Proposed Agency Information Collection Activities; Comment Request, 51814-51821 [07-4420]
Download as PDF
51814
Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Notices
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an e-mail to
fcc504@fcc.gov or call the Consumer &
Governmental Affairs Bureau at 202–
418–0530 (voice), 202–418–0432 (TTY).
FEDERAL COMMUNICATIONS
COMMISSION
[DA 07–3842]
Consumer Advisory Committee
Federal Communications
Commission.
ACTION: Notice.
sroberts on PROD1PC70 with NOTICES
AGENCY:
SUMMARY: The Commission announces
the next meeting date and agenda of its
Consumer Advisory Committee
(‘‘Committee’’). The purpose of the
Committee is to make recommendations
to the Commission regarding consumer
issues within the jurisdiction of the
Commission and to facilitate the
participation of all consumers in
proceedings before the Commission.
DATES: The meeting of the Committee
will take place on Thursday, September
27, 2007, 3 p.m. to 5 p.m., at the
Commission’s Headquarters Building,
Room 3–B516.
ADDRESSES: Federal Communications
Commission, 445 12th Street, NW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Scott Marshall, Consumer &
Governmental Affairs Bureau, (202)
418–2809 (voice), (202) 418–0179
(TTY), or e-mail scott.marshal@fcc.gov.
SUPPLEMENTARY INFORMATION: On
September 5, 2007, the Commission
released document DA 07–3842, which
announced the agenda, date and time of
the Committee’s next meeting. At its
September 27, 2007 meeting, the
Committee will receive and consider
draft comments prepared by members of
its DTV Working Group in connection
with the DTV Consumer Education
Initiative, MB Docket No. 07–148. The
Committee will have an opportunity to
debate, amend, reject, or adopt these
comments prior to their transmittal to
the Commission. A limited amount of
time on the agenda will be available for
oral comments from the public.
The Committee is organized under
and operates in accordance with the
provisions of the Federal Advisory
Committee Act, 5 U.S.C. App. 2 (1988).
The meeting is open to the public.
Members of the public may address the
Committee or may send written
comments to: Scott Marshall,
Designated Federal Officer of the
Committee, at the address indicated on
the first page of this document. The
meeting site is accessible to people with
disabilities. Meetings are sign language
interpreted with real-time transcription
and assistive listening devices available.
Meeting agendas are provided in
accessible formats.
VerDate Aug<31>2005
17:06 Sep 10, 2007
Jkt 211001
Federal Communications Commission.
Thomas Wyatt,
Deputy Bureau Chief, Consumer &
Governmental Affairs Bureau.
[FR Doc. E7–17870 Filed 9–10–07; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
FEDERAL RESERVE SYSTEM
FEDERAL DEPOSIT INSURANCE
CORPORATION
DEPARTMENT OF THE TREASURY
Office of Thrift Supervision
Proposed Agency Information
Collection Activities; Comment
Request
AGENCIES: Office of the Comptroller of
the Currency (OCC), Treasury; Board of
Governors of the Federal Reserve
System (Board); Federal Deposit
Insurance Corporation (FDIC); and
Office of Thrift Supervision (OTS),
Treasury.
ACTION: Joint notice and request for
comment.
SUMMARY: In accordance with the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C.
chapter 35), the OCC, the Board, the
FDIC, and the OTS (the ‘‘agencies’’) may
not conduct or sponsor, and the
respondent is not required to respond
to, an information collection unless it
displays a currently valid Office of
Management and Budget (OMB) control
number. The Federal Financial
Institutions Examination Council
(FFIEC), of which the agencies are
members, has approved the agencies’
publication for public comment of a
proposal to extend, with revision, the
Consolidated Reports of Condition and
Income (Call Report) for banks and the
Thrift Financial Report (TFR) for
savings associations, which are
currently approved collections of
information. At the end of the comment
period, the comments and
recommendations received will be
analyzed to determine the extent to
which the FFIEC and the agencies
PO 00000
Frm 00043
Fmt 4703
Sfmt 4703
should modify the proposed revisions
prior to giving final approval. The
agencies will then submit the revisions
to OMB for review and approval.
DATES: Comments must be submitted on
or before November 13, 2007.
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: Communications Division,
Office of the Comptroller of the
Currency, Public Information Room,
Mailstop 1–5, Attention: 1557–0081,
250 E Street, SW., Washington, DC
20219. In addition, comments may be
sent by fax to (202) 874–4448, or by
electronic mail to
regs.comments@occ.treas.gov. You may
personally inspect and photocopy the
comments at the OCC’s Public
Information Room, 250 E Street, SW.,
Washington, DC 20219. For security
reasons, the OCC requires that visitors
make an appointment to inspect
comments. You may do so by calling
(202) 874–5043. Upon arrival, visitors
will be required to present valid
government-issued photo identification
and submit to security screening in
order to inspect and photocopy
comments.
