  Address zip code as it    ZIP................  N...........        9
                                    appears on statement--
                                    no hyphens..
12..........  Financial            The Financial             FITYPE.............  C...........        4
               Institution's        Institution's account
               Account Type.        types. Use any
                                    pertinent codes
                                    relevant to identifying
                                    the type of account..
13..........  Account Type         Description of the        FIDESC.............  C...........       20
               Description.         Financial Institution's
                                    account types. May also
                                    be used to describe
                                    class codes..
14..........  FDIC Account Type..  FDIC Claim Types (e.g.,   FDICTYPE...........  C...........        4
                                    DDA, SAV, CD, NOW, MMA,
                                    IRA, KEO (KEOGH), TRU
                                    (TRUST))..
15..........  GL Code............  Financial Institution's   GLCODE.............  C...........        6
                                    GL code that the
                                    account is aggregated
                                    to for GL accounting..
16..........  GL Code Description  Description of Financial  GLDESC.............  C...........       20
                                    Institution's GL code
                                    that the account is
                                    aggregated to for GL
                                    accounting..
17..........  Class Code.........  All codes identifying     CLASS..............  C...........        4
                                    deposit account
                                    products on bank's
                                    system (may be the same
                                    as FITYPE)..

[[Page 30877]]

 
18..........  Municipality.......  Indicates account of      MUNICIPAL..........  C...........        4
                                    state, county or
                                    municipal entity..
19..........  Current Account      Current principal         CURRBAL............  N...........       15        2
               Balance.             account balance..
20..........  Accrued Interest...  Accrued interest earned   ACCRINT............  N...........       15        2
                                    but not paid on the
                                    account. Enter zero if
                                    not interest bearing..
21..........  Per Diem...........  Daily accrual amount or   PERDIEM............  N...........        9        5
                                    per diem. Enter zero if
                                    blank or null..
22..........  Interest Paid Year-  Interest paid year-to-    INTPYTD............  N...........       15        2
               to-Date.             date. Enter zero if not
                                    interest bearing..
23..........  Interest Rate......  Current interest rate     RATE...............  N...........        8        5
                                    applicable to account
                                    on cutoff date. Rate is
                                    based on the current
                                    balance, not base rate.
                                    If minimum balance
                                    requirements are not
                                    met, rate is zero..
24..........  Original Date......  Date account opened.....  ORIGDATE...........  D...........        8
25..........  Maturity Date......  Maturity date for all     MATDATE............  D...........        8
                                    CDs and IRA accounts..
26..........  Interest Paid        Date interest is paid     PDTHRUDT...........  D...........        8
               Through Date.        through..
27..........  Collateral Account   Loan account number for   LOANACCT...........  C...........       16
               Number.              which this deposit
                                    account is serving as
                                    collateral..
28..........  Overdraft Account    Overdraft Protection      OPDACCT............  C...........       16
               Number.              account number this
                                    account is tied to..
29..........  Available Overdraft  Current available         AVAILOD............  N...........       15
               Protection Amount.   Overdraft Protection
                                    Balance.
30..........  Average Daily        Average daily balance,    DAILYBAL...........  N...........       15
               Balance.             maintained for the
                                    current statement
                                    period (monthly,
                                    quarterly)..
31..........  Available Balance..  Current available         AVAILBAL...........  N...........       15
                                    balance.
32..........  Hold Code..........  Hold code(s)/flag(s)      HOLDCODE...........  C...........        4
                                    indicating account
                                    secures a loan(s)..
33..........  Hold Description...  Description of hold       HOLDDESC...........  C...........       20
                                    code(s)/flag(s)
                                    indicating account
                                    secures a loan(s) etc..
34..........  Hold Amount........  Amount of hold(s).......  HOLDAMT............  N...........       15        2
----------------------------------------------------------------------------------------------------------------

Appendix B to Part 331--Asset and Liability Backup Program 
Technical Instructions and Loan Extract File Format

