Agency Information Collection Activities: Submission for OMB Review; Joint Comment Request, 8649-8657 [06-1495]
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Federal Register / Vol. 71, No. 33 / Friday, February 17, 2006 / Notices
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
FEDERAL RESERVE SYSTEM
FEDERAL DEPOSIT INSURANCE
CORPORATION
Agency Information Collection
Activities: Submission for OMB
Review; Joint Comment Request
Office of the Comptroller of
the Currency (OCC), Treasury; Board of
Governors of the Federal Reserve
System (Board); and Federal Deposit
Insurance Corporation (FDIC).
ACTION: Notice of information collection
to be submitted to OMB for review and
approval under the Paperwork
Reduction Act.
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AGENCIES:
SUMMARY: In accordance with the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C.
chapter 35), the OCC, the Board, and the
FDIC (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 August 23,
2005, the Financial Institutions
Examination Council (FFIEC), of which
the Agencies are members, requested
public comment for 60 days on
proposed revisions to the Consolidated
Reports of Condition and Income (Call
Report), which are currently approved
collections of information. After
considering the comments, the FFIEC
has modified some of the proposed
changes and will stagger the effective
dates of the revisions from March 31,
2006, through March 31, 2008. The
burden-reducing revisions included in
the proposal will be implemented
March 31, 2006, as proposed.
DATES: Comments must be submitted on
or before March 20, 2006.
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 may submit comments,
identified by [Attention: 1557–0081], by
any of the following methods:
• E-mail:
regs.comments@occ.treas.gov. Include
[Attention: 1557–0081] in the subject
line of the message.
• Fax: (202) 874–4448.
• Mail: Public Information Room,
Office of the Comptroller of the
Currency, 250 E Street, SW., Mailstop
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1–5, Washington, DC 20219; Attention:
1557–0081.
Public Inspection: You may inspect
and photocopy comments at the Public
Information Room. You can make an
appointment to inspect the comments
by calling (202) 874–5043.
Board: You may submit comments,
which should refer to ‘‘Consolidated
Reports of Condition and Income, 7100–
0036,’’ by any of the following methods:
• Agency Web site: https://
www.federalreserve.gov. Follow the
instructions for submitting comments
on the https://www.federalreserve.gov/
generalinfo/foia/ProposedRegs.cfm.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail:
regs.comments@federalreserve.gov.
Include docket 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 https://
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: https://
www.FDIC.gov/regulations/laws/
federal/notices.html.
• E-mail: comments@FDIC.gov.
Include ‘‘Consolidated Reports of
Condition and Income, 3064–0052’’ in
the subject line of the message.
• Mail: Steven F. Hanft (202–898–
3907), Paperwork Clearance Officer,
Room MB–3064, 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 https://www.fdic.gov/regulations/laws/
federal/notices.html including any
personal information provided.
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8649
Comments may be inspected at the FDIC
Public Information Center, Room E–
1002, 3502 North Fairfax Drive,
Arlington, VA 22226, between 9 a.m.
and 5 p.m. on business days.
Additionally, commenters should
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 about the revisions
discussed in this notice, please contact
any of the agency clearance officers
whose names appear below. In addition,
copies of Call Report forms can be
obtained at the FFIEC’s Web site
(https://www.ffiec.gov/
ffiec_report_forms.htm).
OCC: Mary Gottlieb, OCC Clearance
Officer, or Camille Dickerson, (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. Long, Federal
Reserve 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: Steven F. Hanft, Paperwork
Clearance Officer, (202) 898–3907, Legal
Division, Federal Deposit Insurance
Corporation, 550 17th Street, NW.,
Washington, DC 20429.
FOR FURTHER INFORMATION CONTACT:
The
Agencies are requesting OMB approval
to revise and extend for three years the
Call Report, which is currently an
approved collection of information for
each of the Agencies.
Report Title: Consolidated Reports of
Condition and Income (Call Report).
Form Number: 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 forprofit.
OCC:
OMB Number: 1557–0081.
Estimated Number of Respondents:
1,900 national banks.
Estimated Time per Response: 43.73
burden hours (incorporates a reduction
SUPPLEMENTARY INFORMATION:
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of 4.47 hours resulting from the
completion of testing and enrollment in
the Central Data Repository (CDR) in
2005 and an average net increase of 1.81
hours for the Call Report revisions to be
phased in from March 2006 to March
2008).
Estimated Total Annual Burden:
332,331 burden hours.
Board:
OMB Number: 7100–0036.
Estimated Number of Respondents:
919 state member banks.
Estimated Time per Response: 50.69
burden hours (incorporates a reduction
of 4.01 hours resulting from the
completion of testing and enrollment in
the CDR in 2005 and an average net
increase of 2.32 hours for the Call
Report revisions to be phased in from
March 2006 to March 2008).
Estimated Total Annual Burden:
186,321 burden hours.
FDIC:
OMB Number: 3064–0052.
Estimated Number of Respondents:
5,247 insured state nonmember banks.
Estimated Time per Response: 34.94
burden hours (incorporates a reduction
of 4.16 hours resulting from the
completion of testing and enrollment in
the CDR in 2005 and an average net
increase of 2.00 hours for the Call
Report revisions to be phased in from
March 2006 to March 2008).
Estimated Total Annual Burden:
733,321 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
625 hours per quarter, depending on an
individual institution’s circumstances.
Furthermore, the effect on reporting
burden of the revisions to the Call
Report requirements will vary from
institution to institution depending, in
some cases, on the institution’s asset
size and, in other cases, on its
involvement with the types of activities
or transactions to which the changes
apply.
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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), and 12 U.S.C. 1817 (for insured
state nonmember commercial and
savings banks). Except for selected
items, these information collections are
not given confidential treatment.
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Abstract
Institutions file Call Reports with 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. In addition, Call Reports
provide the most current statistical data
available for evaluating institutions’
corporate applications such as mergers,
for identifying areas of focus for both
on-site and off-site examinations, and
for monetary and other public policy
purposes. Call Reports are also used to
calculate all institutions’ deposit
insurance and Financing Corporation
assessments and national banks’
semiannual assessment fees.
Current Actions
I. Overview
On August 23, 2005, the Agencies
requested comment on proposed
revisions to the Call Report. The
proposed effective date for all of the
revisions was March 31, 2006. After
considering the comments, the Agencies
approved several modifications to the
initial set of proposed revisions and
decided to phase-in the changes
beginning March 31, 2006, through
March 31, 2008, to provide banks
sufficient time to make system and
processing changes. The Agencies will
move forward with reporting changes on
March 31, 2006, that primarily consist
of deletions, revisions to the reporting of
international income, and certain new
data on credit derivatives. The Agencies
will delay the implementation for
certain items providing additional detail
on balance sheet items, mortgage
banking activities, and credit derivatives
to September 30, 2006, and other items
providing additional detail on income
statement items and certain loans to
March 31, 2007. The Agencies will also
further delay implementation of certain
loan items for small banks that meet
specified criteria to March 31, 2008. In
addition, revised officer signature
requirements also take effect September
30, 2006.
The Agencies collectively received
comments from 30 respondents: 21
banks and banking organizations, 3
national banking trade groups and other
bankers’ organizations, 2 insurance
consultants, a nonbanking trade group,
a government agency, a data processing
company, and a federal bank examiner.
Many of the commenters were
concerned with the reporting burden
being imposed by the changes and
questioned whether the costs of the
proposed changes outweighed the
perceived supervisory benefit. Two
commenters recommended the Agencies
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consider collecting different types of
data on different frequencies for banks
of different asset sizes. Several
commenters expressed concerns about
the accuracy of the Agencies’ burden
estimates, especially those associated
with the CDR testing and enrollment.
Other commenters recommended the
Agencies reassess the importance of all
supplemental schedule information to
the Agencies’ supervisory and other
responsibilities and prioritize the
collection of this data based on relative
risk.
Other commenters cited concerns
with the relatively short implementation
time-frame that the Agencies were
providing banks to make the proposed
changes. In particular, many of the
commenters objected to the proposal to
split ‘‘Construction, land development,
and other land loans’’ (CLD&OL loans)
into separate categories for 1–4 family
residential CLD&OL loans and all other
CLD&OL loans, and to split loans
‘‘Secured by nonfarm nonresidential
properties’’ (commercial real estate
loans) into separate categories for
owner-occupied and other commercial
real estate loans based on reporting
burden related considerations. Other
commenters objected to the proposed
changes to the officer and director
signature and attestation requirements
based on burden and the perceived
minimal benefit to the supervisory
process. Three commenters requested
that the Agencies consider materiality
when proposing to collect further
information on Federal Home Loan
Bank advances and other supplemental
and memorandum information. These
commenters suggested imposing a
minimum reporting threshold for
certain information. Commenters also
requested clarification on the maximum
amount payable and receivable for
credit derivatives and the
meaningfulness of breaking out the
trading revenue from credit derivatives.
One commenter recommended a
change to the reporting of deposits of
‘‘Individuals, partnerships, and
corporations,’’ which banks currently
report in item 1 of Schedule RC–E,
‘‘Deposits.’’ The Agencies did not
propose to make any changes to this
category of depositor. The commenter
recommended separating this category
into three subcategories for
‘‘Individuals,’’ ‘‘Sole proprietorships
and partnerships,’’ and ‘‘Corporations.’’
At present, the Agencies’’ supervisory
and other primary mission objectives
can be effectively accomplished without
the additional breakouts recommended
by the commenter. Therefore, the
Agencies are not proposing to add any
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additional breakouts for categories of
depositors at this time.
A summary of the Agencies’
responses to the comments and the final
revisions are presented below.
II. Discussion of Revisions
Overall Reporting Burden
In March 2001, the Agencies revised
the Call Report from four versions
(FFIEC 031, 032, 033, and 034) to the
existing two versions (FFIEC 031 and
041). A major reason for this change was
to reduce burden and to more closely
align the information collected in the
Call Report to the Agencies’ supervisory
and other public policy objectives.
Since that time, the Agencies have made
efforts to target revisions to those areas
of highest importance to these
objectives. The Agencies realize that
institutions of different sizes incur
different amounts of burden and the
estimates of burden hours are intended
to reflect the average burden per
institution. As indicated above
following the Agencies’ individual
burden estimates as well as on the
second page of the Call Report forms,
the range of burden for the Call Report
is estimated to be from 16 to 625 hours
per response. The burden associated
with the testing of and enrollment in the
CDR was filed with OMB in 2004 when
testing began and is required to be
removed from the Agencies’ records
with OMB since this CDR-related
burden is no longer applicable. As
stated in the initial Federal Register
notice, the Agencies have recently
conducted a careful review of the
information needed to accomplish the
Agencies’ supervisory and other public
policy objectives and have proposed to
delete those items determined to be no
longer critical to this mission.
Call Report Revisions Effective as of the
March 31, 2006, Report Date
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A. Burden-Reducing Revisions
Several commenters supported (or did
not oppose) the four proposed burdenreducing revisions discussed below, but
one commenter stated that these
revisions would not meaningfully
reduce burden.
1. Uninsured Deposits
Banks with less than $1 billion in
total assets will no longer be required to
complete Memorandum item 2,
‘‘Estimated amount of uninsured
deposits,’’ in Schedule RC–O, ‘‘Other
Data for Deposit Insurance and FICO
Assessments.’’ Banks with $1 billion or
more in total assets will continue to
report this estimate in Memorandum
item 2. To determine whether a bank
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must complete Memorandum item 2
during 2006, the $1 billion asset size
test is based on the total assets reported
on the bank’s Call Report balance sheet
for June 30, 2005. Each year thereafter,
this asset size test will be determined
based on the total assets reported in the
previous year’s June 30 Call Report.
Once a bank surpasses the $1 billion
total asset threshold, it must continue to
report its estimated uninsured deposits
regardless of subsequent changes in its
total assets. When estimating the
uninsured portion of its deposits, a bank
with $1 billion or more in total assets
should base its estimate on data that are
readily available from the information
systems and other records pertaining to
its deposits that the bank has in place.
2. Holdings of Asset-Backed Securities
Banks with domestic offices only and
less than $1 billion in total assets will
no longer provide a six-way breakdown
of their holdings of asset-backed
securities (not held for trading
purposes) in Schedule RC–B,
‘‘Securities,’’ items 5.a through 5.f.
Instead, these banks would report only
their total holdings of asset-backed
securities in Schedule RC–B, item 5.
Banks with foreign offices and other
banks with $1 billion or more in total
assets will continue to report the
existing breakdown of their asset-backed
securities, but this information will be
collected in new Memorandum items
5.a through 5.f of Schedule RC–B. The
$1 billion asset size test will be applied
in the same manner as discussed above
under Uninsured Deposits.
