[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Notices]
[Pages 62812-62816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24648]


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FEDERAL DEPOSIT INSURANCE CORPORATION

[OMB No. 3064-0121; -0153; and -0185]


Agency Information Collection Activities: Proposed Collection 
Renewal; Comment Request

AGENCY: Federal Deposit Insurance Corporation (FDIC).

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. 
3064-0121; -0135; and -0185).

DATES: Comments must be submitted on or before January 11, 2022.

ADDRESSES: Interested parties are invited to submit written comments to 
the FDIC by any of the following methods:
     Agency website: https://www.fdic.gov/resources/regulations/federal-register-publications/.
     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 extend the validity of the following currently-approved 
collection of information:
    1. Title: Certification of Compliance with Mandatory Bars to 
Employment.
    OMB Number: 3064-0121.
    Form Number: 2120/16.
    Affected Public: Individuals seeking employment from the FDIC.
    Burden Estimate:

                                             Estimated Annual Burden
                                                 [OMB 3064-0121]
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                                                                     Estimated
    Information collection                           Estimated       number of    Estimated time     Estimated
          description            Type of burden      number of     responses per   per response    annual burden
                                                    respondents     respondent      (minutes))        (hours)
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Form 2120/16..................  Reporting.......             528               1              10              88
                                                                 -----------------------------------------------
    Total Annual Burden.......  ................  ..............  ..............  ..............              88
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    General Description of Collection: This information collection 
arises from the reporting requirements contained in 12 CFR part 336, 
subpart B, of the FDIC Rules and Regulations entitled ``Minimum 
Standards of Fitness for Employment with the Federal Deposit Insurance 
Corporation''. This rule implements Section 19 of the Resolution Trust 
Corporation Completion Act (Completion Act), Public Law 103-204, by 
(among other things) prescribing a certification, with attachments in 
some cases, relating to job applicants' fitness and integrity. More 
specifically, the statute provides that the FDIC shall issue 
regulations implementing provisions that prohibit any person from 
becoming employed by the FDIC who has been convicted of any felony; has 
been removed from, or prohibited from participating in the affairs of, 
any insured depository institution pursuant to any final enforcement 
action by any appropriate federal banking agency; has demonstrated a 
pattern or practice of defalcation regarding obligations to insured 
depository institutions; or has caused a substantial loss to federal 
deposit insurance funds. This collection of information implements 
these mandatory bars to employment through a certification, signed by 
job applicants prior to an offer of employment using form 2120/16. 
There has been no change in the method or substance of this information 
collection. The change in estimated annual burden is due to an increase 
in the estimated number of new hires from an annual average of 500 in 
2018 to an annual average of 528 currently.
    2. Title: Purchaser Eligibility Certification.
    OMB Number: 3064-0135.
    Form Number: 7300-06.
    Affected Public: Individuals and entities wishing to purchase 
receivership assets from the FDIC.
    Burden Estimate:

[[Page 62813]]



                                                                 Estimated Annual Burden
                                                                   [OMB No. 3064-0135]
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                                                                                                             Number of       Hours per       Estimated
  Information collection description        Type of burden        Frequency of response      Number of     responses per     response      annual burden
                                        (obligation to respond)                             respondents     respondent       (minutes)        (hours)
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Purchaser Eligibility Certification    Reporting (Voluntary to   On occasion............             380               1              30             190
 (Form No. 7300-06).                    obtain a benefit).
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    Total Estimated Annual Burden      ........................  .......................  ..............  ..............  ..............             190
     (Hours):
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Source: FDIC.