TECHNICAL INSTRUCTIONS

FDIC Standard Loan Extract File Format

THE FDIC STANDARD LOAN EXTRACT FILE FORMAT

    The attached ``Loan Extract File Format'' is a list of fields 
developed as a tool for requesting information from an institution for 
the purposes of categorizing, analyzing and transmitting the loan 
portfolio and other related functions. Please match your institution's 
loan information field names to those on the ``Loan Extract File 
Format.'' For your convenience, descriptions of each field are 
provided.
    STANDARD LOAN EXTRACT FILE PREFERENCES:
    1. Information must be provided in an ASCII-flat, tab delimited 
file.
    (a) The preferred media is diskette, CD, ZIP Disk or fixed length 
9-track tape.
    (b) All loan records should be included in one file. Separate files 
are acceptable in those cases where the information will not fit on the 
selected media type.
    (c) Diskette and CD files zipped with PKZIP or WINZIP are also 
acceptable.
    If information cannot be provided on preferred media, or you cannot 
provide the information in ASCII format, please contact Mr. James 
Murphy, at the FDIC's Dallas Field Operations Branch, Telephone No. 
(972) 761-2226, for possible alternatives.
    2. Please provide ALL requested information where possible.
    3. Provide a record layout in a printout accompanying the file. The 
field order and field names are indicated. The field names are under 
the column heading `FDIC NAME'. Your record layout must include field 
order, field name, type (e.g. Character, Numeric), field length and 
decimal places (precision).
    4. Do not duplicate records within the download.
    5. Decimal points should be included in the information provided, 
not implied (i.e., $10,300.75 should be provided as 10300.75, interest 
rate of 8.45% should be provided as .0845). Please do NOT include 
packed or zoned decimals.
    6. Date formats should be MM/DD/YYYY (e.g., March 14, 2001 should 
be provided as 03/14/2001).
    7. All information for each loan must be contained within one 
record.
    a. Participation sold information should not be provided as a 
separate record (provide as separate field).
    b. Partial charge-off information should not be provided as a 
separate record (provide as separate field).
    c. Completely charged-off loans and paid-off loans should not be 
included in the download.
    d. Loans with partial charge-off should be provided with balances 
net of partial charge-off.

[[Page 30878]]



