[Federal Register Volume 74, Number 62 (Thursday, April 2, 2009)]
[Notices]
[Pages 14985-14988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7361]


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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency

FEDERAL RESERVE SYSTEM

FEDERAL DEPOSIT INSURANCE CORPORATION

DEPARTMENT OF THE TREASURY

Office of Thrift Supervision


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

AGENCIES: Office of the Comptroller of the Currency (OCC), Treasury; 
Board of Governors of the Federal Reserve System (Board); Federal 
Deposit Insurance Corporation (FDIC); and Office of Thrift Supervision 
(OTS), Treasury.

ACTION: Notice of information collection to be submitted to OMB for 
review and approval under the Paperwork Reduction Act of 1995.

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SUMMARY: In accordance with the requirements of the Paperwork Reduction 
Act of 1995 (44 U.S.C. chapter 35), the OCC, the Board, the FDIC, and 
the OTS (the ``agencies'') may not conduct or sponsor, and the 
respondent is not required to respond to, an information collection 
unless it displays a currently valid Office of Management and Budget 
(OMB) control number. On December 23, 2008, the agencies, under the 
auspices of the Federal Financial Institutions Examination Council 
(FFIEC), requested public comment for 60 days on a proposal to extend, 
with revision, the Consolidated Reports of Condition and Income (Call 
Report) for banks, the Thrift Financial Report (TFR) for savings 
associations, the Report of Assets and Liabilities of U.S. Branches and 
Agencies of Foreign Banks (FFIEC 002), and the Report of Assets and 
Liabilities of a Non-U.S. Branch that is Managed or Controlled by a 
U.S. Branch or Agency of a Foreign (Non-U.S.) Bank (FFIEC 002S), all of 
which are currently approved collections of information. The one 
comment received on this proposal supported the proposed revision, 
which the FFIEC and the agencies will implement as proposed.
    In addition, on September 23, 2008, the OCC, the Board, and the 
FDIC requested public comment for 60 days on proposed revisions to the 
Call Report. On October 1, 2008, the OTS requested public comment for 
60 days on proposed revisions to the TFR. In response to these 
requests, the agencies received certain comments recommending the 
collection of additional deposit data related to deposit insurance 
assessments. After considering these comments and the outcome of an 
FDIC rulemaking on assessments, the FFIEC and the agencies will add an 
item to the Call Report and TFR schedules used to collect data used for 
assessment purposes effective June 30, 2009.

DATES: Comments must be submitted on or before May 4, 2009.

ADDRESSES: Interested parties are invited to submit written comments to 
any or all of the agencies. All comments, which should refer to the OMB 
control number(s), will be shared among the agencies.
    OCC: Communications Division, Office of the Comptroller of the 
Currency, Mailstop 2-3, Attention: 1557-0081, 250 E Street, SW., 
Washington, DC 20219. In addition, comments may be sent by fax to (202) 
874-5274, or by electronic mail to [email protected]. You may 
personally inspect and photocopy comments at the OCC, 250 E Street, 
SW., Washington, DC. For security reasons, the OCC requires that 
visitors make an appointment to inspect comments. You may do so by 
calling (202) 874-4700. Upon arrival, visitors will be required to 
present valid government-issued photo identification and submit to 
security screening in order to inspect and photocopy comments.
    Board: You may submit comments, which should refer to 
``Consolidated Reports of Condition and Income (FFIEC 031 and 041)'' or 
``Report of Assets and Liabilities of U.S. Branches and Agencies of 
Foreign Banks (FFIEC 002) and Report of Assets and Liabilities of a 
Non-U.S. Branch that is Managed or Controlled by a U.S. Branch or 
Agency of a Foreign (Non-U.S.) Bank (FFIEC 002S),'' by any of the 
following methods:
     Agency Web Site: http://www.federalreserve.gov. Follow the 
instructions for submitting comments on the http://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: [email protected]. Include 
reporting form number in the subject line of the message.
     FAX: (202) 452-3819 or (202) 452-3102.
     Mail: Jennifer J. Johnson, Secretary, Board of Governors 
of the Federal Reserve System, 20th Street and Constitution Avenue, 
NW., Washington, DC 20551.

