[Federal Register Volume 86, Number 128 (Thursday, July 8, 2021)]
[Notices]
[Pages 36137-36141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14502]


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FEDERAL DEPOSIT INSURANCE CORPORATION

[OMB No. 3064-0109;-00124;-0162;-0179; -0196]


Agency Information Collection Activities: Proposed Collection 
Renewal; Comment Request

AGENCY: Federal Deposit Insurance Corporation (FDIC).

[[Page 36138]]


ACTION: Notice and request for comment.

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SUMMARY: The FDIC, as part of its obligations under the Paperwork 
Reduction Act of 1995 (PRA), invites the general public and other 
Federal agencies to take this opportunity to comment on the renewal of 
the existing information collections described below (OMB Control No. 
3064-0109;-0124;-0137;-0162; and-0196).

DATES: Comments must be submitted on or before September 7, 2021.

ADDRESSES: Interested parties are invited to submit written comments to 
the FDIC by any of the following methods:
     Agency Website: https://www.FDIC.gov/regulations/laws/federal.
     Email: [email protected]. Include the name and number of 
the collection in the subject line of the message.
     Mail: Manny Cabeza (202-898-3767), Regulatory Counsel, MB-
3128, 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 17th Street building (located on F Street), 
on business days between 7:00 a.m. and 5:00 p.m.
    All comments should refer to the relevant OMB control number. A 
copy of the comments may also be submitted to the OMB desk officer for 
the FDIC: Office of Information and Regulatory Affairs, Office of 
Management and Budget, New Executive Office Building, Washington, DC 
20503.

FOR FURTHER INFORMATION CONTACT: Manny Cabeza, Regulatory Counsel, 202-
898-3767, [email protected], MB-3128, Federal Deposit Insurance 
Corporation, 550 17th Street NW, Washington, DC 20429.

SUPPLEMENTARY INFORMATION:
    Proposal to renew the following currently approved collections of 
information:
    1. Title: Notice of Branch Closure.
    OMB Number: 3064-0109.
    Form Number: None.
    Affected Public: FDIC-insured depository institutions.
    Burden Estimate:

                                                                Summary of Annual Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                      Estimated                           Estimated time     Estimated
Information collection  description      Type of burden         Obligation to         number of      Estimated average     per response    annual burden
                                                                   respond           respondents   frequency of response      (hours)         (hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notice of Branch Closure...........  Reporting............  Mandatory............             178  4.388................               2           1,562
Adoption of Branch Closure Policy..  Recordkeeping........  Mandatory............              22  On Occasion..........               8             176
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Burden: 1,738 hours.
    General Description of Collection: Section 42 of the Federal 
Deposit Insurance Act mandates that an insured depository institution 
closing a branch notify its primary federal regulator not later than 90 
days prior to the closing. The statute also provides that a notice be 
posted on the premises of the branch for the 30-day period immediately 
prior to the closing and that the customers be notified in a mailing at 
least 90 days prior to the closing. Each insured depository institution 
that has one or more branches is required to adopt a written policy for 
branch closings.
    2. Title: Notification of Changes of Insured Status.
    OMB Number: 3064-0124.
    Form Number: None.
    Affected Public: Insured depository institutions.
    Burden Estimate:

                                                                Summary of Annual Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                      Estimated                           Estimated time     Estimated
Information collection  description      Type of burden         Obligation to         number of      Estimated average     per response    annual burden
                                                                   respond           respondents   frequency of response      (hours)         (hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notification of Change in Insured    Disclosure...........  Mandatory............               8  On Occasion..........               2              16
 Status.
Certification......................  Reporting............  Mandatory............             240  On Occasion..........               1             240
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    Total Estimated Annual Burden: 256 hours.
    General Description of Collection: This information collection 
consists of two parts: (1) A certification that insured depository 
institutions provide the FDIC when all deposit liabilities from one 
insured depository institution are assumed from another insured 
depository institution, with the latter institution responsible for 
providing the certification, and (2) a notification that an insured 
depository institution provides to its depositors when it seeks to 
voluntarily terminate its insured status. The certification is 
necessary to implement the provisions of section 8(q) of the Federal 
Deposit Insurance Act, 12 U.S.C. 1818(q), regarding termination of the 
insured status of the transferring institution and termination of the 
separate deposit insurance coverage provided on deposit accounts 
assumed by the assuming institution. The depositor notification is 
required by section 8(a)(6) of the Federal Deposit Insurance Act, 12 
U.S.C. 1818(a)(6). This provision ensures that the institution's 
depositors receive appropriate information regarding the institution's 
intent to terminate its insured status and that, prior to the 
termination of the institution's insured status, depositors receive 
appropriate information concerning federal deposit insurance coverage 
of their accounts once the institution's insured status is terminated.
    3. Title: Large-Bank Deposit Insurance Programs.
    OMB Number: 3064-0162.
    Form Number: None.
    Affected Public: Insured depository institutions having at least $2 
billion in deposits and at least either: (a) 250,000 Deposit accounts; 
or (b) $20 billion in total assets, regardless of the number of deposit 
accounts (a ``covered institution'').