                                            Loan Extract File Format
----------------------------------------------------------------------------------------------------------------
                                                                                                  Info
               Information Field          Definition              FDIC Name         Info Type    Length    Dec
----------------------------------------------------------------------------------------------------------------
1...........  Borrower Name......  The full legal name       NAME...............  C...........       50
                                    (Last Name, First Name,
                                    MI) of the borrower
                                    (preferred). The
                                    information may also be
                                    provided in multiple
                                    fields (Last Name in
                                    field called NAME1,
                                    First Name in a field
                                    called NAME2, MI in a
                                    field called NAME3).
2...........  Borrower Short Name  Abbreviated name          SHORTNAME..........  C...........       50
                                    assigned to each
                                    borrower.
3...........  Borrower Street      The street address where  ADDR1..............  C...........       50
               Address.             the borrower's home or
                                    head office is located.
                                    May also be provided in
                                    multiple fields
                                    (provide as ADDR1,
                                    ADDR2, ADDR3, etc).
4...........  Borrower City......  The city where the        CITY...............  C...........       40
                                    borrower's home or head
                                    office is located.
5...........  Borrower State.....  The state where the       STATE..............  C...........        2
                                    borrower's home or head
                                    office is located.
6...........  Borrower Zip.......  The zip code where the    ZIP................  C...........       10
                                    borrower's home or head
                                    office is located.
7...........  CIF Number.........  Central Information File  CIF................  C...........       15
                                    identifier. The number
                                    that links all loan,
                                    deposit, and other
                                    accounts to the
                                    borrower. (This number
                                    may be the same as the
                                    Borrower ID Number.)
8...........  Insider............  Indicates if the          INSIDER............  C...........        1
                                    borrower is either an                         Y/N.........
                                    insider of the bank or
                                    a related interest of
                                    an insider of the bank.
                                    If possible, indicate
                                    the type of insider
                                    (e.g., director,
                                    executive officer,
                                    principal shareholder,
                                    non-executive officer,
                                    or employee).
9...........  Tax ID Number......  Taxpayer identification   TAXID..............  C...........       11
                                    number of the primary
                                    account holder (e.g.,
                                    428-78-1992 or 58-
                                    2345679 Include
                                    Hyphens).
10..........  Accrued Interest...  Total amount of interest  ACCRINT............  N...........       14        2
                                    accrued and unpaid on a
                                    note/credit facility.
11..........  Amortizing or Non    Indicates if the note/    AMORTCD............  C...........        1
               Amortizing Status.   credit facility is                            Y/N.........
                                    amortizing or non-
                                    amortizing.
12..........  Branch ID..........  Identifies the branch     BRANCH.............  N...........        3
                                    location where the note/
                                    credit facility was
                                    originated or is
                                    managed. Please
                                    indicate in your
                                    supporting
                                    documentation if this
                                    identification number
                                    is part of the note/
                                    credit facility number.
13..........  Charged-Off Amount.  The amount associated     CHGOFFAMT..........  N...........       14        2
                                    with the note/credit
                                    facility that has been
                                    charged off. If the
                                    note/credit facility
                                    balances reported
                                    elsewhere are not net
                                    of charged-off amounts,
                                    please indicate this in
                                    your supporting
                                    documentation.
14..........  Co-Maker or Joint    The name of the co-       COMAKER............  C...........       50
               Maker.               maker(s) or joint
                                    maker(s) whose
                                    signature(s) appears on
                                    the promissory note or
                                    loan agreement.
15..........  Current Balance....  The portion of the note/  CURRBAL............  N...........       14        2
                                    credit facility that
                                    appears as an asset on
                                    the bank's General
                                    Ledger. This balance is
                                    net of all
                                    participations sold,
                                    charge-off, and
                                    specific reserves.
16..........  Number of Days Past  If interest or principal  DAYSLATE...........  N...........        4
               Due.                 is delinquent, indicate
                                    the number of days
                                    delinquent. If both are
                                    delinquent, indicate
                                    the larger of the two
                                    numbers.
17..........  Dealer Code........  The code identifying      DEALERCD...........  C...........        5
                                    loans accepted from
                                    auto, mobile home, or
                                    other sales agents.
18..........  Dealer Name........  Dealer name.............  DEALNAME...........  C...........       50
19..........  Dealer Reserve       The amount of the dealer  DEALERRES..........  N...........       14        2
               Balance.             reserve held in
                                    conjunction with the
                                    applicable account.
20..........  Escrow Balance.....  The amount currently      ESCRBAL............  N...........       14        2
                                    held in escrow for
                                    payment to third
                                    parties, such as
                                    insurance and real
                                    estate taxes.
21..........  Guarantor or         Name of the individual    GTYNAME............  C...........       50
               Endorser Name.       or entity that
                                    guarantees, in part or
                                    in full, the borrower's
                                    note.
22..........  Index..............  The specific underlying   INDEX..............  C...........       10
                                    market index used to
                                    calculate the interest
                                    rate of an adjustable
                                    rate note/credit
                                    facility (i.e. LIBOR,
                                    Wall Street Prime, Cost
                                    of Funds Index, One-
                                    Year Treasury Bill).
23..........  Interest Rate......  The interest rate         RATE...............  N...........        8        3
                                    currently applicable to
                                    the note/credit
                                    facility. If the
                                    interest rate is
                                    variable, indicate the
                                    current rate (e.g.,
                                    7.25%, not Prime + 1).

[[Page 30879]]