All public comments are available from the Board's Web site at http://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm as submitted, 
unless modified for technical reasons. Accordingly, your comments will 
not be edited to remove any identifying or contact information. Public 
comments may also be viewed electronically or in paper in Room MP-500 
of the Board's Martin Building (20th and C Streets, NW.,) between 9 
a.m. and 5 p.m. on weekdays.
    FDIC: You may submit comments, which should refer to ``Consolidated 
Reports of Condition and Income, 3064-0052,'' by any of the following 
methods:
     Agency Web Site: http://www.fdic.gov/regulations/laws/federal/propose.html. Follow the instructions for submitting comments 
on the FDIC Web site.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: [email protected]. Include ``Consolidated Reports 
of Condition and Income, 3064-0052'' in the subject line of the 
message.
     Mail: Herbert J. Messite, (202) 898-6834, Counsel, Attn: 
Comments, Room F-1052, Federal Deposit Insurance Corporation, 550 17th 
Street, NW., Washington, DC 20429.

[[Page 14986]]

     Hand Delivery: Comments may be hand delivered to the guard 
station at the rear of the 550 17th Street Building (located on F 
Street) on business days between 7 a.m. and 5 p.m.
    Public Inspection: All comments received will be posted without 
change to http://www.fdic.gov/regulations/laws/federal/propose.html 
including any personal information provided. Comments may be inspected 
at the FDIC Public Information Center, Room E-1002, 3501 Fairfax Drive, 
Arlington, VA 22226, between 9 a.m. and 5 p.m. on business days.
    OTS: You may submit comments, identified by ``1550-0023 (TFR: 
Schedule DI Revisions),'' by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail address: [email protected]. 
Please include ``1550-0023 (TFR: Schedule DI Revisions)'' in the 
subject line of the message and include your name and telephone number 
in the message.
     Fax: (202) 906-6518.
     Mail: Information Collection Comments, Chief Counsel's 
Office, Office of Thrift Supervision, 1700 G Street, NW., Washington, 
DC 20552, Attention: ``1550-0023 (TFR: Schedule DI Revisions).''
     Hand Delivery/Courier: Guard's Desk, East Lobby Entrance, 
1700 G Street, NW., from 9 a.m. to 4 p.m. on business days, Attention: 
Information Collection Comments, Chief Counsel's Office, Attention: 
``1550-0023 (TFR: Schedule DI Revisions).''
    Instructions: All submissions received must include the agency name 
and OMB Control Number for this information collection. All comments 
received will be posted without change to the OTS Internet Site at 
http://www.ots.treas.gov/pagehtml.cfm?catNumber=67&an=1, including any 
personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.ots.treas.gov/pagehtml.cfm?catNumber=67&an=1. In addition, you may inspect comments 
at the Public Reading Room, 1700 G Street, NW., by appointment. To make 
an appointment for access, call (202) 906-5922, send an e-mail to 
public.info@ots.treas.gov">public.info@ots.treas.gov, or send a facsimile transmission to (202) 
906-7755. (Prior notice identifying the materials you will be 
requesting will assist us in serving you.) We schedule appointments on 
business days between 10 a.m. and 4 p.m. In most cases, appointments 
will be available the next business day following the date we receive a 
request.
    Additionally, commenters may send a copy of their comments to the 
OMB desk officer for the agencies by mail to the Office of Information 
and Regulatory Affairs, U.S. Office of Management and Budget, New 
Executive Office Building, Room 10235, 725 17th Street, NW., 
Washington, DC 20503, or by fax to (202) 395-6974.