    General Description of Collection: The FDIC is statutorily 
prohibited from selling assets held by insured depository institutions 
that have been placed under the conservatorship or receivership of the 
FDIC to individuals or entities that profited or engaged in wrongdoing 
at the expense of those failed institutions, or seriously mismanaged 
those failed institutions.\1\ This statutory prohibition is implemented 
by regulation.\2\ The FDIC uses Form No. 7300-06: Purchaser Eligibility 
Certification (PEC) to determine an entity or person's eligibility to 
purchase assets. This Information Collection (IC) pertains to the 
voluntary submission of the PEC by persons seeking to certify their 
eligibility to be able to purchase receivership assets. Potential 
respondents to this IC include any entity or individual that wishes to 
bid on or purchase assets held by insured depository institutions that 
have been placed under the conservatorship or receivership of the FDIC. 
This IC contains one reporting requirement. The FDIC arrived at the 
estimated time to respond estimate of 30 minutes per PEC form, through 
observation of individuals completing these forms at open-outcry 
auction events. Since the form has not been revised, the FDIC believes 
this estimate remains reasonable and appropriate for this ICR. The FDIC 
estimated the number of respondents by tabulating the number of PECs 
received in each year between 2015 and 2020. Over that period, the FDIC 
received 2,282 PECs, or approximately 380 PECs per year on average.
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    \1\ 12 U.S.C. 1821(p).
    \2\ 12 CFR 340.
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    3. Title: Resolution plans required for insured depository 
institutions with $100 billion or more in total assets.
    OMB Number: 3064-0185.
    Form Number: None.
    Affected Public: FDIC insured depository institutions with $50 
billion or more in total assets.
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    \3\ According to 12 CFR 360.10(b)(4), covered insured depository 
institution means an insured depository institution with $50 billion 
or more in total assets, as determined based upon the average of the 
institution's four most recent Reports of Condition and Income or 
Thrift Financial Reports (Call Report), as applicable to the insured 
depository institution.
    \4\ 77 FR 3075.
    \5\ 12 U.S.C. 1811, et seq.
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    Burden Estimate:

                                                   Summary of Estimated Annual Implementation Burdens
                                                                   [OMB No. 3064-0185]
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                                                                                                             Number of       Time per        Estimated
             Description                    Type of burden        Frequency of response      Number of      responses/       response      annual burden
                                        (obligation to respond)                             respondents     respondent        (hours)         (hours)
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Resolution Plan Updates by GSIB        Reporting (Mandatory)...  Annual (3 year cycle)..               9               1          21,920         197,280
 specified CIDIs.
Resolution Plan Updates non-GSIB       Reporting (Mandatory)...  Annual (3 year cycle)..              22               1         3,785.5          83,281
 specified CIDIs.
Resolution Plans by New Filers.......  Reporting (Mandatory)...  Annual (3 year cycle)..               2               1         4,430.7         8,861.4
Notice of Material Change............  Reporting (Mandatory)...  On occasion............               2               1             120             240
Exemption Request....................  Reporting (Required to    On occasion............               1               1               1               1
                                        obtain benefit).
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    Total Estimated Annual Burden:...  ........................  .......................  ..............  ..............  ..............       289,663.4
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Source: FDIC.

    General Description of Collection: In 2012, the FDIC issued a rule 
requiring covered insured depository institutions (CIDIs) \3\ to submit 
resolution plans to the FDIC (Rule).\4\ The Rule was established to 
facilitate the FDIC's readiness to resolve a CIDI under the Federal 
Deposit Insurance Act (FDI Act).\5\ Since issuing the Rule in 2012, the 
FDIC and CIDIs have been through multiple resolution plan submission 
cycles. Through this experience, the FDIC has learned what aspects of 
the resolution planning process are most valuable and what could be 
clarified or exempted. Furthermore, the FDIC has gained additional 
resolution capabilities relevant to IDI resolution through

[[Page 62814]]

