[Federal Register Volume 75, Number 147 (Monday, August 2, 2010)]
[Notices]
[Pages 45201-45204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18811]


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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 May 21, 2010, 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. After 
responding to the one comment received on this proposal, which sought 
reporting guidance, the FFIEC and the agencies will implement the 
revision to the reports identified above as proposed.

DATES: Comments must be submitted on or before September 1, 2010.

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: You should direct all written comments to: Communications 
Division, Office of the Comptroller of the Currency, Public Information 
Room, 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 20219. 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 to 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: Gary A. Kuiper, (202) 898-3877, Counsel, Attn: 
Comments, Room F-1072, Federal Deposit Insurance Corporation, 550 17th 
Street, NW., Washington, DC 20429.
     Hand Delivery: Comments may be hand delivered to the guard 
station at the rear of the 550 17th Street Building (located on F 
Street) on business days between 7 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:

[[Page 45202]]

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: Gary A. Kuiper, Counsel, (202) 898-3877, 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, Regulations and Legislation 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: 1,512 national banks.
    Estimated Time per Response: 49.64 burden hours.
    Estimated Total Annual Burden: 300,223 burden hours.

Board

    OMB Number: 7100-0036.
    Estimated Number of Respondents: 843 State member banks.
    Estimated Time per Response: 55.04 burden hours.
    Estimated Total Annual Burden: 185,595 burden hours.

FDIC

    OMB Number: 3064-0052.
    Estimated Number of Respondents: 4,880 insured State nonmember 
banks.
    Estimated Time per Response: 39.68 burden hours.
    Estimated Total Annual Burden: 774,554 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 655 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: 771 savings associations.
    Estimated Time per Response: 37.5 burden hours.
    Estimated Total Annual Burden: 185,158 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--240; FFIEC 002S--60.
    Estimated Time per Response: FFIEC 002--25.05 hours; FFIEC 002S--6 
hours.
    Estimated Total Annual Burden: FFIEC 002--24,048 hours; FFIEC 
002S--1,440 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). Except for 
selected data items, the Call Report, the TFR, and the FFIEC 002 are 
not given confidential treatment. The FFIEC 002S is given confidential 
treatment [5 U.S.C. 552(b)(4)].

Abstracts

    Call Report and TFR: Institutions submit Call Report and TFR data 
to the

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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

    In October 2008, the FDIC Board of Directors adopted the Temporary 
Liquidity Guarantee Program (TLGP) following a determination of 
systemic risk by the Secretary of the Treasury (after consultation with 
the President) that was supported by recommendations from the FDIC and 
the Board. The TLGP is part of an ongoing and coordinated effort by the 
FDIC, the U.S. Department of the Treasury, and the Board to address 
unprecedented disruptions in the financial markets and preserve 
confidence in the American economy.
    To facilitate the FDIC's administration of the TLGP, the FDIC Board 
approved an interim rule on October 23, 2008,\1\ and a final rule on 
November 21, 2008.\2\ The TLGP comprises two distinct components: the 
Debt Guarantee Program (DGP), pursuant to which the FDIC guarantees 
certain senior unsecured debt issued by entities participating in the 
TLGP, and the Transaction Account Guarantee (TAG) program, pursuant to 
which the FDIC guarantees all funds held at participating insured 
depository institutions (beyond the maximum deposit insurance limit) in 
qualifying noninterest-bearing transaction accounts. The November 2008 
final rule included certain qualifying NOW accounts, among other 
accounts, as a type of noninterest-bearing transaction account 
guaranteed by the FDIC pursuant to the TAG program.
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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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    The TAG program originally was set to expire on December 31, 2009. 
The FDIC Board recognized that the TAG program was contributing 
significantly to improvements in the financial sector, and also noted 
that many parts of the country were still suffering from the effects of 
economic turmoil. As a result, on August 26, 2009, following a public 
notice and comment period, the FDIC Board extended the TAG program 
through June 30, 2010, with certain modifications to the program.\3\
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    \3\ 74 FR 45093, September 1, 2009.
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    Since its inception, the TAG program has been an important source 
of stability for many banks with large transaction account balances. In 
the second quarter of 2010, over 6,300 insured depository institutions, 
representing approximately 80 percent of all FDIC-insured institutions, 
were participating in the TAG program and continued to benefit from the 
guarantee provided by the FDIC. These institutions held an estimated 
$356 billion of deposits in accounts currently subject to the FDIC's 
guarantee as of March 31, 2010. Of these, $280 billion represented 
amounts above the insured deposit limit and guaranteed by the FDIC 
through its TAG program.
    To provide additional stability for participating insured 
depository institutions and enhance the likelihood of a continuing and 
sustainable economic recovery in the financial sector, on April 13, 
2010, the FDIC Board adopted an interim rule (with a request for 
comment) extending the TAG program for six months through December 31, 
2010, with the possibility of an additional 12-month extension, through 
December 31, 2011, without further rulemaking upon a determination by 
the FDIC Board that continuing economic difficulties warrant such an 
extension.\4\ Although the April 2010 interim rule proposed no increase 
in fees for continued participation in the TAG program, it modified the 
basis upon which a participating institution's assessment would be 
calculated to reflect a change from quarter-end reporting to average 
daily balance reporting for TAG-related accounts beginning with the 
third quarter of 2010. In addition, in order to align NOW accounts 
covered by the TAG program with current market rates and to ensure that 
the program is not used inappropriately by institutions to attract 
interest-rate-sensitive deposits to fund risky activities, the April 
2010 interim rule reduced the interest rate on NOW accounts eligible 
for the FDIC's guarantee from a maximum of 0.50 percent to a maximum of 
0.25 percent. Because the April 2010 interim rule modified the existing 
regulatory requirements placed on institutions participating in the TAG 
program, the rule provided an irrevocable, one-time opportunity for 
participating institutions to opt out of the extended TAG program.
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    \4\ 75 FR 20257, April 19, 2010.
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    Following the public comment period for the April 2010 interim rule 
extending the TAG program, the FDIC Board adopted a final rule 
addressing the program on June 22, 2010, that is almost identical to 
the interim rule.\5\ The June 2010 final rule made one modification to 
the April 2010 interim rule that does not affect the proposed