FOR FURTHER INFORMATION CONTACT: For further information about the 
revisions discussed in this notice, please contact any of the agency 
clearance officers whose names appear below. In addition, copies of the 
Call Report, FFIEC 002, and FFIEC 002S forms can be obtained at the 
FFIEC's Web site (http://www.ffiec.gov/ffiec_report_forms.htm). 
Copies of the TFR can be obtained from the OTS's Web site (http://www.ots.treas.gov/main.cfm?catNumber=2&catParent=0).
    OCC: Mary Gottlieb, OCC Clearance Officer, (202) 874-5090, 
Legislative and Regulatory Activities Division, Office of the 
Comptroller of the Currency, 250 E Street, SW., Washington, DC 20219.
    Board: Michelle E. Shore, Federal Reserve Board Clearance Officer, 
(202) 452-3829, Division of Research and Statistics, Board of Governors 
of the Federal Reserve System, 20th and C Streets, NW., Washington, DC 
20551. Telecommunications Device for the Deaf (TDD) users may call 
(202) 263-4869.
    FDIC: Herbert J. Messite, Counsel, (202) 898-6834, Legal Division, 
Federal Deposit Insurance Corporation, 550 17th Street, NW., 
Washington, DC 20429.
    OTS: Ira L. Mills, OTS Clearance Officer, at 
[email protected], (202) 906-6531, or facsimile number (202) 906-
6518, Litigation Division, Chief Counsel's Office, Office of Thrift 
Supervision, 1700 G Street, NW., Washington, DC 20552.

SUPPLEMENTARY INFORMATION: The agencies are proposing to revise and 
extend for three years the Call Report, the TFR, the FFIEC 002, and the 
FFIEC 002S, which are currently approved collections of information.
    1. Report Title: Consolidated Reports of Condition and Income (Call 
Report).
    Form Number: Call Report: FFIEC 031 (for banks with domestic and 
foreign offices) and FFIEC 041 (for banks with domestic offices only).
    Frequency of Response: Quarterly.
    Affected Public: Business or other for-profit.
OCC
    OMB Number: 1557-0081.
    Estimated Number of Respondents: 1,620 national banks.
    Estimated Time per Response: 46.83 burden hours.
    Estimated Total Annual Burden: 303,454 burden hours.
Board
    OMB Number: 7100-0036.
    Estimated Number of Respondents: 877 state member banks.
    Estimated Time per Response: 53.38 burden hours.
    Estimated Total Annual Burden: 187,257 burden hours.
FDIC
    OMB Number: 3064-0052.
    Estimated Number of Respondents: 5,110 insured state nonmember 
banks.
    Estimated Time per Response: 37.43 burden hours.
    Estimated Total Annual Burden: 765,069 burden hours.
    The estimated time per response for the Call Report is an average 
that varies by agency because of differences in the composition of the 
institutions under each agency's supervision (e.g., size distribution 
of institutions, types of activities in which they are engaged, and 
existence of foreign offices). The average reporting burden for the 
Call Report is estimated to range from 16 to 650 hours per quarter, 
depending on an individual institution's circumstances.
    2. Report Title: Thrift Financial Report (TFR).
    Form Number: OTS 1313 (for savings associations).
    Frequency of Response: Quarterly; Annually.
    Affected Public: Business or other for-profit.
OTS
    OMB Number: 1550-0023.
    Estimated Number of Respondents: 774 savings associations.
    Estimated Time per Response: 37 burden hours.
    Estimated Total Annual Burden: 186,085 burden hours.
    3. Report Titles: Report of Assets and Liabilities of U.S. Branches 
and Agencies of Foreign Banks; Report of Assets and Liabilities of a 
Non-U.S. Branch that is Managed or Controlled by a U.S. Branch or 
Agency of a Foreign (Non-U.S.) Bank.
    Form Numbers: FFIEC 002; FFIEC 002S.
Board
    OMB Number: 7100-0032.
    Frequency of Response: Quarterly.
    Affected Public: U.S. branches and agencies of foreign banks.
    Estimated Number of Respondents: FFIEC 002-264; FFIEC 002S-65.
    Estimated Time per Response: FFIEC 002--25.02 hours; FFIEC 002S--6 
hours.

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    Estimated Total Annual Burden: FFIEC 002--26,421 hours; FFIEC 
002S--1,560 hours.

General Description of Reports

    These information collections are mandatory: 12 U.S.C. 161 (for 
national banks), 12 U.S.C. 324 (for state member banks), 12 U.S.C. 1817 
(for insured state nonmember commercial and savings banks), 12 U.S.C. 
1464 (for savings associations), and 12 U.S.C. 3105(c)(2), 1817(a), and 
3102(b) (for U.S. branches and agencies of foreign banks). The Call 
Report and, except for selected data items, the TFR and the FFIEC 002 
are not given confidential treatment. The FFIEC 002S is given 
confidential treatment. [5 U.S.C. Sec.  552(b)(4)].