3. Impact of Derivatives on Income
In Schedule RI, ‘‘Income Statement,’’
the Agencies are eliminating
Memorandum items 9.a through 9.c,
which collect data on the ‘‘Impact on
income of derivatives held for purposes
other than trading.’’ These
Memorandum items are currently
reported by banks with foreign offices or
with $100 million or more in total
assets.
4. Bankers Acceptances
The following items for reporting
information on bankers acceptances will
be eliminated:
• Schedule RC, ‘‘Balance Sheet’’
Æ Item 9, ‘‘Customers’ liability to this
bank on acceptances outstanding’’
Æ Item 18, ‘‘Bank’s liability on
acceptances executed and outstanding’’
• Schedule RC–L, ‘‘Derivatives and
Off-Balance Sheet Items,’’ item 5,
‘‘Participations in acceptances conveyed
to others by the reporting bank’’
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• Schedule RC–H, ‘‘Selected Balance
Sheet Items for Domestic Offices’’
(FFIEC 031 only)
Æ Item 1, ‘‘Customers’ liability to this
bank on acceptances outstanding’’
Æ Item 2, ‘‘Bank’s liability on
acceptances executed and outstanding’’
With the elimination of separate
balance sheet items for acceptances on
Schedule RC, banks should include any
acceptance assets and acceptance
liabilities in ‘‘Other assets’’ (Schedule
RC, item 11) and ‘‘Other liabilities’’
(Schedule RC, item 20), respectively.
B. Revisions of Existing Items and New
Items
1. Life Insurance Assets
At present, banks include their
holdings of life insurance assets (e.g.,
the cash surrender value reported to the
bank by the insurance carrier, less any
applicable surrender charges not
reflected by the carrier in this reported
value) in Schedule RC–F, ‘‘Other
Assets,’’ item 5, ‘‘All other assets.’’ If the
carrying amount of a bank’s life
insurance assets included in item 5 is
greater than $25,000 and exceeds 25
percent of its ‘‘All other assets,’’ the
bank must disclose this carrying amount
in Schedule RC–F, item 5.b. Schedule
RC–F will be revised by adding a new
item 5 in which all banks will report
their holdings of life insurance assets.
Existing item 5, ‘‘All other assets,’’ in
Schedule RC–F will be renumbered as
item 6. Commenters specifically
addressing this reporting change either
supported it or indicated it would not
present problems.
For purposes of reporting ‘‘Life
insurance assets’’ in new item 5 of
Schedule RC–F, banks should include
the cash surrender value of life
insurance reported by the insurance
carrier, less any applicable surrender
charges not reflected by the carrier in
this reported value, on all forms of
permanent life insurance policies
owned by the bank, its consolidated
subsidiaries, and grantor (rabbi) trusts
established by the bank or its
consolidated subsidiaries, regardless of
the purposes for acquiring the insurance
and regardless of whether the insurance
is a general account obligation of the
insurer or a separate account obligation
of the insurer. Permanent life insurance
refers to whole and universal life
insurance, including variable universal
life insurance. Purposes for which
insurance may be acquired include
offsetting pre- and post-retirement costs
for employee compensation and benefit
plans, protecting against the loss of key
persons, and providing retirement and
death benefits to employees. Include as
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life insurance assets the bank’s interest
in insurance policies under split-dollar
life insurance arrangements with
directors, officers, and employees under
both the endorsement and collateral
assignment methods.
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2. Credit Derivatives by Type and
Remaining Maturity
In item 7 of Schedule RC–L,
‘‘Derivatives and Off-Balance Sheet
Items,’’ banks currently report the
notional amounts of the credit
derivatives on which they are the
guarantor and on which they are the
beneficiary as well as the gross positive
and negative fair values of these credit
derivatives. These existing items will be
revised so that banks with credit
derivatives will provide a breakdown of
these notional amounts by type of credit
derivative—credit default swaps, total
return swaps, credit options, and other
credit derivatives—in items 7.a.(1)
through 7.a.(4) of Schedule RC–L, with
those on which the bank is the
guarantor reported in column A and
those on which the bank is the
beneficiary in column B. Banks will
continue to separately report the gross
positive and negative fair values of
credit derivatives on which they are the
guarantor and the beneficiary without a
breakdown by type of credit derivative
(items 7.b.(1) and 7.b.(2), columns A
and B).
In addition, banks currently present a
maturity distribution for six categories
of derivative contracts that are subject to
the risk-based capital standards in
Schedule RC–R, ‘‘Regulatory Capital,’’
Memorandum item 2. A new category
will be added for credit derivatives that
are subject to these standards. The
remaining maturities of these credit
derivatives will be reported separately
for those where the underlying reference
asset is rated investment grade or, if not
rated, is the equivalent of investment
grade under the bank’s internal credit
rating system (Memorandum item
2.g.(1)) and those where the underlying
reference asset is rated below
investment grade (‘‘subinvestment
grade’’) or, if not rated, is the equivalent
of below investment grade under the
bank’s internal credit rating system
(Memorandum item 2.g.(2)).
None of the commenters specifically
addressed these two reporting changes.
3. Income From Foreign Offices
At present in the FFIEC 031 version
of the Call Report, banks with foreign
offices whose international operations
account for more than 10 percent of
total revenues, total assets, or net
income must complete Schedule RI–D,
‘‘Income from International
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Operations.’’ Banks that complete this
schedule are currently directed to report
estimates of the amounts of their income
and expense attributable to international
operations. These estimates must
eliminate intrabank accounts and
should reflect all appropriate internal
allocations of income and expense.
Existing Schedule RI–D will be
revised to capture income from foreign
offices (as that term is currently defined
for Call Report purposes) in place of
income from ‘‘international operations.’’
The schedule will be renamed ‘‘Income
from Foreign Offices’’ and the threshold
for completing revised Schedule RI–D
will continue to be based on a 10
percent test, but the test would compare
a bank’s foreign office revenues, assets,
and net income to its consolidated total
revenues, total assets, and net income.
Total revenues (net interest income plus
noninterest income) and net income
will be determined from the preceding
calendar year (2005 for purposes of
reporting in Schedule RI–D beginning
March 31, 2006) and total assets will be
measured as of the preceding calendar
year end (December 31, 2005, for
purposes of reporting in Schedule RI–D
beginning March 31, 2006).
The following categories of foreign
office income and expense will be
reported in revised Schedule RI–D:
• Total interest income.
• Total interest expense.
• Provision for loan and lease losses.
• Trading revenue.
• Investment banking, advisory,
brokerage, and underwriting fees and
commissions.
• Net securitization income.
• All other noninterest income.
• Realized gains (losses) on held-tomaturity and available-for-sale
securities.
• Total noninterest expense.
• Adjustments to pretax income in
foreign offices for internal allocations to
foreign offices to reflect the effect of
equity capital on overall bank funding
costs.
• Applicable income taxes.
• Extraordinary items and other
adjustments, net of income taxes.
• Internal allocations of income and
expense applicable to foreign offices.
• Eliminations arising from the
consolidation of foreign offices with
domestic offices.
The amounts reported in the
preceding income and expense
categories (except the categories for
adjustments to pretax income, internal
allocations, and eliminations) are to be
reported on a foreign office consolidated
basis, i.e., before eliminating the effects
of transactions with domestic offices,
but after eliminating the effects of
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transactions between foreign offices.
This is a change from the current
Schedule RI–D approach under which
amounts are reported net of all
intrabank transactions.
The Agencies received no comments
specifically addressing the proposed
revisions to Schedule RI–D.
4. Standby Letters of Credit Issued by a
Federal Home Loan Bank
Banks are currently required to report
standby letters of credit issued by a
Federal Home Loan Bank on their behalf
in Schedule RC–L, item 9, ‘‘All other
off-balance sheet liabilities,’’ when these
letters of credit exceed 10 percent of the
bank’s total equity capital. When these
letters of credit exceed 25 percent of
total equity capital, the amount must
also be separately identified and
disclosed in Schedule RC–L. To
facilitate the reporting and
identification of these standby letters of
credit when the amount exceeds 25
percent of total equity capital, banks
with this volume of standby letters of
credit issued by a Federal Home Loan
Bank will report them in Schedule RC–
L, item 9.c., to which the Agencies are
adding an appropriate preprinted
caption.
No comments were received on this
specific element of the Agencies’
proposal.
5. Scope of Securitizations To Be
Included in Schedule RC–S
In column G of Schedule RC–S,
‘‘Servicing, Securitization, and Asset
Sale Activities,’’ banks report
information on securitizations and on
asset sales with recourse or other sellerprovided credit enhancements involving
loans (other than those covered in
columns A through F of the schedule)
and all leases. Although the scope of
Schedule RC–S was intended to cover
all of a bank’s securitizations and creditenhanced asset sales, as currently
structured column G does not capture
transactions involving assets other than
loans and leases. Therefore, the
Agencies are revising the scope of
column G to encompass ‘‘All Other
Loans, All Leases, and All Other
Assets.’’ As a result, column G will
begin to reflect securitization
transactions involving such assets as
securities.
The Agencies received no comments
on this change in scope.
C. Instructional Clarification for
Servicing of Home Equity Lines
Banks report the outstanding
principal balance of assets serviced for
others in Memorandum item 2 of
Schedule RC–S, ‘‘Servicing,
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Securitization, and Asset Sale
Activities.’’ In Memorandum items 2.a
and 2.b, the amounts of 1–4 family
residential mortgages serviced with
recourse and without recourse,
respectively, are reported.
Memorandum item 2.c covers all other
financial assets serviced for others, but
banks are required to report the amount
of such servicing only if the servicing
volume is more than $10 million.
The Agencies will clarify the
instructions by stating that servicing of
home equity lines should be included in
Memorandum item 2.c. Memorandum
items 2.a and 2.b should include
servicing of closed-end loans secured by
first or junior liens on 1–4 family
residential properties only. The only
commenter addressing this clarification
stated that it was reasonable.
Call Report Revisions Effective as of the
September 30, 2006, Report Date
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A. Revisions of Existing Items and New
Items
1. Federal Home Loan Bank Advances
and Other Borrowings
Banks currently report separate
breakdowns by remaining maturity of
Federal Home Loan Bank (FHLB)
advances and other borrowings in
Schedule RC–M, items 5.a and 5.b.,
respectively. The Agencies proposed to
add two additional breakdowns of FHLB
advances. The first would collect data
on four categories of advances: Fixed
rate, variable rate, callable structured
advances, and other structured
advances. The second would collect
data on advances by time remaining
until the next repricing date using four
time intervals: One year or less, over
one year through three years, over three
years through five years, and over five
years. In addition, the existing
remaining maturity data for both FHLB
advances and other borrowings were to
be modified by adding a new remaining
maturity period of over five years.
Three commenters suggested the
Agencies limit the application of certain
information on FHLB advances to
institutions whose FHLB advances are
material to their overall operations. In
contrast, another commenter, a banking
trade group, stated that its members did
not believe it would be burdensome in
most cases to provide the proposed
additional information. The Agencies
evaluated various alternative materiality
thresholds for FHLB advances and
concluded that, for many institutions,
such thresholds would effectively
increase, rather than reduce, the burden
associated with providing the requested
information. Burden would effectively
increase because these institutions
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would have to assess whether they
exceed the reporting threshold as of
each report date and would need to
develop a system for capturing the
information whenever the threshold is
exceeded. Once the threshold is
exceeded institutions would continue to
report the information until the volume
of FHLB advances declined and
remained below a threshold for a
sufficient period of time to indicate that
the advances were no longer an integral
part of the institution’s operations.
Therefore, the Agencies are not
establishing a materiality threshold for
these items. Nevertheless, in response to
commenters’ concerns about burden, the
Agencies reconsidered the amount of
data they proposed to collect on FHLB
advances and other borrowings and
decided to modify their proposal by
reducing the amount of information to
be reported by banks.
Thus, banks will separately report
their FHLB advances and their other
borrowings based on the amount of time
until the next repricing date (one year
or less, over one year through three
years, over three years through five
years, and over five years) in items
5.a.(1)(a)–(d) and 5.b.(1)(a)–(d) of
Schedule RC–M, respectively.1 Banks
will also report the amounts of advances
and other borrowings with a remaining
maturity of one year or less in items
5.a.(2) and 5.b.(2), respectively, rather
than the proposed four-period
breakdown by remaining maturity.
In addition, banks will report only the
amount of structured FHLB advances
included in their advances outstanding
in item 5.a.(3) of Schedule RC–M
instead of the four-way breakdown of
advances that had been proposed.