separate rulemakings subsequent to the issuance of the IDI Rule.\6\
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    \6\ See, e.g., 12 CFR parts 370 & 371.
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    In November 2018, FDIC Chairman McWilliams announced that the 
agency planned to revise the IDI Rule, and that the next round of 
resolution plans submitted pursuant to the IDI Rule would not be 
required until the rulemaking process was complete.\7\ The FDIC 
partially lifted the resolution plan moratorium for CIDIs with $100 
billion or more in assets on January 19, 2021.\8\ On June 25, 2021, the 
FDIC issued a statement (Statement) that outlined a modified approach 
to implementing the Rule.\9\ The modified approach applies to IDIs with 
$100 billion or more in total assets (specified CIDIs) and announces 
the FDIC's intent to extend the submission frequency to a three-year 
cycle, streamline content requirements, and place greater emphasis on 
engagement with firms. In the Statement, the FDIC stated that it 
intends to send a letter to each specified CIDI advising it of the 
timing of its next resolution plan submission during the three-year 
cycle. To streamline content requirements, the FDIC has exempted all 
specified CIDIs from including in their resolution plans the provision, 
identification, description, or discussion of the following topics: 
Least Costly Resolution Method; Asset Valuation and Sales, Major 
Counterparties; Material Entity Financial Statements; Systemically 
Important Functions; Backup Plans; Assessment of the Resolution Plan; 
and High-Level Description of Resolution Strategy.\10\ In addition, the 
FDIC plans to exempt certain specified CIDIs from additional content 
items required under the Rule; these exemptions are tailored to the 
specified CIDI's own circumstances and will be communicated to each 
specified CIDI in the FDIC's letter. Specified CIDIs may also submit 
written requests to the FDIC for exemptions from additional categories 
of information, which should include a description of why the 
information would not be useful or material to the FDIC in planning to 
resolve the specified CIDI. The Statement also clarifies the post-
submission engagement process and contemplates one such engagement per 
specified CIDI per three-year resolution plan cycle. At present, CIDIs 
with less than $100 billion in total assets are not expected to submit 
resolution plans during the period of this IC.
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    \7\ See FDIC Chairman Jelena McWilliams, ``Keynote Remarks,'' 
speech before the 2018 Annual Conference of The Clearing House (TCH) 
and Bank Policy Institute (BPI) (November 28, 2018), available at 
https://www.fdic.gov/news/news/speeches/spnov2818.html.
    \8\ See FDIC Announces Lifting IDI Plan Moratorium (January 19, 
2021), available at https://www.fdic.gov/resauthority/idi-statement-01-19-2021.pdf
    \9\ See Statement on Resolution Plans for Insured Depository 
Institutions, available at https://www.fdic.gov/resauthority/idi-statement-06-25-2021.pdf
    \10\ Id. at page 9.
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    The Rule contains ``collections of information'' as defined by the 
Paperwork Reduction Act (PRA) of 1995. As such, the FDIC must obtain 
approval by the Office of Management and Budget prior to collecting 
said collections of information. This IC was last approved for renewal 
on December 6, 2018 for an estimated 43 annual responses and a total 
estimated annual burden estimate of 572,791 hours.
    Given the changes to the PRA requirements of the Rule since the 
2018 ICR, the FDIC has revised the delineation of burdens. As per their 
changes, the IC now comprises the following line items:
    1. Resolution Plan Updates by specified CIDIs whose top tier parent 
company is a U.S. global systemically important bank as defined in 12 
CFR 217.402 (GSIB specified CIDIs).
    2. Resolution Plan Updates by specified CIDIs whose top tier parent 
company is not a U.S. global systemically important bank (non-GSIB 
specified CIDIs).
    3. Resolution Plans by New Filers.
    4. Notices of Material Change.
    5. Exemption Requests.
    Potential respondents to this IC, as defined by the Rule under the 
modified approach described in the Statement, are specified CIDIs, or 
IDIs with total assets greater than or equal to $100 billion, based 
upon the average of the IDI's four most recent Call Reports. As of 
March 31, 2021, there are 33 IDIs meeting those requirements.\11\ The 
FDIC anticipates that one of these Specified CIDIs will cease to exist 
due to its pending merger with another specified CIDI.\12\ The FDIC 
also anticipates that a new specified CIDI will be created due to the 
pending merger of two IDIs with expected combined assets over $100 
billion.\13\ Thus, on net, the FDIC anticipates that there will be 33 
potential respondents to this IC. The estimated number of respondents 
will vary by line item.
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    \11\ FDIC Call Report Data, March 31, 2021.
    \12\ See FRB Order No. 2021-04 (May 14, 2021), available at 
https://www.federalreserve.gov/newsevents/pressreleases/files/orders20210514a1.pdf, last accessed on July 16, 2021.
    \13\ See First Citizens BancShares, Inc., ``First Citizens, CIT 
Receive FDIC Approval of Proposed Merger,'' July 14, 2021, available 
at https://www.globenewswire.com/news-release/2021/07/14/2262762/0/en/First-Citizens-CIT-Receive-FDIC-Approval-of-Proposed-Merger.html, 
last accessed on July 16, 2021.
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Resolution Plan Updates