Abstracts

    Call Report and TFR: Institutions submit Call Report and TFR data 
to the agencies each quarter for the agencies' use in monitoring the 
condition, performance, and risk profile of individual institutions and 
the industry as a whole. Call Report and TFR data provide the most 
current statistical data available for evaluating institutions' 
corporate applications, for identifying areas of focus for both on-site 
and off-site examinations, and for monetary and other public policy 
purposes. The agencies use Call Report and TFR data in evaluating 
interstate merger and acquisition applications to determine, as 
required by law, whether the resulting institution would control more 
than ten percent of the total amount of deposits of insured depository 
institutions in the United States. Call Report and TFR data are also 
used to calculate all institutions' deposit insurance and Financing 
Corporation assessments, national banks' semiannual assessment fees, 
and the OTS's assessments on savings associations.
    FFIEC 002 and FFIEC 002S: On a quarterly basis, all U.S. branches 
and agencies of foreign banks are required to file the FFIEC 002, which 
is a detailed report of condition with a variety of supporting 
schedules. This information is used to fulfill the supervisory and 
regulatory requirements of the International Banking Act of 1978. The 
data are also used to augment the bank credit, loan, and deposit 
information needed for monetary policy and other public policy 
purposes. The FFIEC 002S is a supplement to the FFIEC 002 that collects 
information on assets and liabilities of any non-U.S. branch that is 
managed or controlled by a U.S. branch or agency of the foreign bank. 
Managed or controlled means that a majority of the responsibility for 
business decisions, including but not limited to decisions with regard 
to lending or asset management or funding or liability management, or 
the responsibility for recordkeeping in respect of assets or 
liabilities for that foreign branch resides at the U.S. branch or 
agency. A separate FFIEC 002S must be completed for each managed or 
controlled non-U.S. branch. The FFIEC 002S must be filed quarterly 
along with the U.S. branch or agency's FFIEC 002. The data from both 
reports are used for: (1) Monitoring deposit and credit transactions of 
U.S. residents; (2) monitoring the impact of policy changes; (3) 
analyzing structural issues concerning foreign bank activity in U.S. 
markets; (4) understanding flows of banking funds and indebtedness of 
developing countries in connection with data collected by the 
International Monetary Fund and the Bank for International Settlements 
that are used in economic analysis; and (5) assisting in the 
supervision of U.S. offices of foreign banks. The Federal Reserve 
System collects and processes these reports on behalf of the OCC, the 
Board, and the FDIC.