Structured advances are advances
containing options. Structured advances
include (1) callable advances, i.e., fixed
rate advances that the FHLB has the
option to call after a specified amount
of time, (2) convertible advances, i.e.,
fixed rate advances that the FHLB has
the option to convert to floating rate
after a specified amount of time, and (3)
putable advances, i.e., fixed rate
advances that the bank has the option to
prepay without penalty on a specified
date or dates. Any other advances that
have caps, floors, or other embedded
derivatives should also be reported as
structured advances.
2. Nonaccrual Assets
Two new items will be added to
Schedule RC–N, ‘‘Past Due and
Nonaccrual Loans, Leases, and Other
1 The sum of Schedule RC–M, items 5.a.(1)(a)–(d)
and items 5.b.(1)(a)–(d), must equal Schedule RC,
item 16, ‘‘Other borrowed money.’’
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Assets,’’ pertaining to nonaccrual assets:
Memorandum item 7, ‘‘Additions to
nonaccrual assets during the quarter,’’
and Memorandum item 8, ‘‘Nonaccrual
assets sold during the quarter.’’ Identical
items are already collected from bank
holding companies that file the
Consolidated Financial Statements for
Bank Holding Companies (FR Y–9C).
The one institution that specifically
commented on the proposed new
nonaccrual items observed that, because
it files the FR Y–9C, these items would
not create additional burden.
In Memorandum item 7, report the
gross amount of all loans, leases, debt
securities, and other assets (net of
unearned income) that have been placed
in nonaccrual status since the prior
quarter-end. Include those assets placed
in nonaccrual status during the quarter
that are included as of the quarter-end
report date in Schedule RC–N, column
C, items 1 through 9. Also include those
assets placed in nonaccrual status
during the quarter that, before the
current quarter-end, have been sold,
paid off, charged-off, settled through
foreclosure or concession of collateral
(or any other disposition of the
nonaccrual asset) or have been returned
to accrual status. In other words, the
gross amount of assets placed in
nonaccrual status since the prior
quarter-end that should be reported in
Memorandum item 7 should not be
reduced, for example, by any charge-offs
or sales of such nonaccrual assets. If a
given asset is placed in nonaccrual
status more than once during the
quarter, report the amount of the asset
only once.
In Memorandum item 8, report the
gross outstanding balance of all loans,
leases, debt securities, and other assets
held in nonaccrual status (i.e.,
reportable in Schedule RC–N, column C,
items 1 through 9) that were sold during
the current quarter. The amount to be
reported is the outstanding balance of
the asset at the time of the sale. Do not
include any gains or losses from the
sale. For purposes of this item, only
include those nonaccrual asset sales that
meet the criteria for a sale as set forth
in FASB Statement No. 140, Accounting
for Transfers and Servicing of Financial
Assets and Extinguishments of
Liabilities.
3. Secured Borrowings
The Agencies are adding two items to
Schedule RC–M, ‘‘Memoranda,’’ in
which banks will report the amount of
their ‘‘Federal funds purchased’’ (as
reported in Schedule RC, item 14.a), and
their ‘‘Other borrowings’’ (as reported in
Schedule RC–M, item 5.b) that are
secured. Two commenters specifically
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addressed these proposed items. One
did not object to these items, but the
other suggested that materiality
thresholds be applied to the reporting of
these two items. Consistent with the
discussion above under FHLB advances
and other borrowings, the Agencies
decided against establishing a
materiality threshold for these items.
Banks should include in these items
the amount of ‘‘Federal funds
purchased’’ and ‘‘Other borrowings’’ for
which the bank (or a consolidated
subsidiary) has pledged securities,
loans, or other assets as collateral for the
borrowings. Transfers of financial assets
accounted for as financing transactions
because they do not satisfy the criteria
for sale accounting under FASB
Statement No. 140, mortgages payable
on bank premises and other real estate
owned, and obligations under
capitalized leases should be included as
‘‘Secured other borrowings.’’
4. Closed-End 1–4 Family Residential
Mortgage Banking Activities
The Agencies will add a new
Schedule RC–P to the Call Report that
will contain a series of items that are
focused on closed-end 1–4 family
residential mortgage banking activities.
The schedule will include items for the
principal amount of retail originations
during the quarter of mortgage loans for
resale, wholesale originations and
purchases during the quarter of
mortgage loans for resale, and mortgage
loans sold during the quarter. The
schedule will also collect information
on the carrying amount of mortgage
loans held for sale at quarter-end. Data
will be reported separately for first lien
and junior lien mortgages.2
The Agencies proposed that Schedule
RC–P would be completed by all banks
with $1 billion or more in total assets
and that smaller banks that are
significantly involved in mortgage
banking activities, as determined by
their primary federal regulator, could be
directed by their regulator to complete
the schedule. One commenter stated
that this reporting approach for banks
with less than $1 billion in total assets
could result in confusion and
inconsistent treatment of such banks.
This commenter recommended against
leaving the reporting decision up to a
bank’s regulator, suggesting instead that
a reporting threshold by mortgage
volume be established for banks with
less than $1 billion in assets. This
commenter also stated that data
2 As
will be discussed in the following section, an
additional item on noninterest income earned
during the quarter from these mortgage banking
activities will be added to Schedule RC–P effective
March 31, 2007.
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collection for this new schedule would
be time consuming and some
information may need to be compiled
manually. Three other commenters
urged the Agencies to delay the
implementation of proposed Schedule
RC–P to provide more lead time to
prepare for it. Another commenter
requested clear instructional guidance
for the information to be reported in this
new Call Report schedule. As discussed
in the following paragraph, the Agencies
have established a mortgage volume
threshold for reporting in Schedule RC–
P by banks with less than $1 billion in
total assets. The effective date of the
schedule has also been delayed from the
proposed March 31, 2006,
implementation date. The instructions
have been refined from those included
in the proposal.
Schedule RC–P is to be completed by
(1) all banks with $1 billion or more in
total assets 3 and (2) banks with less
than $1 billion in total assets whose
closed-end 1–4 family residential
mortgage banking activities exceed a
specified level. More specifically, if
either closed-end (first lien and junior
lien) 1–4 family residential mortgage
loan originations and purchases for
resale from all sources, loan sales, or
quarter-end loans held for sale exceed
$10 million for two consecutive
quarters, a bank with less than $1
billion in total assets must complete
Schedule RC–P beginning the second
quarter and continue to complete the
schedule through the end of the
calendar year. For example, for a bank
with less than $1 billion in total assets,
if the bank’s closed-end 1–4 family
residential mortgage loan originations
plus purchases for resale from all
sources exceeded $10 million during the
quarter ended June 30, 2006, and the
bank’s sales of such loans exceeded $10
million during the quarter ended
September 30, 2006, the bank would be
required to complete Schedule RC–P in
its September 30 and December 31,
2006, Call Reports. The level of the
bank’s mortgage banking activities
during the fourth quarter of 2006 and
the first quarter of 2007 would
determine whether it would need to
complete Schedule RC–P each quarter
during 2007 beginning March 31, 2007.
Retail originations of closed-end 1–4
family residential mortgage loans for
resale include those mortgage loans for
which the origination and underwriting
process was handled exclusively by the
3 The $1 billion asset size test is generally based
on the total assets reported on the Call Report
balance sheet (Schedule RC, item 12) as of June 30
of the preceding year. Banks with $1 billion or more
in total assets as of June 30, 2005, must complete
Schedule RC–P beginning September 30, 2006.
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bank or a consolidated subsidiary of the
bank. Therefore, retail originations
would exclude those closed-end 1–4
family residential mortgage loans for
which the origination and underwriting
process was handled in whole or in part
by another party, such as a
correspondent or mortgage broker, even
if the loan was closed in the name of the
bank or a consolidated subsidiary of the
bank. Such loans would be treated as
wholesale originations or purchases, as
would acquisitions of closed-end 1–4
family residential mortgage loans that
were closed in the name of a party other
than the bank or a consolidated
subsidiary of the bank. Closed-end 1–4
family residential mortgage loans
originated or purchased for the
reporting bank’s own loan portfolio
should be excluded from amounts
reported as originations or purchases for
resale in Schedule RC–P.
Closed-end 1–4 family residential
mortgage loans sold during the quarter
include those transfers of loans
originated or purchased for resale from
retail or wholesale sources that have
been accounted for as sales in
accordance with FASB Statement No.
140, i.e., those transfers where the loans
are no longer included in the bank’s
consolidated total assets. Sales of
closed-end 1–4 family residential
mortgage loans directly from the bank’s
loan portfolio during the quarter should
also be reported as loans sold.
Closed-end 1–4 family residential
mortgage loans held for sale at quarterend should be reported at the lower of
cost or fair value consistent with their
presentation in the Call Report balance
sheet. Such loans would include any
mortgage loans transferred at any time
from the bank’s loan portfolio to a heldfor-sale account that have not been sold
by quarter-end.
5. Amounts Payable and Receivable on
Credit Derivatives
Banks with credit derivatives
currently report the notional amount
and fair value of these instruments in
item 7 of Schedule RC–L, ‘‘Derivatives
and Off-Balance Sheet Instruments.’’
The Agencies will add new items 7.c.(1)
and (2) to Schedule RC–L to collect
information on the maximum amounts
that the reporting bank can collect or
must pay on the credit derivatives it has
entered into. One commenter requested
further clarification regarding what is
meant by ‘‘maximum’’ in this context
and the agencies will make such a
clarification.
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B. Other Revisions
sroberts on PROD1PC70 with NOTICES
1. Officer and Director Signature
Requirements
Several commenters expressed
concern regarding the Agencies’
proposal to revise the Call Report’s
existing officer declaration to require
that the report be signed by each bank’s
chief executive officer (or the person
performing similar functions) and chief
financial officer (or the person
performing similar functions) rather
than by an ‘‘authorized officer.’’ Under
the proposal, the officer declaration was
also to be revised to state that these
officers are responsible for establishing
and maintaining internal control over
financial reporting, including controls
over regulatory reports. In addition, the
Agencies proposed to revise the director
attestation to require that the directors
who sign the Call Report be members of
the bank’s audit committee, if one
exists. Commenters indicated that it
would be difficult to obtain the required
review and signatures of the audit
committee members, chief executive
officer, and chief financial officer in the
short timeframe allowed for completion
and submission of the Call Report.
Several commenters also expressed
concern that the Agencies were trying to
impose certification and internal control
standards similar to those contained in
the Sarbanes-Oxley Act of 2002 for
compliance with regulatory reporting
guidelines. However, statutory
requirements already specify that the
Call Report must be signed by an
authorized officer of the bank and
attested to by not less than two directors
(trustees) for state nonmember banks
and three directors for national and state
member banks. These statutes further
require that, in signing the Call Report,
the officer and directors address the
correctness of the reported information.
The statutes also recognize that banks
are responsible for maintaining
procedures to ensure the accuracy of
this information.
After considering the comments
received, the Agencies are revising the
existing officer signature requirement so
that the Call Report must be signed by
the bank’s chief financial officer (or the
individual performing an equivalent
function) rather than by any authorized
officer of the bank. In signing the
Reports of Condition and Income, the
chief financial officer would attest that
the reports have been prepared in
conformance with the instructions and
are true and correct to the best of the
officer’s knowledge and belief. The
requirement for signatures by directors
would not be changed (i.e., the directors
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signing the Call Report need not be
members of the bank’s audit committee).
The introductory paragraph preceding
the statements concerning the
preparation of the Call Report that must
be signed by the chief financial officer
and two or three directors will note that
each bank’s board of directors and
senior management are responsible for
establishing and maintaining an
effective system of internal control,
including controls over the Reports of
Condition and Income. (This language
concerning internal control does not
appear in the statements to be signed by
the chief financial officer and the
directors.) Similar references to the
responsibility of the board and senior
management for the internal control
system are contained in the Agencies’
March 2003 Interagency Policy
Statement on the Internal Audit
Function and Its Outsourcing. Internal
control and its relationship to timely
and accurate regulatory reports are also
addressed in the Interagency Guidelines
Establishing Standards for Safety and
Soundness.
