[Federal Register Volume 75, Number 216 (Tuesday, November 9, 2010)]
[Notices]
[Pages 68856-68860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28208]


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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

AGENCY: 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 (PRA) 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

[[Page 68857]]

displays a currently valid Office of Management and Budget (OMB) 
control number. On September 3, 2010, the agencies, under the auspices 
of the Federal Financial Institutions Examination Council (FFIEC), 
requested public comment for 60 days on a proposal to revise 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. No comments were received on the 
proposal. The FFIEC and the agencies will implement the revisions to 
the reports as proposed.

DATES: Comments must be submitted on or before December 9, 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, 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: 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,

[[Page 68858]]

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 H. 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: Cynthia Ayouch, Acting 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 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: 1,494 national banks.
    Estimated Time per Response: 50.15 burden hours.
    Estimated Total Annual Burden: 299,696 burden hours.

Board

    OMB Number: 7100-0036.
    Estimated Number of Respondents: 841 State member banks.
    Estimated Time per Response: 55.54 burden hours.
    Estimated Total Annual Burden: 186,837 burden hours.

FDIC

    OMB Number: 3064-0052.
    Estimated Number of Respondents: 4,800 insured State nonmember 
banks.
    Estimated Time per Response: 40.18 burden hours.
    Estimated Total Annual Burden: 771,456 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 and without 
considering proposed revisions to the Call Report that the OCC, the 
Board, and the FDIC have separately proposed to implement in March 
2011.\1\
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    \1\ 75 FR 60497 (September 30, 2010).
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    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: 753 savings associations.
    Estimated Time per Response: 37.5 burden hours.
    Estimated Total Annual Burden: 179,676 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 002-25.07 hours; FFIEC 002S-6 
hours.
    Estimated Total Annual Burden: FFIEC 002-24,067 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 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

[[Page 68859]]