 
24..........  Interest Paid to     Amount of interest        INTPAID............  N...........       14        2
               Date.                collected since
                                    origination or other
                                    institution-defined
                                    time period.
25..........  Interest Rate Reset  The time between          RTCHGFRQ...........  N...........        3
               Interval.            periodic reset dates
                                    for variable or
                                    adjustable rate loans.
26..........  Interest Rate Reset  The next periodic reset   RESETDTE...........  D...........
               Date.                date for variable or
                                    adjustable rate loans.
27..........  Last Payment Date..  Date Date the last        LASTPMT............  D...........
                                    payment was made.
28..........  Last Renewal Date..  Date on which the         LASTRENEW..........  D...........
                                    legally binding note/
                                    credit facility was
                                    extended or renewed,
                                    even if principal
                                    reductions have been
                                    made.
29..........  Late Charges.......  Late charges that are     LTCHGBAL...........  N...........       14        2
                                    currently due.
30..........  Lifetime Interest    The upper limit on the    RTCEIL.............  N...........        8        3
               Rate Cap.            interest rate that can
                                    be charged over the
                                    life of the loan.
31..........  Lifetime Interest    The lower limit on the    RATEFL.............  N...........        8        3
               Rate Floor.          interest rate that can
                                    be charged over the
                                    life of the loan.
32..........  Maturity Date......  The date on which the     MATDATE............  D...........
                                    legally binding note/
                                    credit facility matures.
33..........  Mortgage Loan Type.  For real estate loans,    MTGTYPE............  C...........       15
                                    indicates if the note/
                                    credit facility is
                                    secured by a first lien
                                    on single-family
                                    residential real estate.
34..........  Next Payment Date..  Date the next scheduled   NXTDUEDT...........  D...........
                                    payment is due.
35..........  Non-accrual........  Idicates if the note/     NONACCRCD..........  C...........        1
                                    credit facility is on                         Y/N.........
                                    non-accrual status.
36..........  Note Number or       The number used by the    ACCTNO.............  C...........       15
               Credit Facility      bank to uniquely
               Number.              identify a note/credit
                                    facility.
37..........  Note Type or Credit  A code representing the   LOANTYPE...........  C...........        5
               Facility Type.       type of loan May
                                    correspond to the FFIEC
                                    Report of Condition.
38..........  Note Type or Credit  A description of the      TYPEDESC...........  C...........       15
               Facility Type        code representing the
               Description.         type of loan.
39..........  Number of Payments.  The number of payments    PAYNUM.............  N...........        3
                                    specified in the loan
                                    agreement or note.
40..........  Number of            The number of times the   EXTENDS............  N...........        2
               Extensions.          loan has been extended
                                    beyond original
                                    maturity date.
41..........  Original Balance...  The amount of the note    ORIGAMT............  N...........       14        2
                                    or credit facility that
                                    has been executed. If a
                                    note/credit facility
                                    has been renewed one or
                                    more times and the
                                    original amount is not
                                    available, provide the
                                    amount most recently
                                    executed.
42..........  Original Date......  The date your             ORIGDATE...........  D...........
                                    institution extended
                                    credit to the borrower.
                                    Date should be
                                    consistent with the
                                    information provided
                                    for original balance.
43..........  Payment Amount.....  Amount of regularly       PAYAMT.............  N...........       14        2
                                    scheduled payments.
44..........  P&I Payment........  Amount of regularly       PIAMT..............  N...........       14        2
                                    scheduled P&I payments.
45..........  Payment Frequency..  The frequency payments    PAYFREQ............  C...........       15
                                    are due to the bank
                                    (i.e. monthly,
                                    quarterly, annually).
46..........  Periodic Interest    For variable or           PRTCAP.............  N...........        8        3
               Rate Cap.            adjustable rate loans,
                                    the maximum percentage
                                    points that the rate
                                    may change each reset
                                    interval.
47..........  Basis Code.........  Day basis on which        BASIS..............  C...........       12
                                    interest calculations
                                    are made (e.g., 3/360,
                                    Actual/360, etc.).
48..........  Revolving Line of    Indicates if the loan is  REVCODE............  C...........        5
               Credit.              a revolving line of
                                    credit.
49..........  Security Perfection  The date that the last    PERFDATE...........  D...........
               Date.                security interest,
                                    lien, or UCC-1 was
                                    perfected.
50..........  Times Past Due 30-   Number of times the note/ LATE30.............  N...........        4
               59 Days.             credit facility has
                                    been past due 30-59
                                    days during the last 12
                                    months of the loan.
51..........  Times Past Due 60-   Number of times the note/ LATE60.............  N...........        4
               89 Days.             credit facility has
                                    been past due 60-89
                                    days during the last 12
                                    months of the loan.
52..........  Times Past Due 90+   Number of times the note/ LATE90.............  N...........        4
               Days.                credit facility has
                                    been past due 90 or
                                    more days during the
                                    last 12 months of the
                                    loan.
53..........  Total Commitment...  The sum of the            CREDLMT............  N...........       14        2
                                    outstanding balance and
                                    the undisbursed amount
                                    legally available to be
                                    drawn upon.
54..........  Troubled Debt        Code indicating if the    RTDCODE............  C...........        1
               Restructured Code.   note/credit facility is                       Y/N.........
                                    considered to be a
                                    troubled debt
                                    restructure.
55..........  Unfunded or          The amount legally        UNFUNDED...........  N...........       14        2
               Undisbursed          available under a note/
               Balance.             credit facility that
                                    has not been disbursed.
56..........  Variable Rate Code.  Code indicating           RATECODE...........  C...........        5
                                    adjustable, floating,
                                    or variable interest
                                    rate.