Board: You may submit comments,
which should refer to ‘‘Consolidated
Reports of Condition and Income, 7100–
0036, March 2008’’ 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
E:\FR\FM\11SEN1.SGM
11SEN1
sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Notices
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:
• 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), Clearance Officer, Attn:
Comments, Room MB–2088, 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, 3501 Fairfax Drive, Arlington, VA
22226, between 9 a.m. and 5 p.m. on
business days.
OTS: You may submit comments,
identified by ‘‘1550–0023 (TFR:
Schedule DI Revisions),’’ by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail address:
infocollection.comments@ots.treas.gov.
Please include ‘‘1550–0023 (TFR: March
2008 Revisions)’’ in the subject line of
the message and include your name and
telephone number in the message.
• Fax: (202) 906–6518.
• Mail: Information Collection
Comments, Chief Counsel’s Office,
Office of Thrift Supervision, 1700 G
Street, NW., Washington, DC 20552,
Attention: ‘‘1550–0023 (TFR: March
2008 Revisions).’’
• Hand Delivery/Courier: Guard’s
Desk, East Lobby Entrance, 1700 G
Street, NW., from 9 a.m. to 4 p.m. on
business days, Attention: Information
Collection Comments, Chief Counsel’s
Office, Attention: ‘‘1550–0023 (TFR:
March 2008 Revisions).’’
Instructions: All submissions received
must include the agency name and OMB
Control Number for this information
collection. All comments received will
be posted without change to the OTS
Internet Site at https://www.ots.treas.gov/
pagehtml.cfm?catNumber=67&an=1,
including any personal information
provided.
VerDate Aug<31>2005
17:06 Sep 10, 2007
Jkt 211001
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.ots.treas.gov/
pagehtml.cfm?catNumber=67&an=1. In
addition, you may inspect comments at
the Public Reading Room, 1700 G Street,
NW., by appointment. To make an
appointment for access, call (202) 906–
5922, send an e-mail to
public.info@ots.treas.gov, or send a
facsimile transmission to (202) 906–
7755. (Prior notice identifying the
materials you will be requesting will
assist us in serving you.) We schedule
appointments on business days between
10 a.m. and 4 p.m. In most cases,
appointments will be available the next
business day following the date we
receive a request.
Additionally, commenters may send a
copy of their comments to the OMB
desk officer for the agencies by mail to
the Office of Information and Regulatory
Affairs, U.S. Office of Management and
Budget, New Executive Office Building,
Room 10235, 725 17th Street, NW.,
Washington, DC 20503, or by fax to
(202) 395–6974.
FOR FURTHER INFORMATION CONTACT: For
further information about the revisions
discussed in this notice, please contact
any of the agency clearance officers
whose names appear below. In addition,
copies of the Call Report forms can be
obtained at the FFIEC’s Web site (http:
//www.ffiec.gov/ffiec_report_forms.htm).
Copies of the TFR can be obtained from
the OTS’s Web site (https://
www.ots.treas.gov/
main.cfm?catNumber=2&catParent=0).
OCC: Mary Gottlieb, OCC Clearance
Officer, Office of the Comptroller of the
Currency, 250 E Street, SW.,
Washington, DC 20219.
Board: Michelle E. Shore, Federal
Reserve Board Clearance Officer, (202)
452–3829, Division of Research and
Statistics, Board of Governors of the
Federal Reserve System, 20th and C
Streets, NW., Washington, DC 20551.
Telecommunications Device for the Deaf
(TDD) users may call (202) 263–4869.
FDIC: Steven F. Hanft, Paperwork
Clearance Officer, (202) 898–3907, Legal
Division, Federal Deposit Insurance
Corporation, 550 17th Street, NW.,
Washington, DC 20429.
OTS: Ira L. Mills, OTS Clearance
Officer, at Ira.Mills@ots.treas.gov, (202)
906–6531, or facsimile number (202)
906–6518, Litigation Division, Chief
Counsel’s Office, Office of Thrift
Supervision, 1700 G Street, NW.,
Washington, DC 20552.
SUPPLEMENTARY INFORMATION: The
agencies are proposing to revise and
extend for three years the Call Report
PO 00000
Frm 00044
Fmt 4703
Sfmt 4703
51815
and the TFR, which are currently
approved collections of information.1
1. Report Title: Consolidated Reports
of Condition and Income (Call Report).
Form Number: Call Report: FFIEC 031
(for banks with domestic and foreign
offices) and FFIEC 041 (for banks with
domestic offices only).
Frequency of Response: Quarterly.
Affected Public: Business or other forprofit.
OCC:
OMB Number: 1557–0081.
Estimated Number of Respondents:
1,750 national banks.
Estimated Time per Response: 45.42
burden hours.
Estimated Total Annual Burden:
317,967 burden hours.
Board:
OMB Number: 7100–0036.
Estimated Number of Respondents:
885 state member banks.
Estimated Time per Response: 52.07
burden hours.
Estimated Total Annual Burden:
184,328 burden hours.
FDIC:
OMB Number: 3064–0052.