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

    The agencies are proposing to add two items to the schedules in the 
Call Report, the TFR, and the FFIEC 002 for collecting data related to 
deposit insurance assessments and to revise the instructions for an 
existing item in these schedules effective December 31, 2010. These 
changes respond to amendments made to the Federal Deposit Insurance Act 
(FDI Act) by Section 343 of the Dodd-Frank Wall Street Reform and 
Consumer Protection Act (Dodd-Frank Act) (Pub. L. 111-203, July 21, 
2010) pertaining to the insurance of transaction accounts.
    In October 2008, the FDIC Board of Directors adopted the 
Transaction Account Guarantee (TAG) program as one of two components of 
a Temporary Liquidity Guarantee Program (TLGP).\2\ Under the TAG 
program the FDIC guarantees all funds held at participating insured 
depository institutions (beyond the maximum deposit insurance limit) in 
qualifying noninterest-bearing transaction accounts, which include 
certain interest-bearing NOW accounts. Originally set to expire on 
December 31, 2009, the TAG program has since been extended, with 
certain modifications, through December 31, 2010, with the possibility 
of an additional 12-month extension, through December 31, 2011.\3\
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    \2\ To administer the TLGP, the FDIC Board approved an interim 
rule on October 23, 2008, an amendment to the interim rule on 
November 4, 2008, and a final rule on November 21, 2008. See 73 FR 
64179 (October 29, 2008), 73 FR 66160 (November 7, 2008), and 73 FR 
72244 (November 26, 2008), respectively.
    \3\ See 74 FR 45093 (September 1, 2009), 75 FR 20257 (April 19, 
2010), and 75 FR 36506 (June 28, 2010).
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    Section 343 of the Dodd-Frank Act amends the FDI Act with respect 
to the insurance coverage of noninterest-bearing transaction accounts. 
These amendments take effect December 31, 2010, and require the FDIC to 
``fully insure the net amount that any depositor at an insured 
depository institution maintains in a noninterest-bearing transaction 
account,'' thereby in effect replacing the FDIC's TAG program. Section 
343 includes a definition of ``noninterest-bearing transaction 
account'' that differs from the definition of this term in the FDIC's 
TAG program regulations.\4\ In addition, the unlimited insurance 
coverage of these accounts applies to all insured depository 
institutions, not just those institutions that elected to obtain 
insurance coverage for noninterest-bearing transaction accounts through 
the FDIC's TAG program. Under Section 343, the unlimited insurance 
coverage of noninterest-bearing transaction accounts would be in effect 
through December 31, 2012.
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    \4\ As defined in Section 343, a ``noninterest-bearing 
transaction account'' is an account ``(I) with respect to which 
interest is neither accrued nor paid; (II) on which the depositor or 
account holder is permitted to make withdrawals by negotiable or 
transferable instrument, payment orders of withdrawal, telephone or 
other electronic media transfers, or other similar items for the 
purpose of making payments or transfers to third parties or others; 
and (III) on which the insured depository institution does not 
reserve the right to require advance notice of an intended 
withdrawal.'' In contrast, under the FDIC's TAG program, the term 
``noninterest-bearing transaction account'' includes not only those 
accounts within the scope of Section 343 but also accounts commonly 
known as Interest on Lawyers Trust Accounts (or functionally 
equivalent accounts) and negotiable order of withdrawal accounts 
with interest rates no higher than 0.25 percent for which the 
institution at which the account is held has committed to maintain 
the interest rate at or below 0.25 percent.
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    As a result of this statutory change in deposit insurance coverage 
for noninterest-bearing transaction accounts, the agencies requested 
comment on September 3, 2010 on a proposal to add two items to the 
schedules in the Call Report, the TFR, and the FFIEC 002 in which data 
are collected for deposit insurance assessment purposes (Schedule RC-O, 
Schedule DI, and Schedule O, respectively) effective December 31, 
2010.\5\ As of that report date, all insured depository institutions, 
including those institutions that had not elected to participate in the 
FDIC's TAG program, would begin to report the quarter-end amount and 
number of noninterest-bearing transaction accounts (as defined in the 
Dodd-Frank Act, not as defined in the FDIC's TAG program regulations) 
of more than $250,000. These data are needed in order for the FDIC to 
estimate the quarter-end amount of insured deposits for reserve ratio 
calculation purposes \6\ and to determine the appropriate level of the 
Deposit Insurance Fund's contingent loss reserve for anticipated 
failures of insured depository institutions. Unless the unlimited 
insurance coverage of noninterest-bearing transaction accounts under 
Section 343 of the Dodd-Frank Act is extended, the two proposed new 
items would be collected only through the December 31, 2012, report 
date.
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    \5\ 75 FR 54227 (September 3, 2010).
    \6\ The Deposit Insurance Fund's reserve ratio is the fund's 
balance divided by estimated insured deposits.
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    Institutions participating in the FDIC's TAG program should note 
that, for purposes of determining their TAG program assessments for the 
fourth calendar quarter of 2010 (which will be payable on March 30, 
2011), they must complete the existing TAG program data items--Call 
Report Schedule RC-O, Memorandum items 4.a and 4.b; TFR Schedule DI, 
items DI570 and DI575; or FFIEC 002 Schedule O, Memorandum items 4.a 
and 4.b, as appropriate--for the final time in their December 31, 2010, 
reports. These items capture the average daily amount and average daily 
number for the quarter of qualifying noninterest-bearing transaction 
accounts of more than $250,000 as defined in the FDIC's TAG program 
regulations.
    As a result of the unlimited insurance coverage for noninterest-
bearing transaction accounts effective December 31, 2010, the agencies 
also requested comment on September 3, 2010, on a proposed revision of 
the instructions for reporting estimated uninsured deposits in Call 
Report Schedule RC-O, Memorandum item 2; TFR Schedule DI, item DI210; 
and FFIEC 002 Schedule O, Memorandum item 2.\7\ These items are 
required to be completed by institutions with $1 billion or more in 
total assets. At present, balances in TAG program qualifying 
noninterest-bearing transaction accounts of more than $250,000 are 
treated as uninsured deposits for purposes of reporting estimated 
uninsured deposits because the TAG program was instituted as a 
component of the TLGP, which resulted from a systemic risk 
determination. Thus, TAG program insurance coverage and assessments are 
separate from the regular deposit insurance program administered by the 
FDIC. Under the Dodd-Frank Act, the extension of unlimited insurance 
coverage to noninterest-bearing transaction accounts at all insured 
depository institutions falls within the FDIC's regular deposit 
insurance program. Therefore, in response to this statutory change in 
insurance coverage, the instructions for reporting estimated uninsured 
deposits in the Call Report, TFR, and FFIEC 002 items identified above 
would be revised to indicate that balances of more than

[[Page 68860]]

$250,000 in noninterest-bearing transaction accounts (as defined in the 
Dodd-Frank Act) should be treated as insured, rather than uninsured, 
deposits. Unless the unlimited insurance coverage of noninterest-
bearing transaction accounts under Section 343 of the Dodd-Frank Act is 
extended, this instructional revision would be in effect only through 
the December 31, 2012, report date.
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    \7\ 75 FR 54227 (September 3, 2010).
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    The agencies received no comments on their proposal to collect the 
quarter-end amount and number of noninterest-bearing transaction 
accounts (as defined in the Dodd-Frank Act) of more than $250,000 and 
to revise the instructions for reporting estimated uninsured deposits 
in the Call Report, the TFR, and the FFIEC 002 effective December 31, 
2010. Accordingly, the agencies will implement these revisions as 
proposed, subject to OMB approval.

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: November 3, 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, November 3, 
2010.
Jennifer J. Johnson,
Secretary of the Board.
    Dated at Washington, DC, on November 3, 2010.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
    Dated: November 3, 2010.
Ira L. Mills,
Paperwork Clearance Officer, Office of Chief Counsel, Office of Thrift 
Supervision.
[FR Doc. 2010-28208 Filed 11-8-10; 8:45 am]
BILLING CODE 4810-33-P; 6210-01-P; 6714-01-P; 6720-01-P