Call Report Revisions To Be
Implemented March 31, 2007 (and
2008)
A. Revisions of Existing Items and New
Items
1. Construction, Land Development, and
Other Land Loans
At present, banks report the total
amount of their ‘‘Construction, land
development, and other land loans’’ in
the loan schedule (Schedule RC–C, part
I, item 1.a) and they also disclose the
amount of these loans that are past due
30 days or more or in nonaccrual status
(Schedule RC–N, item 1.a) and that have
been charged off and recovered
(Schedule RI–B, part I, item 1.a). The
agencies proposed to split the existing
item for ‘‘Construction, land
development, and other land loans’’ in
these three schedules into separate
items for ‘‘1–4 family residential
construction, land development, and
other land loans’’ and ‘‘Other
construction, land development, and
other land loans.’’ In addition, the
agencies would similarly split the item
for ‘‘Commitments to fund commercial
real estate, construction, and land
development loans secured by real
estate’’ in the off-balance sheet items
schedule (Schedule RC–L, item 1.c.(1))
into two items.
A significant number of commenters
expressed concern about the burden
associated with distinguishing 1–4
family residential construction loans
from other loans currently reported in
the existing construction loan category
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8655
and making the system changes that
would be required to provide this
information, particularly in light of the
relatively short timeframe banks would
be provided to make these changes, i.e.,
by March 31, 2006, under the proposal.
One other commenter, a nonbanking
trade group, recommended that all
residential construction loans, both 1–4
family and multifamily, be segregated
from other construction loans and that
banks separately report data on 1–4
family and multifamily residential
construction loans. Based on the
comments received, the Agencies are
retaining a two-way breakout of
‘‘Construction, land development, and
other land loans,’’ but are clarifying the
scope of the two new loan categories
and implementing the changes in two
phases through March 31, 2008. The
changes will take effect March 31, 2007,
for (1) all banks with $300 million or
more in total assets as of December 31,
2005, or with foreign offices, and (2)
banks without foreign offices and with
less than $300 million in total assets
whose total construction, multifamily,
and nonfarm nonresidential real estate
loans (Schedule RC–C, sum of items 1.a,
1.d, and 1.e) is greater than 150 percent
of total equity capital (Schedule RC,
item 28) as of December 31, 2005. Banks
with less than $300 million in total
assets that do not meet this percentage
test will begin reporting the breakdown
of their construction loans as of March
31, 2008.
The Agencies are splitting the existing
construction loan item in schedules RC–
C, RC–N, and RI–B into separate items
for ‘‘1–4 family residential construction
loans’’ and ‘‘Other construction loans
and all land development and other
land loans.’’ In addition, the Agencies
will split the existing item for
commitments to fund commercial real
estate, construction, and land
development loans secured by real
estate in Schedule RC–L into separate
items for ‘‘1–4 family residential
construction loan commitments’’ and
‘‘Commercial real estate, other
construction loan, and land
development loan commitments.’’
‘‘1–4 family residential construction
loans’’ are those loans for the purpose
of constructing 1–4 family residential
properties, which will secure the loan.
The term ‘‘1–4 family residential
properties’’ is defined in Schedule RC–
C, part I, item 1.c. The new loan
category for ‘‘1–4 family residential
construction loans’’ would exclude
loans for the development of building
lots and loans secured by vacant land,
unless the same loan finances the
construction of 1–4 family residential
properties on the property.
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2. Loans Secured by Nonfarm
Nonresidential Properties
Banks currently report the total
amount of their loans ‘‘Secured by
nonfarm nonresidential properties’’ in
the loan schedule (Schedule RC–C, part
I, item 1.e) along with the amounts of
these loans that are past due 30 days or
more or in nonaccrual status (Schedule
RC–N, item 1.e) and the amounts that
have been charged off and recovered
(Schedule RI–B, part I, item 1.e). The
agencies proposed to split the existing
item for loans ‘‘Secured by nonfarm
nonresidential properties’’ in these three
schedules into separate items for loans
secured by owner-occupied nonfarm
nonresidential properties and loans
secured by other nonfarm
nonresidential properties.
A significant number of commenters
expressed concern about the burden of
the nonfarm nonresidential real estate
loan proposal similar to that discussed
above with respect to construction
loans. One commenter noted in
particular the difficulties in determining
how ‘‘mixed-use’’ properties should be
categorized in the Call Report loan
schedule. Commenters also expressed
concern about the relatively short
timeframe banks would be provided to
make these changes, i.e., by March 31,
2006, under the proposal. Based on the
comments received, the Agencies are
modifying the scope of the two new
loan categories and implementing the
changes in two phases through March
31, 2008, in a manner consistent with
the phase-in schedule for the
construction loan items listed above. As
with the changes for construction loans
discussed above, the changes for
nonfarm nonresidential real estate loans
will take effect March 31, 2007, for (1)
all banks with $300 million or more in
total assets as of December 31, 2005, or
with foreign offices, and (2) banks
without foreign offices and with less
than $300 million in total assets whose
total construction, multifamily, and
nonfarm nonresidential real estate loans
(Schedule RC–C, sum of items 1.a, 1.d,
and 1.e) is greater than 150 percent of
total equity capital (Schedule RC, item
28) as of December 31, 2005. Banks with
less than $300 million in total assets
that do not meet this percentage test
will begin reporting the breakdown of
their nonfarm nonresidential real estate
loans as of March 31, 2008.
The new category for ‘‘Loans secured
by other nonfarm nonresidential
properties’’ includes those nonfarm
nonresidential real estate loans where
the primary or a significant source of
repayment is derived from rental
income associated with the property
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(i.e., loans for which 50 percent or more
of the source of repayment comes from
third party, nonaffiliated, rental income)
or the proceeds of the sale, refinancing,
or permanent financing of the property.
Thus, the primary or a significant source
of repayment for ‘‘Loans secured by
owner-occupied nonfarm nonresidential
properties’’ is the cash flow from the
ongoing operations and activities
conducted by the party, or an affiliate of
the party, who owns the property, rather
than from third party, nonaffiliated,
rental income or the proceeds of the
sale, refinancing, or permanent
financing of the property. The
determination as to whether a property
is considered ‘‘owner-occupied’’ should
be made upon acquisition (origination
or purchase) of the loan. However, for
purposes of determining whether
existing nonfarm nonresidential real
estate loans should be reported as
‘‘owner-occupied’’ beginning March 31,
2007, or 2008, banks may consider the
source of repayment either when the
loan was acquired or based on the most
recent available information. Once a
bank determines whether a loan should
be reported as ‘‘owner-occupied’’ or not,
this determination need not be reviewed
thereafter.
3. Retail and Commercial Leases
Banks with foreign offices or with
$300 million or more in total assets
currently report a breakdown of their
lease financing receivables between
those from U.S. and non-U.S. addressees
in Schedule RC–C, part I, items 10.a and
10.b. Addressee information on leases is
also reported in the past due and
nonaccrual schedule (Schedule RC–N,
item 8 on the FFIEC 031 and
Memorandum item 3.d on the FFIEC
041) and on the charge-offs and
recoveries schedule (Schedule RI–B,
part I, item 8 on the FFIEC 031 and
Memorandum item 2.d on the FFIEC
041).4 The Agencies are replacing the
existing addressee breakdown of leases
with a breakdown between retail
(consumer) leases and commercial
leases in these three Call Report
schedules effective March 31, 2007.
Retail (consumer) leases would be
defined in a manner similar to
consumer loans, i.e., as leases to
individuals for household, family, and
other personal expenditure purposes.
Commercial leases would encompass all
other lease financing receivables. The
only commenter who specifically
addressed the proposed revision to the
4 Banks with domestic offices only and less than
$300 million in total assets are not required to
provide this breakdown.
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reporting of leases did not foresee any
difficulty with the change.
4. Income From Annuity Sales,
Investment Banking, Advisory,
Brokerage, and Underwriting
In the Call Report income statement
(Schedule RI), banks currently report
commissions and fees from sales of
annuities (fixed, variable, and deferred)
and related referral and management
fees in one of three items: Income from
sales of annuities by a bank’s trust
department (or a consolidated trust
company subsidiary) that are executed
in a fiduciary capacity is reported in
‘‘Income from fiduciary activities’’
(Schedule RI, item 5.a); income from
sales of annuities to bank customers by
a bank’s securities brokerage subsidiary
is reported in ‘‘Investment banking,
advisory, brokerage, and underwriting
fees and commissions’’ (Schedule RI,
item 5.d); and income from all other
annuity sales is reported in ‘‘Income
from other insurance activities’’
(Schedule RI, item 5.h.(2)). Existing item
5.d also collects the amount of
noninterest income from a variety of
other activities.
To better distinguish between banks’
noninterest income from investment
banking (dealer) activities and their
sales (brokerage) activities, the Agencies
are revising the noninterest income
section of the Call Report income
statement effective March 31, 2007. A
new item will be added for ‘‘Fees and
commissions from annuity sales,’’
which will include income from sales of
annuities and related referral and
management fees (other than income
from sales by a bank’s trust department
or a consolidated trust company
subsidiary executed in a fiduciary
capacity, which will continue to be
reported in Schedule RI, item 5.a).
Existing item 5.d will be replaced by
separate items for ‘‘Fees and
commissions from securities brokerage’’
and ‘‘Investment banking, advisory, and
underwriting fees and commissions.’’
Securities brokerage income would
include fees and commissions from
sales of mutual funds and from
purchases and sales of other securities
and money market instruments for
customers (including other banks)
where the bank is acting as agent. Other
than moving annuity-related income to
the new item for such income, there
would be no other changes to the
existing item 5.h.(2), ‘‘Income from
other insurance activities.’’ In
connection with these changes, the
items in the noninterest income section
of the Call Report income statement
(Schedule RI) would be renumbered.
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Federal Register / Vol. 71, No. 33 / Friday, February 17, 2006 / Notices
One commenter, an insurance
consultant, supported the proposed
income statement changes relating to
income from annuity sales, securities
brokerage, and investment banking.
However, this commenter also
recommended that banks report
additional detail on income from
annuity sales, a change that the
Agencies are not implementing.
sroberts on PROD1PC70 with NOTICES
5. Income From 1–4 Family Residential
Mortgage Banking Activities
In new Schedule RC–P on 1–4 family
residential mortgage banking activities,
which will begin to be completed by
certain banks beginning September 30,
2006, an item will be added to the
schedule on March 31, 2007, to collect
data on noninterest income generated
from these activities. New item 5 of
Schedule RC–P, ‘‘Noninterest income
for the quarter from the sale,
securitization, and servicing of closedend 1–4 family residential mortgage
loans,’’ will capture the portion of a
bank’s ‘‘Net servicing fees,’’ ‘‘Net
securitization income,’’ and ‘‘Net gains
(losses) on sales of loans and leases’’
(current items 5.f, 5.g, and 5.i of
Schedule RI) earned during the quarter
that is attributable to 1–4 family
residential mortgage loans. The March
31, 2007, effective date for this new
Schedule RC–P item responds to
commenters’ request that the Agencies
delay the implementation of this
schedule from its proposed March 31,
2006, effective date.
6. Revenues From Credit Derivatives
and Related Exposures
In Schedule RI, Memorandum item 8,
banks that reported average trading
assets of $2 million or more for any
quarter of the preceding calendar year
currently provide a four-way breakdown
of trading revenue by type of risk
exposure: interest rate, foreign
exchange, equity, and commodity.
Although banks also trade credit
derivatives and credit cash instruments,
there is no specific existing category in
which to report the revenue from these
trading activities. Accordingly, the
Agencies proposed to add a new risk
exposure category to Memorandum item
8 for credit derivatives.
One commenter stated that adding
credit derivatives to the breakdown of
trading revenue by type of exposure
may not be meaningful because credit
derivative positions are often hedged
with cash instruments. After
considering this comment, the Agencies
have modified their proposal and will
instead add a new risk exposure
category for credit-related exposures
effective March 31, 2007. In this new
VerDate Aug<31>2005
18:51 Feb 16, 2006
Jkt 208001
Memorandum item 8.e, a bank should
report its net gains (losses) from trading
cash instruments and derivative
contracts that it manages as credit
exposures. The sum of Memorandum
items 8.a through 8.e must equal the
amount of trading revenue reported in
the Call Report income statement in
Schedule RI, item 5.c.
The Agencies are also adding new
Memorandum items 9.a and 9.b to
Schedule RI, ‘‘Income Statement,’’ as of
March 31, 2007, in which banks must
report the net gains (losses) recognized
in earnings on credit derivatives that
economically hedge credit exposures
held outside the trading account,
regardless of whether the credit
derivative is designated as and qualifies
as a hedging instrument under generally
accepted accounting principles. Credit
exposures outside the trading account
include, for example, nontrading assets
(such as available-for-sale securities or
loans held for investment) and unused
lines of credit. To address the
commenter’s concern about the use of
credit derivatives for hedging, banks
will report such net gains (losses) on
credit derivatives held for trading in
Memorandum item 9.a and on credit
derivatives held for purposes other than
trading in Memorandum item 9.b. Thus,
those net gains (losses) on credit
derivatives reported in Schedule RI,
Memorandum item 9.a, will also have
been included in the amount reported in
new Memorandum item 8.e of Schedule
RI.