[[Page 36139]]

    Burden Estimate:

                                                                Summary of Annual Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          Estimated       Estimated                                        Total annual
                                   Type of burden     Obligation to       number of     frequency of   Estimated time     Frequency of       estimated
                                                         respond         respondents      responses     per response        response          burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Implementation
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Posting and removing             Recordkeeping....  Mandatory........               7               1             150  One time.........           1,050
 provisional holds--360.9(c)(1)
 and (2).
Providing standard data format   Recordkeeping....  Mandatory........               7               1             110  One time.........             770
 for deposit account and
 customer information--
 360.9(d)(1).
Notification of identity of      Reporting........  Mandatory........               7               1               8  One time.........              56
 person responsible for
 producing standard data
 downloads--360.9(c)(3).
Request for exemption from       Reporting........  Voluntary........               1               1              20  On occasion......              20
 provisional hold requirements--
 360.9(c)(9).
Provide deposit account and      Reporting........  Mandatory........               7               1              40  On occasion......             280
 customer information in
 required standard format--
 360.9(d)(3).
Request for extension of         Reporting........  Voluntary........               1               1              20  On occasion......              20
 compliance deadline--
 360.9(e)(7).
Request for exemption--360.9(f)  Reporting........  Voluntary........               1               1              20  On occasion......              20
                                                                      ------------------------------------------------                   ---------------
    Total Implementation Burden  .................  .................  ..............  ..............  ..............  .................           2,216
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         Ongoing
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notification of identity of      Reporting........  Mandatory........             126               1               8  One time.........           1,008
 person responsible for
 producing standard data
 downloads--360.9(c)(3).
Request for exemption from       Reporting........  Voluntary........               1               1              20  On occasion......              20
 provisional hold requirements--
 360.9(c)(9).
Request for exemption--360.9(f)  Reporting........  Voluntary........               1               1              20  On occasion......              20
Test compliance with 360.9 (c)-- Reporting........  Mandatory........              40               1              80  On occasion......           3,200
 (d) pursuant to 360.9(h).
                                                                      ------------------------------------------------                   ---------------
    Total Ongoing Burden.......  .................  .................  ..............  ..............  ..............  .................           4,248
                                                                      ------------------------------------------------                   ---------------
        Total Estimated Annual   .................  .................  ..............  ..............  ..............  .................           6,464
         Burden.
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    General Description of Collection: Upon the failure of an FDIC-
insured depository institution, the FDIC is required to pay insured 
deposits as soon as possible. To do so, the FDIC must be able to 
quickly determine the total insured amount for each depositor. To make 
this determination, the FDIC must ascertain the balances of all deposit 
accounts owned by the same depositor in the same ownership capacity at 
a failed institution as of the day of failure. The FDIC issued a 
regulation (12 CFR 360.9) (Section 360.9) to modernize the process of 
determining the insurance status of each depositor in the event of 
failure of a covered institution. The FDIC requires institutions that 
are covered under Section 360.9 to have mechanisms in place that will 
automatically place a provisional hold on domestic and foreign deposit 
accounts, and sweep and automated credit account arrangements, in the 
event that a covered institution is close to failing. A ``provisional 
hold'' is defined in 12 CFR Section 360.9(b)(6) as ``an effective 
restriction on access to some or all of a deposit or other liability 
account after the failure of an insured depository institution.'' 
Section 360.9 also requires institutions to have in place practices and 
procedures for providing the FDIC, in a standard format upon the close 
of any day's business, certain data on the accounts and customers of 
the institution, and to provide the FDIC with this information upon 
request. The purpose of these requirements is to allow the deposit and 
other operations of a covered institution to continue functioning on 
the day following failure, and to permit the FDIC to fulfill its legal 
requirement to promptly provide liquidity to depositors of a failed 
institution. This information also helps to ensure equitable treatment 
of depositors at different institutions, and helps to preserve the 
franchise value of a failed institution, thereby reducing costs to the 
FDIC in the event that a covered institution fails.
    FDIC-insured depository institutions (IDIs) that are covered by 
Section 360.9 are defined in Section 360.9(b)(1) as having at least $2 
billion in deposits and either (1) 250,000 or more deposit accounts, or 
(2) $20 billion or more in assets, regardless of the number of deposit 
accounts. IDIs that meet this criteria for two consecutive quarters 
qualify as covered institutions.
    This information collection consists of eight distinct reporting 
and recordkeeping requirements (ICs) that impose annual burden on 
covered institutions. Three of these eight reporting requirements have 
an implementation component as well as an ongoing component: (1) 
Section 360.9(c)(3) (IC requirements C and H, below) requires covered 
institutions to provide certain information to the FDIC both while the 
institution is implementing the systems required under 360.9 (IC 
requirement C) and on an ongoing basis (IC requirement H); (2.) Section 
360.9(c)(9) (IC requirements D and I, below) permits institutions to 
request an exemption from certain requirements of Section 360.9. 
Institutions could submit such requests either while they are 
implementing the systems required under Section 360.9 (IC requirement 
D) or after they are already in compliance with Section 360.9 (IC 
requirement I); (3.) Section 360.9(f) (IC requirements G and J, below) 
permits institutions to request an exemption from all of the 
requirements of Section 360.9 under certain conditions. Institutions 
could submit such requests either while they are