Current Actions

    Section 141 of the Federal Deposit Insurance Corporation 
Improvement Act of 1991 (FDICIA), Public Law No. 102-242 (Dec. 19, 
1991), added Section 13(c)(4)(G) to the Federal Deposit Insurance Act 
(FDI Act), 12 U.S.C. 1823(c)(4)(G). That section authorizes action by 
the federal government in circumstances involving a systemic risk to 
the nation's financial system. On October 13, 2008, in response to the 
unprecedented disruption in credit markets and the resultant effects on 
the abilities of banks to fund themselves and to intermediate credit, 
the Secretary of the Treasury (after consultation with the President) 
made a determination of systemic risk following receipt of the written 
recommendation of the FDIC Board, along with the written recommendation 
of the Federal Reserve Board, in accordance with Section 13(c)(4)(G). 
The systemic risk determination allows the FDIC to take certain actions 
to avoid or mitigate serious adverse effects on economic conditions or 
financial stability. Pursuant to the systemic risk determination, the 
FDIC Board established the Temporary Liquidity Guarantee (TLG) Program.
    To facilitate the FDIC's administration of the TLG Program, the 
FDIC Board approved an interim rule on October 23, 2008,\1\ and (after 
a 15-day comment period that ended on November 13, 2008) a final rule 
on November 21, 2008.\2\ The TLG Program comprises (1) a Debt Guarantee 
Program under which, in general, the FDIC will guarantee certain newly-
issued senior unsecured debt issued by participating entities on or 
after October 14, 2008, through and including June 30, 2009, up to a 
specified limit; and (2) a Transaction Account Guarantee Program under 
which the FDIC will provide a 100 percent guarantee of certain 
noninterest-bearing transaction accounts held by participating insured 
depository institutions through December 31, 2009. The TLG Program 
includes a system of fees to be paid by participating entities for such 
guarantees beginning November 13, 2008.
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    \1\ 73 FR 64179, October 29, 2008. The FDIC amended the interim 
rule effective November 4, 2008. 73 FR 66160, November 7, 2008.
    \2\ 73 FR 72244, November 26, 2008.
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    In order for the FDIC to calculate the fees to be assessed under 
the Transaction Account Guarantee Program, the FDIC needs to collect 
information from participating insured depository institutions on the 
amount and number of noninterest-bearing transaction accounts, as 
defined in the final rule, of more than $250,000. Given the nature of 
these data items, the best method for obtaining this information from 
participating institutions is through the Call Report, the TFR, and the 
FFIEC 002. Accordingly, the agencies submitted an emergency clearance 
request to OMB seeking approval to begin collecting these two data 
items in these reports as of December 31, 2008. OMB approved this 
emergency clearance request on November 26, 2008. OMB's approval of the 
agencies' emergency clearance request expires on May 31, 2009. On 
December 23, 2008, the agencies requested comment under OMB's normal 
clearance procedures on the proposed collection of these two items each 
quarter from institutions participating in the Transaction Account 
Guarantee Program until the program ends (73 FR 78794). These new items 
have been added to the Call Report as Memorandum items 4.a and 4.b of 
Schedule RC-O, to the TFR as items DI570 and DI575 of Schedule DI, and 
to the FFIEC 002 as Memorandum items 6.a and 6.b of Schedule O.\3\
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    \3\ Effective March 31, 2009, these two FFIEC 002 items will be 
renumbered as Memorandum items 4.a and 4.b of Schedule O.
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    The agencies received one comment letter on the proposed new items 
pertaining to the Transaction Account Guarantee Program. This 
commenter, a bankers' organization, supported the addition of these new 
items to the Call Report, the TFR, and the FFIEC 002. The

[[Page 14988]]