8657
Comments submitted in response to
this joint notice will be shared among
the Agencies. All comments will
become a matter of public record.
Written comments should address the
accuracy of the burden estimates and
ways to minimize burden as well as
other relevant aspects of the information
collection request.
Dated: February 10, 2006.
Stuart E. Feldstein,
Assistant Director, Legislative and Regulatory
Activities Division, Office of the Comptroller
of the Currency.
Board of Governors of the Federal Reserve
System, February 13, 2006.
Jennifer J. Johnson,
Secretary of the Board.
Dated at Washington, DC this 10th day of
February, 2006.
Federal Deposit Insurance Corporation.
Valerie J. Best,
Assistant Executive Secretary.
[FR Doc. 06–1495 Filed 2–16–06; 8:45am]
BILLING CODE 4810–33–P, 6210–01–P, 6714–01–P
DEPARTMENT OF THE TREASURY
Fiscal Service
Surety Companies Acceptable on
Federal Bonds: Name Change and
Change in State of Incorporation—The
Explorer Insurance Company
III. Request for Comment
Financial Management Service,
Fiscal Service, Department of the
Treasury.
ACTION: Notice.
Public comment is requested on all
aspects of this joint notice. In addition,
comments are invited on:
(a) Whether the proposed revisions to
the Call Report collections of
information 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.
SUMMARY: This is Supplement No. 7 to
the Treasury Department Circular 570,
2005 Revision, published July 1, 2005,
at 70 FR 38502.
FOR FURTHER INFORMATION CONTACT:
Surety Bond Branch at (202) 874–6507.
SUPPLEMENTARY INFORMATION: The
Explorer Insurance Company, an
Arizona corporation, has formally
changed its name to Explorer Insurance
Company, and has redomesticated from
the state of Arizona to the state of
California, effective September 27, 2005.
The Company was last listed as an
acceptable surety on Federal bonds at 70
FR 38516, July 1, 2005.
A Certificate of Authority as an
acceptable surety on Federal bonds,
dated today, is hereby issued under
Sections 9304 to 9308 of Title 31 of the
United States Code, to Explorer
Insurance Company, San Diego,
California. This new Certificate replaces
the Certificate of Authority issued to the
Company under its former name. The
underwriting limitation of $2,552,000
established for the Company as of July
PO 00000
Frm 00095
Fmt 4703
Sfmt 4703
AGENCY:
E:\FR\FM\17FEN1.SGM
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Agencies
[Federal Register Volume 71, Number 33 (Friday, February 17, 2006)]
[Notices]
[Pages 8649-8657]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1495]
[[Page 8649]]
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DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
FEDERAL RESERVE SYSTEM
FEDERAL DEPOSIT INSURANCE CORPORATION
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); and Federal
Deposit Insurance Corporation (FDIC).
ACTION: Notice of information collection to be submitted to OMB for
review and approval under the Paperwork Reduction Act.
-----------------------------------------------------------------------
SUMMARY: In accordance with the requirements of the Paperwork Reduction
Act of 1995 (44 U.S.C. chapter 35), the OCC, the Board, and the FDIC
(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 August 23, 2005, the Financial Institutions
Examination Council (FFIEC), of which the Agencies are members,
requested public comment for 60 days on proposed revisions to the
Consolidated Reports of Condition and Income (Call Report), which are
currently approved collections of information. After considering the
comments, the FFIEC has modified some of the proposed changes and will
stagger the effective dates of the revisions from March 31, 2006,
through March 31, 2008. The burden-reducing revisions included in the
proposal will be implemented March 31, 2006, as proposed.
DATES: Comments must be submitted on or before March 20, 2006.
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 may submit comments, identified by [Attention: 1557-0081],
by any of the following methods:
E-mail: regs.comments@occ.treas.gov. Include [Attention:
1557-0081] in the subject line of the message.
Fax: (202) 874-4448.
Mail: Public Information Room, Office of the Comptroller
of the Currency, 250 E Street, SW., Mailstop 1-5, Washington, DC 20219;
Attention: 1557-0081.
Public Inspection: You may inspect and photocopy comments at the
Public Information Room. You can make an appointment to inspect the
comments by calling (202) 874-5043.
Board: You may submit comments, which should refer to
``Consolidated Reports of Condition and Income, 7100-0036,'' by any of
the following methods:
Agency Web site: https://www.federalreserve.gov. Follow the
instructions for submitting comments on the https://
www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: regs.comments@federalreserve.gov. Include docket
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
https://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: https://www.FDIC.gov/regulations/laws/
federal/notices.html.
E-mail: comments@FDIC.gov. Include ``Consolidated Reports
of Condition and Income, 3064-0052'' in the subject line of the
message.
Mail: Steven F. Hanft (202-898-3907), Paperwork Clearance
Officer, Room MB-3064, 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 https://www.fdic.gov/regulations/laws/federal/notices.html
including any personal information provided. Comments may be inspected
at the FDIC Public Information Center, Room E-1002, 3502 North Fairfax
Drive, Arlington, VA 22226, between 9 a.m. and 5 p.m. on business days.
Additionally, commenters should 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
Call Report forms can be obtained at the FFIEC's Web site (https://
www.ffiec.gov/ffiec_report_forms.htm).
OCC: Mary Gottlieb, OCC Clearance Officer, or Camille Dickerson,
(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. Long, Federal Reserve 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: Steven F. Hanft, Paperwork Clearance Officer, (202) 898-3907,
Legal Division, Federal Deposit Insurance Corporation, 550 17th Street,
NW., Washington, DC 20429.
SUPPLEMENTARY INFORMATION: The Agencies are requesting OMB approval to
revise and extend for three years the Call Report, which is currently
an approved collection of information for each of the Agencies.
Report Title: Consolidated Reports of Condition and Income (Call
Report).
Form Number: 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: 1,900 national banks.
Estimated Time per Response: 43.73 burden hours (incorporates a
reduction
[[Page 8650]]
of 4.47 hours resulting from the completion of testing and enrollment
in the Central Data Repository (CDR) in 2005 and an average net
increase of 1.81 hours for the Call Report revisions to be phased in
from March 2006 to March 2008).
Estimated Total Annual Burden: 332,331 burden hours.
Board:
OMB Number: 7100-0036.
Estimated Number of Respondents: 919 state member banks.
Estimated Time per Response: 50.69 burden hours (incorporates a
reduction of 4.01 hours resulting from the completion of testing and
enrollment in the CDR in 2005 and an average net increase of 2.32 hours
for the Call Report revisions to be phased in from March 2006 to March
2008).
Estimated Total Annual Burden: 186,321 burden hours.
FDIC:
OMB Number: 3064-0052.
Estimated Number of Respondents: 5,247 insured state nonmember
banks.
Estimated Time per Response: 34.94 burden hours (incorporates a
reduction of 4.16 hours resulting from the completion of testing and
enrollment in the CDR in 2005 and an average net increase of 2.00 hours
for the Call Report revisions to be phased in from March 2006 to March
2008).
Estimated Total Annual Burden: 733,321 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 625 hours per quarter,
depending on an individual institution's circumstances.
Furthermore, the effect on reporting burden of the revisions to the
Call Report requirements will vary from institution to institution
depending, in some cases, on the institution's asset size and, in other
cases, on its involvement with the types of activities or transactions
to which the changes apply.
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), and 12 U.S.C.
1817 (for insured state nonmember commercial and savings banks). Except
for selected items, these information collections are not given
confidential treatment.
Abstract
Institutions file Call Reports with 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. In
addition, Call Reports provide the most current statistical data
available for evaluating institutions' corporate applications such as
mergers, for identifying areas of focus for both on-site and off-site
examinations, and for monetary and other public policy purposes. Call
Reports are also used to calculate all institutions' deposit insurance
and Financing Corporation assessments and national banks' semiannual
assessment fees.
Current Actions
I. Overview
On August 23, 2005, the Agencies requested comment on proposed
revisions to the Call Report. The proposed effective date for all of
the revisions was March 31, 2006. After considering the comments, the
Agencies approved several modifications to the initial set of proposed
revisions and decided to phase-in the changes beginning March 31, 2006,
through March 31, 2008, to provide banks sufficient time to make system
and processing changes. The Agencies will move forward with reporting
changes on March 31, 2006, that primarily consist of deletions,
revisions to the reporting of international income, and certain new
data on credit derivatives. The Agencies will delay the implementation
for certain items providing additional detail on balance sheet items,
mortgage banking activities, and credit derivatives to September 30,
2006, and other items providing additional detail on income statement
items and certain loans to March 31, 2007. The Agencies will also
further delay implementation of certain loan items for small banks that
meet specified criteria to March 31, 2008. In addition, revised officer
signature requirements also take effect September 30, 2006.
The Agencies collectively received comments from 30 respondents: 21
banks and banking organizations, 3 national banking trade groups and
other bankers' organizations, 2 insurance consultants, a nonbanking
trade group, a government agency, a data processing company, and a
federal bank examiner.
Many of the commenters were concerned with the reporting burden
being imposed by the changes and questioned whether the costs of the
proposed changes outweighed the perceived supervisory benefit. Two
commenters recommended the Agencies consider collecting different types
of data on different frequencies for banks of different asset sizes.
Several commenters expressed concerns about the accuracy of the
Agencies' burden estimates, especially those associated with the CDR
testing and enrollment. Other commenters recommended the Agencies
reassess the importance of all supplemental schedule information to the
Agencies' supervisory and other responsibilities and prioritize the
collection of this data based on relative risk.
Other commenters cited concerns with the relatively short
implementation time-frame that the Agencies were providing banks to
make the proposed changes. In particular, many of the commenters
objected to the proposal to split ``Construction, land development, and
other land loans'' (CLD&OL loans) into separate categories for 1-4
family residential CLD&OL loans and all other CLD&OL loans, and to
split loans ``Secured by nonfarm nonresidential properties''
(commercial real estate loans) into separate categories for owner-
occupied and other commercial real estate loans based on reporting
burden related considerations. Other commenters objected to the
proposed changes to the officer and director signature and attestation
requirements based on burden and the perceived minimal benefit to the
supervisory process. Three commenters requested that the Agencies
consider materiality when proposing to collect further information on
Federal Home Loan Bank advances and other supplemental and memorandum
information. These commenters suggested imposing a minimum reporting
threshold for certain information. Commenters also requested
clarification on the maximum amount payable and receivable for credit
derivatives and the meaningfulness of breaking out the trading revenue
from credit derivatives.
One commenter recommended a change to the reporting of deposits of
``Individuals, partnerships, and corporations,'' which banks currently
report in item 1 of Schedule RC-E, ``Deposits.'' The Agencies did not
propose to make any changes to this category of depositor. The
commenter recommended separating this category into three subcategories
for ``Individuals,'' ``Sole proprietorships and partnerships,'' and
``Corporations.'' At present, the Agencies'' supervisory and other
primary mission objectives can be effectively accomplished without the
additional breakouts recommended by the commenter. Therefore, the
Agencies are not proposing to add any
[[Page 8651]]
additional breakouts for categories of depositors at this time.
A summary of the Agencies' responses to the comments and the final
revisions are presented below.
II. Discussion of Revisions
Overall Reporting Burden
In March 2001, the Agencies revised the Call Report from four
versions (FFIEC 031, 032, 033, and 034) to the existing two versions
(FFIEC 031 and 041). A major reason for this change was to reduce
burden and to more closely align the information collected in the Call
Report to the Agencies' supervisory and other public policy objectives.
Since that time, the Agencies have made efforts to target revisions to
those areas of highest importance to these objectives. The Agencies
realize that institutions of different sizes incur different amounts of
burden and the estimates of burden hours are intended to reflect the
average burden per institution. As indicated above following the
Agencies' individual burden estimates as well as on the second page of
the Call Report forms, the range of burden for the Call Report is
estimated to be from 16 to 625 hours per response. The burden
associated with the testing of and enrollment in the CDR was filed with
OMB in 2004 when testing began and is required to be removed from the
Agencies' records with OMB since this CDR-related burden is no longer
applicable. As stated in the initial Federal Register notice, the
Agencies have recently conducted a careful review of the information
needed to accomplish the Agencies' supervisory and other public policy
objectives and have proposed to delete those items determined to be no
longer critical to this mission.
Call Report Revisions Effective as of the March 31, 2006, Report Date
A. Burden-Reducing Revisions
Several commenters supported (or did not oppose) the four proposed
burden-reducing revisions discussed below, but one commenter stated
that these revisions would not meaningfully reduce burden.