    Of the set of potential respondents, the FDIC estimates that 9 GSIB 
Specified CIDIs and 22 non-GSIB specified CIDIs will submit Resolution 
Plan Updates.\14\ To estimate the burden imposed by the Rule under the 
modified approach described in the Statement, FDIC started with the 
methodology used in the 2018 ICR. That methodology relied on results 
from a survey of seven banks to estimate an average PRA burden per 
submission of 65 hours per billion dollars of assets. FDIC then made 
the following adjustments to the burden estimate to reflect the 
modified approach described in the Statement:
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    \14\ Based on FDIC Call Report Data, March 31, 2021.
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     Reduced the estimated average PRA burden by five hours per 
billion dollars of assets to reflect the exclusion of content the 
Statement announced the FDIC would exempt from the specified CIDIs' 
resolution plans.\15\
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    \15\ See Statement, at page 9.
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     Reduced the estimated average PRA burden by two hours per 
billion dollars of assets to reflect the rescission of guidance that 
had requested that each CIDI provide information on how a failure 
scenario would impact its creditor stack.\16\
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    \16\ Id.
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     Increased the estimated average PRA burden by 2 hours per 
billion of assets to reflect the anticipated engagement contemplated in 
the Statement, which contemplates one such engagement per specified 
CIDI over the three-year filing period.\17\
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    \17\ Id. at page 10
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     Reduced the estimated average burdens for GSIB specified 
CIDIs by four percent to reflect expected exemptions tailored to each 
GSIB specified CIDI. The four percent reduction was estimated by 
dividing the total number of such exemptions across all GSIB specified 
CIDIs (8) by the total number of required content items across all GSIB 
specified CIDIs (198).
     Further reduced the estimated average burdens for non-GSIB 
specified CIDIs by 20 percent to reflect expected exemptions tailored 
to each non-GSIB specified CIDI. The 20 percent reduction was estimated 
by dividing the total number of such exemptions across all non-GSIB 
specified CIDIs (97) by the total number of required content items 
across all non-GSIB specified CIDIs (484).
    Based on the above methodology, FDIC estimates that the burden 
hours

[[Page 62815]]

per submission would be 57.6 hours per billion dollars for Resolution 
Plan Updates by GSIB specified CIDIs.\18\ Using assets reported on Call 
Reports for the nine GSIB specified CIDIs, we estimate a total burden 
of 591,840 hours for Resolution Plan Updates by GSIB specified CIDIs, 
or an average of 65,760 hours per submission.\19\
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    \18\ 57.6 hours - (65 hours - 5 hours-2 hours + 2 hours) x (100 
percent-4 percent).
    \19\ 65,760 hours per submission = 591,840 hours for nine 
submissions/9 submissions. 591,840 hours = 57.6 hours per submission 
per billion dollars in asset x $10,275 billion in assets, as 
reported in the March 31, 2021 Call Report.
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    Using the same methodology, FDIC estimates that the burden hours 
per submission to be 48 hours per billion dollars for non-GSIB 
specified CIDIs.\20\ Using the assets reported on the latest Call 
Report for the 22 non-GSIB specified CIDIs, we estimate a total burden 
of 249,840 hours for Resolution Plan Updates by non-GSIB specified 
CIDIs, or an average of 11,356 hours per submission.\21\
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    \20\ 48 hours = (65 hours - 5 hours - 2 hours + 2 hours) x (100 
percent - 20 percent).
    \21\ 11,356 hours per submission = 249,840 hours for twenty-two 
submissions / 22 submissions. 249,840 hours = 48 hours per 
submission per billion dollars in asset x $5,205 billion in assets, 
as reported in the March 31, 2021 Call Report. We adjust the assets 
of one non-GSIB specified CIDI to include the assets of the IDI that 
merged with it.
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    Under the modified approach described in the Statement, each 
respondent is expected to prepare a single submission in the upcoming 
three-year renewal cycle, resulting in a response rate of one in three 
years (or \1/3\ per year). Because the OMB's PRA renewal system limits 
annual responses to values greater than or equal to one, however, FDIC 
uses an annual rate of one response by both GSIB specified CIDIs and 
non-GSIB specified CIDIs (rather than \1/3\). To estimate the annual 
hourly burden incurred by a respondent, we divide the estimated burden 
hours per submission by three to arrive at the estimated burden hours 
per year. Thus, FDIC estimates that Resolution Plan Updates by GSIB 
specified CIDIs will incur 21,920 hours per year \22\ and Resolution 
Plan Updates by non-GSIB specified CIDIs will incur 3,785.5 hours per 
year.\23\
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    \22\ 21,920 hours per year = 65,760 hours per submission / 3 
years per submission.
    \23\ 3,785 hours per year = 11,356 hours per submission / 3 
years per submission.
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Resolution Plans by New Filers

