[Federal Register Volume 87, Number 11 (Tuesday, January 18, 2022)]
[Notices]
[Pages 2666-2667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00842]


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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency


Agency Information Collection Activities: Information Collection 
Renewal; Submission for OMB Review; Libor Self-Assessment

AGENCY: Office of the Comptroller of the Currency (OCC), Treasury.

ACTION: Notice and request for comment.

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SUMMARY: The OCC, as part of its continuing effort to reduce paperwork 
and respondent burden, invites the general public and other Federal 
agencies to take this opportunity to comment on the renewal of an 
information collection as required by the Paperwork Reduction Act of 
1995 (PRA). In accordance with the requirements of the PRA, the OCC 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. The OCC is 
soliciting comment concerning renewal of a collection of information 
titled, ``Libor Self-Assessment.'' The OCC also is giving notice that 
it has sent the collection to OMB for review.

DATES: Comments must be submitted on or before February 17, 2022.

ADDRESSES:  Commenters are encouraged to submit comments by email, if 
possible. You may submit comments by any of the following methods:
     Email: [email protected].
     Mail: Chief Counsel's Office, Attention: Comment 
Processing, 1557-0349, Office of the Comptroller of the Currency, 400 
7th Street SW, Suite 3E-218, Washington, DC 20219.
     Hand Delivery/Courier: 400 7th Street SW, Suite 3E-218, 
Washington, DC 20219.
     Fax: (571) 465-4326.
    Instructions: You must include ``OCC'' as the agency name and 
``1557-0349'' in your comment. In general, the OCC will publish 
comments on www.reginfo.gov without change, including any business or 
personal information provided, such as name and address information, 
email addresses, or phone numbers. Comments received, including 
attachments and other supporting materials, are part of the public 
record and subject to public disclosure. Do not include any information 
in your comment or supporting materials that you consider confidential 
or inappropriate for public disclosure.
    Written comments and recommendations for the proposed information 
collection should also be sent within 30 days of publication of this 
notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
    On October 22, 2021, the OCC published a 60-day notice for this 
information collection, 86 FR 58723. You may review comments and other 
related materials that pertain to this information collection following 
the close of the 30-day comment period for this notice by the method 
set forth in the next bullet.
     Viewing Comments Electronically: Go to www.reginfo.gov. 
Hover over the ``Information Collection Review'' tab and click on 
``Information Collection Review'' dropdown. Underneath the ``Currently 
under Review'' section heading, from the drop-down menu select 
``Department of Treasury'' and then click ``submit.'' This information 
collection can be located by searching by OMB control number ``1557-
0349'' or ``Libor Self-Assessment.'' Upon finding the appropriate 
information

[[Page 2667]]

collection, click on the related ``ICR Reference Number.'' On the next 
screen, select ``View Supporting Statement and Other Documents'' and 
then click on the link to any comment listed at the bottom of the 
screen.
     For assistance in navigating www.reginfo.gov, please 
contact the Regulatory Information Service Center at (202) 482-7340.

FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, Clearance Officer, 
(202) 649-5490, Chief Counsel's Office, Office of the Comptroller of 
the Currency, 400 7th Street SW, Washington, DC 20219.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal 
agencies must obtain approval from the OMB for each collection of 
information that they conduct or sponsor. ``Collection of information'' 
is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) to include agency 
requests or requirements that members of the public submit reports, 
keep records, or provide information to a third party. The OCC asks 
that OMB extend its emergency approval of this collection.
    Title: Libor Self-Assessment.
    OMB Control No.: 1557-0349. Type of Review: Regular. Description: 
The cessation of the London InterBank Offered Rate (Libor) prompted the 
OCC to create a self-assessment tool for banks to use in preparing for 
the Libor cessation. The self-assessment tool was created to assess the 
appropriateness of a bank's Libor transition plan, the execution of the 
plan by its management, and related matters.
    The Intercontinental Exchange Libor is a reference rate that is 
intended to reflect the cost of unsecured interbank borrowing. Libor is 
published daily in five currencies with seven maturities ranging from 
overnight to 12 months. It is used globally in the over-the-counter 
derivatives market, bonds, loan products, and securitizations. As of 
the end of 2020, $223 trillion of financial instruments were exposed to 
U.S. dollar (USD) Libor as the primary reference rate.\1\
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    \1\ https://www.newyorkfed.org/medialibrary/Microsites/arrc/files/2021/USD-LIBOR-transition-progress-report-mar-21.pdf.
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    While certain reference rates have ceased to be reported in the 
past, the significant exposure of the financial markets to Libor 
creates the need for banks to assess whether they are identifying 
applicable risks, preparing for Libor cessation, and successfully 
transitioning to replacement reference rates. Libor is referenced 
globally, and its cessation could affect banks of all sizes through 
direct or indirect exposure.
    There is risk of market disruptions, litigation, and destabilized 
balance sheets if acceptable replacement rates do not attract 
sufficient market-wide acceptance or if contracts cannot seamlessly 
transition to new rates. A bank's risk exposure from Libor cessation 
depends on the bank's specific circumstances. Many community banks may 
not offer products or services that use Libor. However, community banks 
could have Libor exposure in positions such as Federal Home Loan Bank 
(FHLB) borrowings, mortgage-backed securities, or bonds in the banks' 
investment portfolios.
    Libor exposure can exist in all product categories and lines of 
business, both on or off the balance sheet, and in asset management 
activities. Risk can also emanate from third-party relationships 
because Libor is often used in pricing models, financial models, and in 
other parts of banks' infrastructure, such as core processing.
    The ubiquity of Libor, present in over $200 trillion notional 
contracts, makes moving off the rate incredibly complicated. Many 
existing contracts do not include sufficient provisions if Libor 
becomes unavailable (known as fallback provisions). Without adequate 
preparation, Libor cessation could cause market disruption and present 
risks to banks and their customers. In addition, fallback provision 
language does not sufficiently account for a permanent cessation of 
Libor. The Federal banking agencies published a statement communicating 
that banks should discontinue entering into contracts that use USD 
Libor as a reference rate as soon as practicable and in any event by 
the end of 2021 (with a few exceptions for orderly market support).\2\
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    \2\ https://www.occ.gov/news-issuances/bulletins/2020/bulletin-2020-104.html#ft1.
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    Given that banks should not be creating new Libor exposure, the 
prevalence of Libor, and the remaining work to be done within the 
timeframe described above, the OCC has made this self-assessment tool 
available to banks, due to the immediate need and the brief duration of 
use, to help banks prepare for Libor-related risk.
    Banks may use the self-assessment to determine whether they have 
risk management processes in place to identify and mitigate their Libor 
transition risks. Not all sections or questions will apply to all 
banks. Applicable risks (e.g., operational, compliance, strategic, and 
reputation) can be identified when scoping and completing Libor 
cessation preparedness assessments.
    Affected Public: Businesses or other for-profit.
    Burden Estimates:
    Estimated Number of Respondents: 1,096.
    Estimated Annual Burden: 8,768 hours.
    Frequency of Response: On occasion.
    Comments: On October 22, 2021, the OCC published a 60-day notice 
for this information collection, 86 FR 58723. No comments were 
received. Comments continue to be solicited on:
    (a) Whether the collection of information is necessary for the 
proper performance of the OCC's functions, including whether the 
information has practical utility;
    (b) The accuracy of the OCC's estimate 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 information collection on 
respondents, including through the use of automated collection 
techniques or other forms of information technology.
    (e) Estimates of capital or start-up costs and costs of operation, 
maintenance, and purchase of services to provide information.

Patrick T. Tierney,
Assistant Director, Bank Advisory, Office of the Comptroller of the 
Currency.
[FR Doc. 2022-00842 Filed 1-14-22; 8:45 am]
BILLING CODE 4810-33-P