[[Page 36140]]

implementing the systems required under Section 360.9 (IC requirement 
G) or after they are already in compliance with Section 360.9 (IC 
requirement J). Since reporting by institutions pursuant to Sections 
360.9(c)(3), 360.9(c)(9), and 360.9(f) are counted as both 
implementation and ongoing requirements, this IC contains eleven \1\ 
requirements in total. These requirements, with corresponding CFR 
sections, are listed and described as follows:
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    \1\ 8 distinct requirements, plus 3 requirements that are 
counted as both implementation and ongoing requirements, brings the 
total number of requirements for this IC to 11.
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    A. 360.9(c)(1) and (2) (Implementation)--Require covered 
institutions to set up systems for automatically placing provisional 
holds on domestic and foreign deposit accounts and sweep and automated 
credit account arrangements
    B. 360.9(d)(1) and (2) (Implementation)--Require covered 
institutions to establish practices and procedures for providing the 
FDIC, in a standard format upon the close of any day's business, 
customer and depositor data for all deposit accounts held in domestic 
and foreign offices and interest bearing investment accounts connected 
with sweep and automated credit arrangements
    C. 360.9(c)(3) (Implementation)--Requires covered institutions to 
notify the FDIC of the person(s) responsible for producing the standard 
data download and administering provisional holds, both while the 
functionality is being constructed and on an ongoing basis (IC 
requirement H)
    D. 360.9(c)(9) (Implementation)--Permits covered institutions to 
submit to the FDIC a request for an exemption from the provisional hold 
requirements for those account systems servicing a relatively small 
number of accounts where the application of manual provisional holds is 
feasible, both while the systems are being constructed and on an 
ongoing basis (IC requirement I)
    E. 360.9(d)(3) (Implementation)--Requires covered institutions to 
submit the data required by 360.9(d)(1) to the FDIC upon request both 
while the systems are being constructed and on an ongoing basis (IC 
requirement K)
    F. 360.9(e)(7) (Implementation)--Permits covered institutions to 
submit to the FDIC a request for an extension of the deadline for 
complying with the requirements of Section 360.9
    G. 360.9(f) (Implementation)--Permits covered institutions to apply 
for an exemption from the requirements of Section 360.9, if the 
institution has a high concentration of deposits incidental to credit 
card operations, both during the implementation period in the first 
year and on an ongoing basis (IC requirement J)
    H. 360.9(c)(3) (Ongoing)--Requires covered institutions to provide 
the information described in IC requirement C above to the FDIC on an 
ongoing basis
    I. 360.9(c)(9) (Ongoing)--Permits covered institutions to request 
an exemption from the provisional hold requirements, as described in IC 
requirement D above, both while the systems are being constructed and 
on an ongoing basis
    J. 360.9(f) (Ongoing)--Permits covered institutions to apply for an 
exemption from the requirements of Section 360.9, as described in IC 
requirement G above, at any time after the institution is in compliance 
with the requirements of Section 360.9 if the institution has a high 
concentration of deposits incidental to credit card operations
    K. 360.9(h) (Ongoing)--Requires covered institutions to provide 
appropriate assistance to the FDIC in its testing of the systems 
required under Section 360.9
    4. Title: Assessment Rate Adjustment Guidelines for Large and 
Highly Complex Institutions.
    OMB Number: 3064-0179.
    Form Number: None.
    Affected Public: Large and highly complex depository institutions.
    Burden Estimate:

                                                                Summary of Annual Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    Estimated                            Estimated time     Estimated
      Information collection            Type of burden         Obligation to        number of      Estimated frequency    per response    annual burden
            description                                           respond          respondents        of responses          (hours)          (hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Assessment Rate Adjustment          Reporting............  Mandatory...........               2   On Occasion.........              80              160
 Guidelines for Large and Highly
 Complex Institutions.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Burden: 160 hours.
    General Description of Collection: The FDIC's deposit insurance 
assessment authority is set forth in Section 7 of the Federal Deposit 
Insurance Act, 12 U.S.C. 1817(b) and (c) and promulgated in regulations 
under 12 CFR part 327. These regulations also set out the process for 
making adjustments to the total score of these institutions used by the 
FDIC in making deposit insurance assessments. Depository institutions 
are permitted to make a written request to the FDIC for an assessment 
adjustment. An institution is able to request review of, or appeal, an 
upward adjustment, the magnitude of an upward adjustment, removal of a 
previously implemented downward adjustment or an increase in a 
previously implemented upward adjustment through the FDIC's internal 
review process set forth at 12 CFR 327.4(c). An institution can 
similarly request review of or appeal a decision not to apply an 
adjustment following a request by the institution for an adjustment.
    An institution can submit its written request for an adjustment to 
the FDIC's Director of the Division of Insurance and Research in 
Washington, DC. In making such a request, the institution will provide 
support by including evidence of a material risk or risk-mitigating 
factor that it believes was not adequately considered.
    5. Title: Regulatory Capital Rules: Regulatory Capital, Revisions 
to the Supplementary Leverage Ratio.
    OMB Number: 3064-0196.
    Form Number: None.
    Affected Public: Insured state nonmember banks and state savings 
associations that are subject to the FDIC's advanced approaches risk-
based capital rules.
    Burden Estimate:

[[Page 36141]]



                                                                Summary of Annual Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    Estimated                            Estimated time     Estimated
Information collection description      Type of burden         Obligation to        number of      Estimated frequency    per response    annual burden
                                                                  respond          respondents        of responses           hours            hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
Disclosure Requirements Associated  Disclosure...........  Mandatory...........               5   Quarterly...........               5              100
 with Supplementary Leverage Ratio
 (12 CFR 324.172 and 173).
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    Total Estimated Annual Burden: 100 hours.
    General Description of Collection: The supplementary leverage ratio 
regulations strengthen the definition of total leverage exposure and 
improve the measure of a banking organization's on and off-balance 
sheet exposures. All banking organizations that are subject to the 
advanced approaches risk-based capital rules are required to disclose 
their supplementary leverage ratios. Advanced approaches banking 
organizations must report their supplementary leverage ratios on the 
applicable regulatory reports. The calculation and disclosure 
requirements for the supplementary leverage ratio in the federal 
banking agencies' regulatory capital rules are generally consistent 
with international standards published by the Basel Committee on 
Banking Supervision. These disclosures enhance the transparency and 
consistency of reporting requirements for the supplementary leverage 
ratio by all internationally active organizations.
    Request for Comment: Comments are invited on: (a) Whether the 
collection of 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, including the validity of the methodology and 
assumptions used; (c) ways to enhance the quality, utility, and clarity 
of the information to be collected; and (d) ways to minimize the burden 
of the collection of information on respondents, including through the 
use of automated collection techniques or other forms of information 
technology. All comments will become a matter of public record.

Federal Deposit Insurance Corporation.

    Dated at Washington, DC, on July 1, 2021.
Debra A. Decker,
Deputy Executive Secretary.
[FR Doc. 2021-14502 Filed 7-7-21; 8:45 am]
BILLING CODE 6714-01-P