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57..........  Variable Rate        Description of code       RATEDESC...........  C...........       15
               Description.         indicating adjustable,
                                    floating or variable
                                    interest rate.
58..........  Collateral Code....  The code associated with  COLLCODE...........  C...........        5
                                    a unique collateral
                                    type (i.e. commercial
                                    real estate, 1-4 family
                                    real estate, UCC
                                    filings, marketable
                                    securities).
59..........  Collateral           The narrative             COLLDESC...........  C...........       50
               Description.         description of
                                    collateral or a
                                    description Referencing
                                    a collateral code. The
                                    collateral code for
                                    each description must
                                    be included in a
                                    separate table.
60..........  Collateral State...  State in which the        COLSTATE...........  C...........        2
                                    collateral is located.
61..........  Collateral Value...  The total value assigned  APPRLAMT...........  N...........       14        2
                                    to the collateral. If
                                    the bank has adjusted
                                    this value, please
                                    indicate this in your
                                    supporting
                                    documentation.
62..........  Collateral           Date collateral was last  APPRDATE...........  D...........
               Valuation or         appraised or valued.
               Appraisal Date.
63..........  Insurance Code/Flag  Code indicating the       INSCODE............  C...........        5
                                    status of insurance
                                    covering collateral for
                                    a note/credit facility.
64..........  Insurance            The date that the         INSEXP.............  D...........
               Expiration Date.     related insurance
                                    policy covering bank
                                    collateral expires.
65..........  Lien Status........  The priority lien held    LIENCODE...........  C...........       10
                                    by this bank (i.e. 1st
                                    lien, 2nd lien).
66..........  Participating        Code indicating the       INVESTOR...........  C...........        5
               Institution Code.    institution
                                    participating in the
                                    credit. If the credit
                                    is sold to multiple
                                    institutions, please
                                    indicate this in your
                                    supporting
                                    documentation.
67..........  Participating        Description of the code   INVDESC............  C...........       50
               Institution          indicating the
               Description.         institution
                                    participating in the
                                    credit. If the credit
                                    is sold to multiple
                                    institutions, please
                                    indicate this in your
                                    supporting
                                    documentation.
68..........  Participation        The current outstanding   PARTSOLD...........  N...........       14        2
               Amount.              dollar amount of the
                                    loan sold to or
                                    purchased from another
                                    institution.
69..........  Participation Code.  A code indicating that    PARTTYPE...........  C...........        5
                                    the loan/credit
                                    facility involves a
                                    participation purchased
                                    or sold. Please
                                    identify the purchased
                                    and sold codes.
70..........  Participation Code   Description of the code   PARTDESC...........  C...........       15
               Description.         indicating that the
                                    loan/credit facility
                                    involves a
                                    participation purchased
                                    or sold.
71..........  Participation Sold   The original amount of    PARTORG............  N...........       14        2
               Original Amount.     the loan participation
                                    sold or purchased.
72..........  Rebate Flag........  Flag indicating there is  REBATE.............  C...........        1
                                    any kind of rebate                            Y/N.........
                                    associated with the
                                    account. (i.e.
                                    insurance, interest
                                    etc.).
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[FR Doc. 99-14641 Filed 6-9-99; 8:45 am]
BILLING CODE 6714-01-P