1. Uninsured Deposits
Banks with less than $1 billion in total assets will no longer be
required to complete Memorandum item 2, ``Estimated amount of uninsured
deposits,'' in Schedule RC-O, ``Other Data for Deposit Insurance and
FICO Assessments.'' Banks with $1 billion or more in total assets will
continue to report this estimate in Memorandum item 2. To determine
whether a bank must complete Memorandum item 2 during 2006, the $1
billion asset size test is based on the total assets reported on the
bank's Call Report balance sheet for June 30, 2005. Each year
thereafter, this asset size test will be determined based on the total
assets reported in the previous year's June 30 Call Report. Once a bank
surpasses the $1 billion total asset threshold, it must continue to
report its estimated uninsured deposits regardless of subsequent
changes in its total assets. When estimating the uninsured portion of
its deposits, a bank with $1 billion or more in total assets should
base its estimate on data that are readily available from the
information systems and other records pertaining to its deposits that
the bank has in place.
2. Holdings of Asset-Backed Securities
Banks with domestic offices only and less than $1 billion in total
assets will no longer provide a six-way breakdown of their holdings of
asset-backed securities (not held for trading purposes) in Schedule RC-
B, ``Securities,'' items 5.a through 5.f. Instead, these banks would
report only their total holdings of asset-backed securities in Schedule
RC-B, item 5. Banks with foreign offices and other banks with $1
billion or more in total assets will continue to report the existing
breakdown of their asset-backed securities, but this information will
be collected in new Memorandum items 5.a through 5.f of Schedule RC-B.
The $1 billion asset size test will be applied in the same manner as
discussed above under Uninsured Deposits.
3. Impact of Derivatives on Income
In Schedule RI, ``Income Statement,'' the Agencies are eliminating
Memorandum items 9.a through 9.c, which collect data on the ``Impact on
income of derivatives held for purposes other than trading.'' These
Memorandum items are currently reported by banks with foreign offices
or with $100 million or more in total assets.
4. Bankers Acceptances
The following items for reporting information on bankers
acceptances will be eliminated:
Schedule RC, ``Balance Sheet''
[cir] Item 9, ``Customers' liability to this bank on acceptances
outstanding''
[cir] Item 18, ``Bank's liability on acceptances executed and
outstanding''
Schedule RC-L, ``Derivatives and Off-Balance Sheet
Items,'' item 5, ``Participations in acceptances conveyed to others by
the reporting bank''
Schedule RC-H, ``Selected Balance Sheet Items for Domestic
Offices'' (FFIEC 031 only)
[cir] Item 1, ``Customers' liability to this bank on acceptances
outstanding''
[cir] Item 2, ``Bank's liability on acceptances executed and
outstanding''
With the elimination of separate balance sheet items for
acceptances on Schedule RC, banks should include any acceptance assets
and acceptance liabilities in ``Other assets'' (Schedule RC, item 11)
and ``Other liabilities'' (Schedule RC, item 20), respectively.
B. Revisions of Existing Items and New Items
1. Life Insurance Assets
At present, banks include their holdings of life insurance assets
(e.g., the cash surrender value reported to the bank by the insurance
carrier, less any applicable surrender charges not reflected by the
carrier in this reported value) in Schedule RC-F, ``Other Assets,''
item 5, ``All other assets.'' If the carrying amount of a bank's life
insurance assets included in item 5 is greater than $25,000 and exceeds
25 percent of its ``All other assets,'' the bank must disclose this
carrying amount in Schedule RC-F, item 5.b. Schedule RC-F will be
revised by adding a new item 5 in which all banks will report their
holdings of life insurance assets. Existing item 5, ``All other
assets,'' in Schedule RC-F will be renumbered as item 6. Commenters
specifically addressing this reporting change either supported it or
indicated it would not present problems.
For purposes of reporting ``Life insurance assets'' in new item 5
of Schedule RC-F, banks should include the cash surrender value of life
insurance reported by the insurance carrier, less any applicable
surrender charges not reflected by the carrier in this reported value,
on all forms of permanent life insurance policies owned by the bank,
its consolidated subsidiaries, and grantor (rabbi) trusts established
by the bank or its consolidated subsidiaries, regardless of the
purposes for acquiring the insurance and regardless of whether the
insurance is a general account obligation of the insurer or a separate
account obligation of the insurer. Permanent life insurance refers to
whole and universal life insurance, including variable universal life
insurance. Purposes for which insurance may be acquired include
offsetting pre- and post-retirement costs for employee compensation and
benefit plans, protecting against the loss of key persons, and
providing retirement and death benefits to employees. Include as
[[Page 8652]]
life insurance assets the bank's interest in insurance policies under
split-dollar life insurance arrangements with directors, officers, and
employees under both the endorsement and collateral assignment methods.
2. Credit Derivatives by Type and Remaining Maturity
In item 7 of Schedule RC-L, ``Derivatives and Off-Balance Sheet
Items,'' banks currently report the notional amounts of the credit
derivatives on which they are the guarantor and on which they are the
beneficiary as well as the gross positive and negative fair values of
these credit derivatives. These existing items will be revised so that
banks with credit derivatives will provide a breakdown of these
notional amounts by type of credit derivative--credit default swaps,
total return swaps, credit options, and other credit derivatives--in
items 7.a.(1) through 7.a.(4) of Schedule RC-L, with those on which the
bank is the guarantor reported in column A and those on which the bank
is the beneficiary in column B. Banks will continue to separately
report the gross positive and negative fair values of credit
derivatives on which they are the guarantor and the beneficiary without
a breakdown by type of credit derivative (items 7.b.(1) and 7.b.(2),
columns A and B).
In addition, banks currently present a maturity distribution for
six categories of derivative contracts that are subject to the risk-
based capital standards in Schedule RC-R, ``Regulatory Capital,''
Memorandum item 2. A new category will be added for credit derivatives
that are subject to these standards. The remaining maturities of these
credit derivatives will be reported separately for those where the
underlying reference asset is rated investment grade or, if not rated,
is the equivalent of investment grade under the bank's internal credit
rating system (Memorandum item 2.g.(1)) and those where the underlying
reference asset is rated below investment grade (``subinvestment
grade'') or, if not rated, is the equivalent of below investment grade
under the bank's internal credit rating system (Memorandum item
2.g.(2)).
None of the commenters specifically addressed these two reporting
changes.
3. Income From Foreign Offices
At present in the FFIEC 031 version of the Call Report, banks with
foreign offices whose international operations account for more than 10
percent of total revenues, total assets, or net income must complete
Schedule RI-D, ``Income from International Operations.'' Banks that
complete this schedule are currently directed to report estimates of
the amounts of their income and expense attributable to international
operations. These estimates must eliminate intrabank accounts and
should reflect all appropriate internal allocations of income and
expense.
Existing Schedule RI-D will be revised to capture income from
foreign offices (as that term is currently defined for Call Report
purposes) in place of income from ``international operations.'' The
schedule will be renamed ``Income from Foreign Offices'' and the
threshold for completing revised Schedule RI-D will continue to be
based on a 10 percent test, but the test would compare a bank's foreign
office revenues, assets, and net income to its consolidated total
revenues, total assets, and net income. Total revenues (net interest
income plus noninterest income) and net income will be determined from
the preceding calendar year (2005 for purposes of reporting in Schedule
RI-D beginning March 31, 2006) and total assets will be measured as of
the preceding calendar year end (December 31, 2005, for purposes of
reporting in Schedule RI-D beginning March 31, 2006).
The following categories of foreign office income and expense will
be reported in revised Schedule RI-D:
Total interest income.
Total interest expense.
Provision for loan and lease losses.
Trading revenue.
Investment banking, advisory, brokerage, and underwriting
fees and commissions.
Net securitization income.
All other noninterest income.
Realized gains (losses) on held-to-maturity and available-
for-sale securities.
Total noninterest expense.
Adjustments to pretax income in foreign offices for
internal allocations to foreign offices to reflect the effect of equity
capital on overall bank funding costs.
Applicable income taxes.
Extraordinary items and other adjustments, net of income
taxes.
Internal allocations of income and expense applicable to
foreign offices.
Eliminations arising from the consolidation of foreign
offices with domestic offices.
The amounts reported in the preceding income and expense categories
(except the categories for adjustments to pretax income, internal
allocations, and eliminations) are to be reported on a foreign office
consolidated basis, i.e., before eliminating the effects of
transactions with domestic offices, but after eliminating the effects
of transactions between foreign offices. This is a change from the
current Schedule RI-D approach under which amounts are reported net of
all intrabank transactions.
The Agencies received no comments specifically addressing the
proposed revisions to Schedule RI-D.
4. Standby Letters of Credit Issued by a Federal Home Loan Bank
Banks are currently required to report standby letters of credit
issued by a Federal Home Loan Bank on their behalf in Schedule RC-L,
item 9, ``All other off-balance sheet liabilities,'' when these letters
of credit exceed 10 percent of the bank's total equity capital. When
these letters of credit exceed 25 percent of total equity capital, the
amount must also be separately identified and disclosed in Schedule RC-
L. To facilitate the reporting and identification of these standby
letters of credit when the amount exceeds 25 percent of total equity
capital, banks with this volume of standby letters of credit issued by
a Federal Home Loan Bank will report them in Schedule RC-L, item 9.c.,
to which the Agencies are adding an appropriate preprinted caption.
No comments were received on this specific element of the Agencies'
proposal.
5. Scope of Securitizations To Be Included in Schedule RC-S
In column G of Schedule RC-S, ``Servicing, Securitization, and
Asset Sale Activities,'' banks report information on securitizations
and on asset sales with recourse or other seller-provided credit
enhancements involving loans (other than those covered in columns A
through F of the schedule) and all leases. Although the scope of
Schedule RC-S was intended to cover all of a bank's securitizations and
credit-enhanced asset sales, as currently structured column G does not
capture transactions involving assets other than loans and leases.
Therefore, the Agencies are revising the scope of column G to encompass
``All Other Loans, All Leases, and All Other Assets.'' As a result,
column G will begin to reflect securitization transactions involving
such assets as securities.
The Agencies received no comments on this change in scope.
C. Instructional Clarification for Servicing of Home Equity Lines
Banks report the outstanding principal balance of assets serviced
for others in Memorandum item 2 of Schedule RC-S, ``Servicing,
[[Page 8653]]
Securitization, and Asset Sale Activities.'' In Memorandum items 2.a
and 2.b, the amounts of 1-4 family residential mortgages serviced with
recourse and without recourse, respectively, are reported. Memorandum
item 2.c covers all other financial assets serviced for others, but
banks are required to report the amount of such servicing only if the
servicing volume is more than $10 million.
The Agencies will clarify the instructions by stating that
servicing of home equity lines should be included in Memorandum item
2.c. Memorandum items 2.a and 2.b should include servicing of closed-
end loans secured by first or junior liens on 1-4 family residential
properties only. The only commenter addressing this clarification
stated that it was reasonable.
Call Report Revisions Effective as of the September 30, 2006, Report
Date
A. Revisions of Existing Items and New Items
1. Federal Home Loan Bank Advances and Other Borrowings
Banks currently report separate breakdowns by remaining maturity of
Federal Home Loan Bank (FHLB) advances and other borrowings in Schedule
RC-M, items 5.a and 5.b., respectively. The Agencies proposed to add
two additional breakdowns of FHLB advances. The first would collect
data on four categories of advances: Fixed rate, variable rate,
callable structured advances, and other structured advances. The second
would collect data on advances by time remaining until the next
repricing date using four time intervals: One year or less, over one
year through three years, over three years through five years, and over
five years. In addition, the existing remaining maturity data for both
FHLB advances and other borrowings were to be modified by adding a new
remaining maturity period of over five years.
Three commenters suggested the Agencies limit the application of
certain information on FHLB advances to institutions whose FHLB
advances are material to their overall operations. In contrast, another
commenter, a banking trade group, stated that its members did not
believe it would be burdensome in most cases to provide the proposed
additional information. The Agencies evaluated various alternative
materiality thresholds for FHLB advances and concluded that, for many
institutions, such thresholds would effectively increase, rather than
reduce, the burden associated with providing the requested information.
Burden would effectively increase because these institutions would have
to assess whether they exceed the reporting threshold as of each report
date and would need to develop a system for capturing the information
whenever the threshold is exceeded. Once the threshold is exceeded
institutions would continue to report the information until the volume
of FHLB advances declined and remained below a threshold for a
sufficient period of time to indicate that the advances were no longer
an integral part of the institution's operations. Therefore, the
Agencies are not establishing a materiality threshold for these items.