agencies will continue to collect these items, for which they received 
emergency approval from OMB, until the Transaction Account Guarantee 
Program ends.
    In addition, on September 23, 2008, the OCC, the Board, and the 
FDIC requested public comment for 60 days on proposed revisions to the 
Call Report for implementation on a phased-in basis during 2009 (73 FR 
54807). On October 1, 2008, the OTS requested public comment for 60 
days on proposed revisions to the TFR that would also take effect on a 
phased-in basis during 2009 (73 FR 57205). In response to these 
requests, the agencies received certain comments recommending the 
collection of additional deposit data related to deposit insurance 
assessments even though the agencies had not proposed to collect these 
additional data in their proposals. More specifically, one bankers' 
organization recommended that the Call Report and the TFR be revised to 
require ``reciprocal deposits'' \4\ to be reported separately from 
brokered deposits. This bankers' organization also commented on the 
reporting of certain sweep accounts from other institutions, including 
affiliated institutions, in the Call Report and the TFR.
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    \4\ The organization also recommended that ``reciprocal 
deposit'' be defined as a deposit ``obtained when an insured 
depository institution exchanges funds, dollar-for-dollar, with 
members of a network of other insured depository institutions, where 
each member of the network sets the interest rate to be paid on the 
entire amount of funds it places with other network members, and all 
funds placed through the network are fully insured by the FDIC.''
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    The impetus for the bankers' organization's comments about the 
reporting of these two types of deposits was a Notice of Proposed 
Rulemaking (NPR) on which the FDIC was simultaneously requesting 
comment concerning amendments to its deposit insurance assessment 
regulations (12 CFR part 327).\5\ In the NPR, the FDIC proposed to 
alter the way in which it differentiates for risk in the risk-based 
assessment system; revise deposit insurance assessment rates, including 
base assessment rates; and make technical and other changes to the 
rules governing the risk-based assessment system. In its comment 
letters to the agencies on the proposed Call Report and TFR revisions, 
the bankers' organization observed that the Call Report and the TFR may 
need to be revised depending on the FDIC's decisions on the treatment 
of these accounts for deposit insurance assessment purposes.
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    \5\ 73 FR 61560, October 16, 2008.
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    The FFIEC and the agencies have monitored the outcome of the FDIC's 
rulemaking for assessments and the need for new Call Report data items 
for reciprocal deposits and certain sweep accounts to support any 
modifications that the FDIC makes in its risk-based assessment system 
in a final rule. In this regard, on February 27, 2009, the FDIC Board 
of Directors adopted a final rule that revised the FDIC's assessment 
regulations effective April 1, 2009. For institutions in Risk Category 
I of the risk-based assessment system, the final rule introduces a new 
financial ratio into the financial ratios method. This method 
determines the assessment rates for most institutions in Risk Category 
I using a combination of weighted Uniform Financial Institutions Rating 
System component ratings and certain financial ratios. The new ratio 
will capture brokered deposits (in excess of 10 percent of domestic 
deposits) that are used to fund rapid asset growth, but it will exclude 
brokered deposits that an institution receives through a deposit 
placement network on a reciprocal basis (reciprocal deposits).
    To enable the FDIC to adjust banks' and savings associations' 
brokered deposits, which are already reported in the Call Report and 
the TFR, for any reciprocal deposits included therein, the agencies 
will add an item to the schedules in these two reports in which data 
are reported for assessment purposes (Schedules RC-O and DI, 
respectively). The definition of reciprocal deposits in the FDIC's 
final rule \6\ would be used for this new item, which would be 
collected in the Call Report and the TFR beginning June 30, 2009. The 
addition of this reciprocal deposits item to the Call Report and the 
TFR is responsive to the previously mentioned comments received from a 
bankers' organization when the agencies requested comments on proposed 
revisions to the Call Report and the TFR for implementation in 2009.
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    \6\ The final rule defines ``reciprocal deposits'' as 
``[d]eposits that an insured depository institution receives through 
a deposit placement network on a reciprocal basis, such that: (1) 
For any deposit received, the institution (as agent for depositors) 
places the same amount with other insured depository institutions 
through the network; and (2) each member of the network sets the 
interest rate to be paid on the entire amount of funds it places 
with other network members.''
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    In its final rule on assessments, the FDIC decided not to adjust 
brokered deposits for balances swept into an insured institution by a 
nondepository institution. Accordingly, the FFIEC and the agencies are 
not revising the Call Report and the TFR to collect data on such sweep 
accounts.

Request for Comment

    Public comment is requested on all aspects of this joint notice. 
Comments are invited on:
    (a) Whether the proposed revisions to the collections of 
information that are the subject of this notice are necessary for the 
proper performance of the agencies' functions, including whether the 
information has practical utility;
    (b) The accuracy of the agencies' estimates of the burden of the 
information collections as they are proposed to be revised, including 
the validity of the methodology and assumptions used;
    (c) Ways to enhance the quality, utility, and clarity of the 
information to be collected;
    (d) Ways to minimize the burden of information collections on 
respondents, including through the use of automated collection 
techniques or other forms of information technology; and
    (e) Estimates of capital or start up costs and costs of operation, 
maintenance, and purchase of services to provide information.
    Comments submitted in response to this joint notice will be shared 
among the agencies. All comments will become a matter of public record.

    Dated: March 20, 2009.
Michele Meyer,
Assistant Director, Legislative and Regulatory Activities Division, 
Office of the Comptroller of the Currency.
    Board of Governors of the Federal Reserve System, March 27, 
2009.
Robert deV. Frierson,
Deputy Secretary of the Board.
    Dated at Washington, DC, this 25th day of March, 2009.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
    Dated: March 24, 2009.
Deborah Dakin,
Senior Deputy Chief Counsel, Regulations and Legislation Division, 
Office of Thrift Supervision.
[FR Doc. E9-7361 Filed 4-1-09; 8:45 am]
BILLING CODE 4810-33-P, 6210-01-P, 6714-01-P, 6720-01-P