    Of the set of potential respondents, the FDIC estimates that two 
Specified CIDIs will each submit a new Resolution Plan (i.e., submit a 
plan for the first time).\24\ To estimate the burden imposed by the 
Rule under the modified approach described in the Statement, FDIC 
started with the methodology used in the 2018 ICR. That methodology 
assumed that IDIs that cross the $50 billion threshold will incur 
approximately 7,200 hours to prepare and submit their first resolution 
plan. This estimate is substantially higher than a comparative CIDI 
completing an annual update due to the higher costs of preparing a 
resolution plan for the first time.\25\ Given that, under modified 
approach described in the Statement, the total asset threshold is $100 
billion in assets rather than $50 billion in assets, as was the case in 
the 2018 ICR, and the submission moratorium on CIDIs with less than 
$100 billion in total assets remains in place, the FDIC believes that 
14,400 hours (7,200 hours x 2) is a reasonable and appropriate estimate 
for the burden of first time submissions under the Rule for purposes of 
this IC. Furthermore, note that the non-individual streamlined content 
exemptions and engagement changes described above, taken together, 
reduce the estimated average burden hours of Resolution Plan Updates by 
7.7 percent.\26\ The FDIC believes that these changes would also reduce 
the burden of first time submissions by the same percentage. Thus, FDIC 
estimates that that each first time Resolution Plan submission will 
take 13,292 hours to prepare.\27\
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    \24\ Based on FDIC Call Report Data, March 31, 2021, one 
specified CIDI has not previously submitted a plan and two CIDIs 
will merge to become a specified CIDI.
    \25\ For example, using the 65 hours per billion dollars 
parameter, a CIDI with $50 billion in assets is estimated to incur 
3,250 hours to prepare and submit a Resolution Plan Update.
    \26\ 7.7 percent = 5 hours / 65 hours * 100 percent.
    \27\ 13,292 hours = 14,400 x (100 percent - 7.7 percent)).
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    As stated above, each respondent is expected to prepare a single 
submission in the upcoming three-year cycle, resulting in a response 
rate equal to \1/3\ per year. Because the OMB's PRA renewal system 
limits annual responses to values greater than or equal to one, 
however, FDIC uses an annual rate of one response by New Filers. To 
estimate the annual hourly burden incurred by a respondent, FDIC 
divides the estimated burden hours per submission by three to arrive at 
the estimated burden hours per year. Thus, FDIC estimates that 
Resolution Plans by New Filers will incur 4,430.7 hours per year.\28\
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    \28\ 4,430.7 hours per year = 13,292 hours per submission / 3 
years per submission.
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Notice of Material Change

    According to the Rule, a CIDI shall file with the FDIC a notice no 
later than 45 days after any event, occurrence, change in conditions or 
circumstances or other change that results in, or could reasonably be 
foreseen to have, a material effect on the resolution plan of the 
CIDI.\29\ The 2018 ICR estimated one annual respondent, two annual 
responses per respondent, and 120 hours of burden per response, for 
this Notice of Material Change. The FDIC believes that two annual 
respondents each with one annual response per respondent is a more 
reasonable and appropriate estimate, and this estimate reflects that 
change. Thus FDIC estimates two annual respondents, one annual response 
per respondent, and 120 hours of burden per response for the line item 
Notice of Material Change.
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    \29\ See 12 CFR 360.10(c)(1)(v).
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Exemption Request

    As described above, the Rule and the Statement permit a specified 
CIDI to seek exemptions from the informational requirements of the Rule 
beyond those described in the Statement or in the letter from the FDIC 
to the specified CIDI. Such a request should be in writing and include 
a ``description of why the information would not be useful or material 
to the FDIC . . . .'' \30\ Since the FDIC does not have access to 
information that would enable it to estimate how many institutions will 
seek to submit an exemption request or how long it would take to 
prepare such a request, the FDIC uses placeholder estimates of one such 
exemption request and one burden hour to complete it.\31\ Thus FDIC 
estimates one annual respondent, one annual response per respondent, 
and one hour of burden per response for the line item Exemption 
Request.
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    \30\ See Statement at page 10.
    \31\ The SMEs considered basing an estimate for a Sec.  360.10 
exemption request on the estimate of 20 burden hours recently used 
for an exemption request under Sec.  360.9. The SMEs ultimately 
determined that the exemption requests under the two provisions were 
unlikely to be analogous, however, and that the breadth and 
variability of Sec.  360.10 exemption requests made it impracticable 
for the FDIC to develop a meaningful estimate without additional 
information that is not currently available.
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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

[[Page 62816]]

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 November 8, 2021.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2021-24648 Filed 11-10-21; 8:45 am]
BILLING CODE 6714-01-P