Nevertheless, in response to commenters' concerns about burden, the
Agencies reconsidered the amount of data they proposed to collect on
FHLB advances and other borrowings and decided to modify their proposal
by reducing the amount of information to be reported by banks.
Thus, banks will separately report their FHLB advances and their
other borrowings based on the amount of time until the next repricing
date (one year or less, over one year through three years, over three
years through five years, and over five years) in items 5.a.(1)(a)-(d)
and 5.b.(1)(a)-(d) of Schedule RC-M, respectively.\1\ Banks will also
report the amounts of advances and other borrowings with a remaining
maturity of one year or less in items 5.a.(2) and 5.b.(2),
respectively, rather than the proposed four-period breakdown by
remaining maturity.
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\1\ The sum of Schedule RC-M, items 5.a.(1)(a)-(d) and items
5.b.(1)(a)-(d), must equal Schedule RC, item 16, ``Other borrowed
money.''
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In addition, banks will report only the amount of structured FHLB
advances included in their advances outstanding in item 5.a.(3) of
Schedule RC-M instead of the four-way breakdown of advances that had
been proposed. Structured advances are advances containing options.
Structured advances include (1) callable advances, i.e., fixed rate
advances that the FHLB has the option to call after a specified amount
of time, (2) convertible advances, i.e., fixed rate advances that the
FHLB has the option to convert to floating rate after a specified
amount of time, and (3) putable advances, i.e., fixed rate advances
that the bank has the option to prepay without penalty on a specified
date or dates. Any other advances that have caps, floors, or other
embedded derivatives should also be reported as structured advances.
2. Nonaccrual Assets
Two new items will be added to Schedule RC-N, ``Past Due and
Nonaccrual Loans, Leases, and Other Assets,'' pertaining to nonaccrual
assets: Memorandum item 7, ``Additions to nonaccrual assets during the
quarter,'' and Memorandum item 8, ``Nonaccrual assets sold during the
quarter.'' Identical items are already collected from bank holding
companies that file the Consolidated Financial Statements for Bank
Holding Companies (FR Y-9C). The one institution that specifically
commented on the proposed new nonaccrual items observed that, because
it files the FR Y-9C, these items would not create additional burden.
In Memorandum item 7, report the gross amount of all loans, leases,
debt securities, and other assets (net of unearned income) that have
been placed in nonaccrual status since the prior quarter-end. Include
those assets placed in nonaccrual status during the quarter that are
included as of the quarter-end report date in Schedule RC-N, column C,
items 1 through 9. Also include those assets placed in nonaccrual
status during the quarter that, before the current quarter-end, have
been sold, paid off, charged-off, settled through foreclosure or
concession of collateral (or any other disposition of the nonaccrual
asset) or have been returned to accrual status. In other words, the
gross amount of assets placed in nonaccrual status since the prior
quarter-end that should be reported in Memorandum item 7 should not be
reduced, for example, by any charge-offs or sales of such nonaccrual
assets. If a given asset is placed in nonaccrual status more than once
during the quarter, report the amount of the asset only once.
In Memorandum item 8, report the gross outstanding balance of all
loans, leases, debt securities, and other assets held in nonaccrual
status (i.e., reportable in Schedule RC-N, column C, items 1 through 9)
that were sold during the current quarter. The amount to be reported is
the outstanding balance of the asset at the time of the sale. Do not
include any gains or losses from the sale. For purposes of this item,
only include those nonaccrual asset sales that meet the criteria for a
sale as set forth in FASB Statement No. 140, Accounting for Transfers
and Servicing of Financial Assets and Extinguishments of Liabilities.
3. Secured Borrowings
The Agencies are adding two items to Schedule RC-M, ``Memoranda,''
in which banks will report the amount of their ``Federal funds
purchased'' (as reported in Schedule RC, item 14.a), and their ``Other
borrowings'' (as reported in Schedule RC-M, item 5.b) that are secured.
Two commenters specifically
[[Page 8654]]
addressed these proposed items. One did not object to these items, but
the other suggested that materiality thresholds be applied to the
reporting of these two items. Consistent with the discussion above
under FHLB advances and other borrowings, the Agencies decided against
establishing a materiality threshold for these items.
Banks should include in these items the amount of ``Federal funds
purchased'' and ``Other borrowings'' for which the bank (or a
consolidated subsidiary) has pledged securities, loans, or other assets
as collateral for the borrowings. Transfers of financial assets
accounted for as financing transactions because they do not satisfy the
criteria for sale accounting under FASB Statement No. 140, mortgages
payable on bank premises and other real estate owned, and obligations
under capitalized leases should be included as ``Secured other
borrowings.''
4. Closed-End 1-4 Family Residential Mortgage Banking Activities
The Agencies will add a new Schedule RC-P to the Call Report that
will contain a series of items that are focused on closed-end 1-4
family residential mortgage banking activities. The schedule will
include items for the principal amount of retail originations during
the quarter of mortgage loans for resale, wholesale originations and
purchases during the quarter of mortgage loans for resale, and mortgage
loans sold during the quarter. The schedule will also collect
information on the carrying amount of mortgage loans held for sale at
quarter-end. Data will be reported separately for first lien and junior
lien mortgages.\2\
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\2\ As will be discussed in the following section, an additional
item on noninterest income earned during the quarter from these
mortgage banking activities will be added to Schedule RC-P effective
March 31, 2007.
---------------------------------------------------------------------------
The Agencies proposed that Schedule RC-P would be completed by all
banks with $1 billion or more in total assets and that smaller banks
that are significantly involved in mortgage banking activities, as
determined by their primary federal regulator, could be directed by
their regulator to complete the schedule. One commenter stated that
this reporting approach for banks with less than $1 billion in total
assets could result in confusion and inconsistent treatment of such
banks. This commenter recommended against leaving the reporting
decision up to a bank's regulator, suggesting instead that a reporting
threshold by mortgage volume be established for banks with less than $1
billion in assets. This commenter also stated that data collection for
this new schedule would be time consuming and some information may need
to be compiled manually. Three other commenters urged the Agencies to
delay the implementation of proposed Schedule RC-P to provide more lead
time to prepare for it. Another commenter requested clear instructional
guidance for the information to be reported in this new Call Report
schedule. As discussed in the following paragraph, the Agencies have
established a mortgage volume threshold for reporting in Schedule RC-P
by banks with less than $1 billion in total assets. The effective date
of the schedule has also been delayed from the proposed March 31, 2006,
implementation date. The instructions have been refined from those
included in the proposal.
Schedule RC-P is to be completed by (1) all banks with $1 billion
or more in total assets \3\ and (2) banks with less than $1 billion in
total assets whose closed-end 1-4 family residential mortgage banking
activities exceed a specified level. More specifically, if either
closed-end (first lien and junior lien) 1-4 family residential mortgage
loan originations and purchases for resale from all sources, loan
sales, or quarter-end loans held for sale exceed $10 million for two
consecutive quarters, a bank with less than $1 billion in total assets
must complete Schedule RC-P beginning the second quarter and continue
to complete the schedule through the end of the calendar year. For
example, for a bank with less than $1 billion in total assets, if the
bank's closed-end 1-4 family residential mortgage loan originations
plus purchases for resale from all sources exceeded $10 million during
the quarter ended June 30, 2006, and the bank's sales of such loans
exceeded $10 million during the quarter ended September 30, 2006, the
bank would be required to complete Schedule RC-P in its September 30
and December 31, 2006, Call Reports. The level of the bank's mortgage
banking activities during the fourth quarter of 2006 and the first
quarter of 2007 would determine whether it would need to complete
Schedule RC-P each quarter during 2007 beginning March 31, 2007.
---------------------------------------------------------------------------
\3\ The $1 billion asset size test is generally based on the
total assets reported on the Call Report balance sheet (Schedule RC,
item 12) as of June 30 of the preceding year. Banks with $1 billion
or more in total assets as of June 30, 2005, must complete Schedule
RC-P beginning September 30, 2006.
---------------------------------------------------------------------------
Retail originations of closed-end 1-4 family residential mortgage
loans for resale include those mortgage loans for which the origination
and underwriting process was handled exclusively by the bank or a
consolidated subsidiary of the bank. Therefore, retail originations
would exclude those closed-end 1-4 family residential mortgage loans
for which the origination and underwriting process was handled in whole
or in part by another party, such as a correspondent or mortgage
broker, even if the loan was closed in the name of the bank or a
consolidated subsidiary of the bank. Such loans would be treated as
wholesale originations or purchases, as would acquisitions of closed-
end 1-4 family residential mortgage loans that were closed in the name
of a party other than the bank or a consolidated subsidiary of the
bank. Closed-end 1-4 family residential mortgage loans originated or
purchased for the reporting bank's own loan portfolio should be
excluded from amounts reported as originations or purchases for resale
in Schedule RC-P.
Closed-end 1-4 family residential mortgage loans sold during the
quarter include those transfers of loans originated or purchased for
resale from retail or wholesale sources that have been accounted for as
sales in accordance with FASB Statement No. 140, i.e., those transfers
where the loans are no longer included in the bank's consolidated total
assets. Sales of closed-end 1-4 family residential mortgage loans
directly from the bank's loan portfolio during the quarter should also
be reported as loans sold.
Closed-end 1-4 family residential mortgage loans held for sale at
quarter-end should be reported at the lower of cost or fair value
consistent with their presentation in the Call Report balance sheet.
Such loans would include any mortgage loans transferred at any time
from the bank's loan portfolio to a held-for-sale account that have not
been sold by quarter-end.
5. Amounts Payable and Receivable on Credit Derivatives
Banks with credit derivatives currently report the notional amount
and fair value of these instruments in item 7 of Schedule RC-L,
``Derivatives and Off-Balance Sheet Instruments.'' The Agencies will
add new items 7.c.(1) and (2) to Schedule RC-L to collect information
on the maximum amounts that the reporting bank can collect or must pay
on the credit derivatives it has entered into. One commenter requested
further clarification regarding what is meant by ``maximum'' in this
context and the agencies will make such a clarification.
[[Page 8655]]
B. Other Revisions
1. Officer and Director Signature Requirements
Several commenters expressed concern regarding the Agencies'
proposal to revise the Call Report's existing officer declaration to
require that the report be signed by each bank's chief executive
officer (or the person performing similar functions) and chief
financial officer (or the person performing similar functions) rather
than by an ``authorized officer.'' Under the proposal, the officer
declaration was also to be revised to state that these officers are
responsible for establishing and maintaining internal control over
financial reporting, including controls over regulatory reports. In
addition, the Agencies proposed to revise the director attestation to
require that the directors who sign the Call Report be members of the
bank's audit committee, if one exists. Commenters indicated that it
would be difficult to obtain the required review and signatures of the
audit committee members, chief executive officer, and chief financial
officer in the short timeframe allowed for completion and submission of
the Call Report.
Several commenters also expressed concern that the Agencies were
trying to impose certification and internal control standards similar
to those contained in the Sarbanes-Oxley Act of 2002 for compliance
with regulatory reporting guidelines. However, statutory requirements
already specify that the Call Report must be signed by an authorized
officer of the bank and attested to by not less than two directors
(trustees) for state nonmember banks and three directors for national
and state member banks. These statutes further require that, in signing
the Call Report, the officer and directors address the correctness of
the reported information. The statutes also recognize that banks are
responsible for maintaining procedures to ensure the accuracy of this
information.
After considering the comments received, the Agencies are revising
the existing officer signature requirement so that the Call Report must
be signed by the bank's chief financial officer (or the individual
performing an equivalent function) rather than by any authorized
officer of the bank. In signing the Reports of Condition and Income,
the chief financial officer would attest that the reports have been
prepared in conformance with the instructions and are true and correct
to the best of the officer's knowledge and belief. The requirement for
signatures by directors would not be changed (i.e., the directors
signing the Call Report need not be members of the bank's audit
committee).
The introductory paragraph preceding the statements concerning the
preparation of the Call Report that must be signed by the chief
financial officer and two or three directors will note that each bank's
board of directors and senior management are responsible for
establishing and maintaining an effective system of internal control,
including controls over the Reports of Condition and Income. (This
language concerning internal control does not appear in the statements
to be signed by the chief financial officer and the directors.) Similar
references to the responsibility of the board and senior management for
the internal control system are contained in the Agencies' March 2003
Interagency Policy Statement on the Internal Audit Function and Its
Outsourcing. Internal control and its relationship to timely and
accurate regulatory reports are also addressed in the Interagency
Guidelines Establishing Standards for Safety and Soundness.