[[Page 45204]]

regulatory reporting revision that is the subject of this notice.
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    \5\ 75 FR 36506, June 28, 2010.
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    At present, institutions participating in the TAG program report 
the amount and number of qualifying noninterest-bearing transaction 
accounts of more than $250,000 as of the quarter-end report date in 
Call Report Schedule RC-O, Memorandum items 4.a and 4.b; TFR Schedule 
DI, items DI570 and DI575; and FFIEC 002 Schedule O, Memorandum items 
4.a and 4.b. By the very nature of these transaction accounts, the 
account balances are volatile, fluctuating greatly on any given day due 
to the operational nature of the deposits, such as for payrolls, and 
withdrawals made by typical business customers. Therefore, in response 
to the modification of the basis upon which a participating 
institution's assessment is calculated from quarter-end reporting to 
average daily balance reporting for TAG program-related accounts that 
is contained in the FDIC's April 2010 interim rule, the agencies 
requested comment on May 21, 2010, on a proposal to change the basis 
for reporting in the items identified above.\6\ More specifically, the 
agencies proposed that the total dollar amount of TAG program-
qualifying accounts and the total number of such accounts would be 
reported as an average daily balance rather than as a quarter-end 
amount beginning with the September 30, 2010, report date for the Call 
Report, the TFR, and the FFIEC 002. The amounts to be reported as daily 
averages would be the total dollar amount of the noninterest-bearing 
transactions accounts, as defined in the April 2010 interim rule and 
the June 2010 final rule, of more than $250,000 for each calendar day 
during the quarter divided by the number of calendar days in the 
quarter. For days that an office of the reporting institution is closed 
(e.g., Saturdays, Sundays, or holidays), the amounts outstanding from 
the previous business day would be used. The total number of accounts 
to be reported would be calculated on the same basis. Thus, all insured 
depository institutions that do not opt out of the extension of the TAG 
program will need to ensure that their reporting procedures will enable 
them to gather the necessary daily data each quarter. For example, in 
the Call Report, TFR, and FFIEC 002 for September 30, 2010, the daily 
data will cover the period from July 1 through September 30, 2010.
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    \6\ 75 FR 28612, May 21, 2010.
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    The agencies received one comment on the proposed revision of the 
TAG program reporting requirements. The commenter, a bank consultant, 
sought information concerning the calculation of TAG program average 
daily balances and was directed to the guidance on this subject, 
including an example, that had been posted on the FDIC's Web site.\7\
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    \7\ This guidance and example can be accessed at http://www.fdic.gov/regulations/resources/TLGP/tagp-programReportingGuidance.pdf.
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    The agencies also note that Section 343 of the Dodd-Frank Wall 
Street Reform and Consumer Protection Act (Pub. L. 111-203, July 21, 
2010) contains provisions amending the Federal Deposit Insurance Act 
with respect to the insurance coverage of noninterest-bearing 
transaction accounts. These provisions take effect December 31, 2010, 
and will affect the FDIC's TAG program. Should there be a need to 
further revise the TAG program-related data collected in the Call 
Report, the TFR, and the FFIEC 002 as a result of the recently enacted 
legislation and any subsequent rulemaking by the FDIC, the agencies 
will implement these revisions in accordance with the requirements of 
the Paperwork Reduction Act of 1995.

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: July 26, 2010.
Michele Meyer,
Assistant Director, Legislative and Regulatory Activities Division, 
Office of the Comptroller of the Currency.

    Board of Governors of the Federal Reserve System, July 26, 2010.

Jennifer J. Johnson,
Secretary of the Board.
    Dated at Washington, DC, on July 27, 2010.
Robert E. Feldman,
Executive Secretary, Federal Deposit Insurance Corporation.
    Dated: July 27, 2010.
Ira L. Mills,
Paperwork Clearance Officer, Office of Chief Counsel, Office of Thrift 
Supervision.
[FR Doc. 2010-18811 Filed 7-30-10; 8:45 am]
BILLING CODE 4810-33-P; 6210-01-P; 6714-01-P; 6720-01-P