Call Report Revisions To Be Implemented March 31, 2007 (and 2008)
A. Revisions of Existing Items and New Items
1. Construction, Land Development, and Other Land Loans
At present, banks report the total amount of their ``Construction,
land development, and other land loans'' in the loan schedule (Schedule
RC-C, part I, item 1.a) and they also disclose the amount of these
loans that are past due 30 days or more or in nonaccrual status
(Schedule RC-N, item 1.a) and that have been charged off and recovered
(Schedule RI-B, part I, item 1.a). The agencies proposed to split the
existing item for ``Construction, land development, and other land
loans'' in these three schedules into separate items for ``1-4 family
residential construction, land development, and other land loans'' and
``Other construction, land development, and other land loans.'' In
addition, the agencies would similarly split the item for ``Commitments
to fund commercial real estate, construction, and land development
loans secured by real estate'' in the off-balance sheet items schedule
(Schedule RC-L, item 1.c.(1)) into two items.
A significant number of commenters expressed concern about the
burden associated with distinguishing 1-4 family residential
construction loans from other loans currently reported in the existing
construction loan category and making the system changes that would be
required to provide this information, particularly in light of the
relatively short timeframe banks would be provided to make these
changes, i.e., by March 31, 2006, under the proposal. One other
commenter, a nonbanking trade group, recommended that all residential
construction loans, both 1-4 family and multifamily, be segregated from
other construction loans and that banks separately report data on 1-4
family and multifamily residential construction loans. Based on the
comments received, the Agencies are retaining a two-way breakout of
``Construction, land development, and other land loans,'' but are
clarifying the scope of the two new loan categories and implementing
the changes in two phases through March 31, 2008. The changes will take
effect March 31, 2007, for (1) all banks with $300 million or more in
total assets as of December 31, 2005, or with foreign offices, and (2)
banks without foreign offices and with less than $300 million in total
assets whose total construction, multifamily, and nonfarm
nonresidential real estate loans (Schedule RC-C, sum of items 1.a, 1.d,
and 1.e) is greater than 150 percent of total equity capital (Schedule
RC, item 28) as of December 31, 2005. Banks with less than $300 million
in total assets that do not meet this percentage test will begin
reporting the breakdown of their construction loans as of March 31,
2008.
The Agencies are splitting the existing construction loan item in
schedules RC-C, RC-N, and RI-B into separate items for ``1-4 family
residential construction loans'' and ``Other construction loans and all
land development and other land loans.'' In addition, the Agencies will
split the existing item for commitments to fund commercial real estate,
construction, and land development loans secured by real estate in
Schedule RC-L into separate items for ``1-4 family residential
construction loan commitments'' and ``Commercial real estate, other
construction loan, and land development loan commitments.''
``1-4 family residential construction loans'' are those loans for
the purpose of constructing 1-4 family residential properties, which
will secure the loan. The term ``1-4 family residential properties'' is
defined in Schedule RC-C, part I, item 1.c. The new loan category for
``1-4 family residential construction loans'' would exclude loans for
the development of building lots and loans secured by vacant land,
unless the same loan finances the construction of 1-4 family
residential properties on the property.
[[Page 8656]]
2. Loans Secured by Nonfarm Nonresidential Properties
Banks currently report the total amount of their loans ``Secured by
nonfarm nonresidential properties'' in the loan schedule (Schedule RC-
C, part I, item 1.e) along with the amounts of these loans that are
past due 30 days or more or in nonaccrual status (Schedule RC-N, item
1.e) and the amounts that have been charged off and recovered (Schedule
RI-B, part I, item 1.e). The agencies proposed to split the existing
item for loans ``Secured by nonfarm nonresidential properties'' in
these three schedules into separate items for loans secured by owner-
occupied nonfarm nonresidential properties and loans secured by other
nonfarm nonresidential properties.
A significant number of commenters expressed concern about the
burden of the nonfarm nonresidential real estate loan proposal similar
to that discussed above with respect to construction loans. One
commenter noted in particular the difficulties in determining how
``mixed-use'' properties should be categorized in the Call Report loan
schedule. Commenters also expressed concern about the relatively short
timeframe banks would be provided to make these changes, i.e., by March
31, 2006, under the proposal. Based on the comments received, the
Agencies are modifying the scope of the two new loan categories and
implementing the changes in two phases through March 31, 2008, in a
manner consistent with the phase-in schedule for the construction loan
items listed above. As with the changes for construction loans
discussed above, the changes for nonfarm nonresidential real estate
loans will take effect March 31, 2007, for (1) all banks with $300
million or more in total assets as of December 31, 2005, or with
foreign offices, and (2) banks without foreign offices and with less
than $300 million in total assets whose total construction,
multifamily, and nonfarm nonresidential real estate loans (Schedule RC-
C, sum of items 1.a, 1.d, and 1.e) is greater than 150 percent of total
equity capital (Schedule RC, item 28) as of December 31, 2005. Banks
with less than $300 million in total assets that do not meet this
percentage test will begin reporting the breakdown of their nonfarm
nonresidential real estate loans as of March 31, 2008.
The new category for ``Loans secured by other nonfarm
nonresidential properties'' includes those nonfarm nonresidential real
estate loans where the primary or a significant source of repayment is
derived from rental income associated with the property (i.e., loans
for which 50 percent or more of the source of repayment comes from
third party, nonaffiliated, rental income) or the proceeds of the sale,
refinancing, or permanent financing of the property. Thus, the primary
or a significant source of repayment for ``Loans secured by owner-
occupied nonfarm nonresidential properties'' is the cash flow from the
ongoing operations and activities conducted by the party, or an
affiliate of the party, who owns the property, rather than from third
party, nonaffiliated, rental income or the proceeds of the sale,
refinancing, or permanent financing of the property. The determination
as to whether a property is considered ``owner-occupied'' should be
made upon acquisition (origination or purchase) of the loan. However,
for purposes of determining whether existing nonfarm nonresidential
real estate loans should be reported as ``owner-occupied'' beginning
March 31, 2007, or 2008, banks may consider the source of repayment
either when the loan was acquired or based on the most recent available
information. Once a bank determines whether a loan should be reported
as ``owner-occupied'' or not, this determination need not be reviewed
thereafter.
3. Retail and Commercial Leases
Banks with foreign offices or with $300 million or more in total
assets currently report a breakdown of their lease financing
receivables between those from U.S. and non-U.S. addressees in Schedule
RC-C, part I, items 10.a and 10.b. Addressee information on leases is
also reported in the past due and nonaccrual schedule (Schedule RC-N,
item 8 on the FFIEC 031 and Memorandum item 3.d on the FFIEC 041) and
on the charge-offs and recoveries schedule (Schedule RI-B, part I, item
8 on the FFIEC 031 and Memorandum item 2.d on the FFIEC 041).\4\ The
Agencies are replacing the existing addressee breakdown of leases with
a breakdown between retail (consumer) leases and commercial leases in
these three Call Report schedules effective March 31, 2007. Retail
(consumer) leases would be defined in a manner similar to consumer
loans, i.e., as leases to individuals for household, family, and other
personal expenditure purposes. Commercial leases would encompass all
other lease financing receivables. The only commenter who specifically
addressed the proposed revision to the reporting of leases did not
foresee any difficulty with the change.
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\4\ Banks with domestic offices only and less than $300 million
in total assets are not required to provide this breakdown.
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4. Income From Annuity Sales, Investment Banking, Advisory, Brokerage,
and Underwriting
In the Call Report income statement (Schedule RI), banks currently
report commissions and fees from sales of annuities (fixed, variable,
and deferred) and related referral and management fees in one of three
items: Income from sales of annuities by a bank's trust department (or
a consolidated trust company subsidiary) that are executed in a
fiduciary capacity is reported in ``Income from fiduciary activities''
(Schedule RI, item 5.a); income from sales of annuities to bank
customers by a bank's securities brokerage subsidiary is reported in
``Investment banking, advisory, brokerage, and underwriting fees and
commissions'' (Schedule RI, item 5.d); and income from all other
annuity sales is reported in ``Income from other insurance activities''
(Schedule RI, item 5.h.(2)). Existing item 5.d also collects the amount
of noninterest income from a variety of other activities.
To better distinguish between banks' noninterest income from
investment banking (dealer) activities and their sales (brokerage)
activities, the Agencies are revising the noninterest income section of
the Call Report income statement effective March 31, 2007. A new item
will be added for ``Fees and commissions from annuity sales,'' which
will include income from sales of annuities and related referral and
management fees (other than income from sales by a bank's trust
department or a consolidated trust company subsidiary executed in a
fiduciary capacity, which will continue to be reported in Schedule RI,
item 5.a). Existing item 5.d will be replaced by separate items for
``Fees and commissions from securities brokerage'' and ``Investment
banking, advisory, and underwriting fees and commissions.'' Securities
brokerage income would include fees and commissions from sales of
mutual funds and from purchases and sales of other securities and money
market instruments for customers (including other banks) where the bank
is acting as agent. Other than moving annuity-related income to the new
item for such income, there would be no other changes to the existing
item 5.h.(2), ``Income from other insurance activities.'' In connection
with these changes, the items in the noninterest income section of the
Call Report income statement (Schedule RI) would be renumbered.
[[Page 8657]]
One commenter, an insurance consultant, supported the proposed
income statement changes relating to income from annuity sales,
securities brokerage, and investment banking. However, this commenter
also recommended that banks report additional detail on income from
annuity sales, a change that the Agencies are not implementing.
5. Income From 1-4 Family Residential Mortgage Banking Activities
In new Schedule RC-P on 1-4 family residential mortgage banking
activities, which will begin to be completed by certain banks beginning
September 30, 2006, an item will be added to the schedule on March 31,
2007, to collect data on noninterest income generated from these
activities. New item 5 of Schedule RC-P, ``Noninterest income for the
quarter from the sale, securitization, and servicing of closed-end 1-4
family residential mortgage loans,'' will capture the portion of a
bank's ``Net servicing fees,'' ``Net securitization income,'' and ``Net
gains (losses) on sales of loans and leases'' (current items 5.f, 5.g,
and 5.i of Schedule RI) earned during the quarter that is attributable
to 1-4 family residential mortgage loans. The March 31, 2007, effective
date for this new Schedule RC-P item responds to commenters' request
that the Agencies delay the implementation of this schedule from its
proposed March 31, 2006, effective date.
6. Revenues From Credit Derivatives and Related Exposures
In Schedule RI, Memorandum item 8, banks that reported average
trading assets of $2 million or more for any quarter of the preceding
calendar year currently provide a four-way breakdown of trading revenue
by type of risk exposure: interest rate, foreign exchange, equity, and
commodity. Although banks also trade credit derivatives and credit cash
instruments, there is no specific existing category in which to report
the revenue from these trading activities. Accordingly, the Agencies
proposed to add a new risk exposure category to Memorandum item 8 for
credit derivatives.
One commenter stated that adding credit derivatives to the
breakdown of trading revenue by type of exposure may not be meaningful
because credit derivative positions are often hedged with cash
instruments. After considering this comment, the Agencies have modified
their proposal and will instead add a new risk exposure category for
credit-related exposures effective March 31, 2007. In this new
Memorandum item 8.e, a bank should report its net gains (losses) from
trading cash instruments and derivative contracts that it manages as
credit exposures. The sum of Memorandum items 8.a through 8.e must
equal the amount of trading revenue reported in the Call Report income
statement in Schedule RI, item 5.c.
The Agencies are also adding new Memorandum items 9.a and 9.b to
Schedule RI, ``Income Statement,'' as of March 31, 2007, in which banks
must report the net gains (losses) recognized in earnings on credit
derivatives that economically hedge credit exposures held outside the
trading account, regardless of whether the credit derivative is
designated as and qualifies as a hedging instrument under generally
accepted accounting principles. Credit exposures outside the trading
account include, for example, nontrading assets (such as available-for-
sale securities or loans held for investment) and unused lines of
credit. To address the commenter's concern about the use of credit
derivatives for hedging, banks will report such net gains (losses) on
credit derivatives held for trading in Memorandum item 9.a and on
credit derivatives held for purposes other than trading in Memorandum
item 9.b. Thus, those net gains (losses) on credit derivatives reported
in Schedule RI, Memorandum item 9.a, will also have been included in
the amount reported in new Memorandum item 8.e of Schedule RI.
III. Request for Comment
Public comment is requested on all aspects of this joint notice. In
addition, comments are invited on:
(a) Whether the proposed revisions to the Call Report collections
of information 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.
Written comments should address the accuracy of the burden estimates
and ways to minimize burden as well as other relevant asp