Estimated Number of Respondents:
5,218 insured state nonmember banks.
Estimated Time per Response: 36.16
burden hours.
Estimated Total Annual Burden:
754,732 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
635 hours per quarter, depending on an
individual institution’s circumstances.
2. Report Title: Thrift Financial
Report (TFR).
Form Number: OTS 1313 (for savings
associations).
Frequency of Response: Quarterly;
Annually.
Affected Public: Business or other forprofit.
OTS:
OMB Number: 1550–0023.
1 The proposed changes to the Call Report and the
TFR that are the subject of this notice would take
effect March 31, 2008. The banking agencies (the
OCC, the Board, and the FDIC) are also considering
a separate proposal to incorporate the FDIC’s
Summary of Deposits report (OMB No. 3064–0061)
into the Call Report effective June 30, 2008. If the
FFIEC and the banking agencies approve the
proposed inclusion of the Summary of Deposits in
the Call Report, the banking agencies will publish
a request for comment on this proposal in
accordance with the requirements of the Paperwork
Reduction Act of 1995.
E:\FR\FM\11SEN1.SGM
11SEN1
51816
Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Notices
Estimated Number of Respondents:
838 savings associations.
Estimated Time per Response: 36.50
burden hours.
Estimated Total Annual Burden:
193,881 burden hours.
General Description of Reports
These information collections are
mandatory: 12 U.S.C. 161 (for national
banks), 12 U.S.C. 324 (for state member
banks), 12 U.S.C. 1817 (for insured state
nonmember commercial and savings
banks), and 12 U.S.C. 1464 (for savings
associations). Except for selected data
items, these information collections are
not given confidential treatment.
Abstract
Institutions submit Call Report and
TFR data to the agencies each quarter
for the agencies’ use in monitoring the
condition, performance, and risk profile
of individual institutions and the
industry as a whole. Call Report and
TFR data provide the most current
statistical data available for evaluating
institutions’ corporate applications, for
identifying areas of focus for both onsite and off-site examinations, and for
monetary and other public policy
purposes. The agencies use Call Report
and TFR data in evaluating interstate
merger and acquisition applications to
determine, as required by law, whether
the resulting institution would control
more than ten percent of the total
amount of deposits of insured
depository institutions in the United
States. Call Report and TFR data are also
used to calculate all institutions’ deposit
insurance and Financing Corporation
assessments, national banks’
semiannual assessment fees, and the
OTS’s assessments on savings
associations.
Current Actions
sroberts on PROD1PC70 with NOTICES
I. Overview
The four agencies are proposing to
revise the Call Report and TFR
instructions for reporting daily average
deposit data by newly insured
institutions for deposit insurance
assessment purposes to conform the
instructions with the FDIC’s assessment
regulations (12 CFR Part 327). These
revisions are discussed in Section II.A
of this notice.
In addition, the OCC, the Board, and
the FDIC (the banking agencies) propose
to implement a number of other changes
to the Call Report requirements, which
are discussed in detail in Sections II.B
through II.F of this notice. The OTS may
issue a separate notice and request for
comment if it determines that the TFR
should be revised to include some or all
VerDate Aug<31>2005
17:06 Sep 10, 2007
Jkt 211001
of the proposed changes to the Call
Report. The Call Report changes include
several related to 1–4 family residential
mortgage loans such as reporting
interest and fee income on and the
quarterly average for such mortgages
separately from income on and the
quarterly average for all other real estate
loans and the addition of new items for
restructured troubled mortgages and
mortgage loans in process of foreclosure.
Call Report Schedule RC–P on closedend 1–4 family residential mortgage
banking activities, which is completed
by larger banks and smaller banks with
a significant level of such activities,
would be expanded to include
originations, purchases, and sales of
open-end mortgages as well as closedend and open-end mortgage loan
repurchases and indemnifications
during the quarter. The Call Report’s
trading account definition would be
modified in response to the creation of
a fair value option in generally accepted
accounting principles (GAAP). Call
Report Schedule RC–Q, which collects
data on fair value measurements for
trading assets and liabilities and other
assets and liabilities accounted for
under a fair value option, and certain
other schedules, including the loan
schedule (Schedule RC–C), would also
be revised to enhance the information
available on instruments accounted for
under this option. Revisions would also
be made to the schedule on trading
assets and liabilities (Schedule RC–D).
The Call Report instructions would be
clarified for reporting credit derivative
data in the risk-based capital schedule
(Schedule RC–R) and a corresponding
change would be made to the schedule
itself. The threshold for reporting
significant items of other noninterest
income and expense in the explanations
schedule (Schedule RI–E) would also be
changed. The instructions for reporting
fully insured brokered deposits in
Schedule RC–E, Deposit Liabilities,
would be revised to conform to the
instructions for reporting time deposits
in this schedule.
The preceding proposed revisions to
the Call Report and the TFR, which
have been approved for publication by
the FFIEC and are discussed in more
detail below, would take effect as of
March 31, 2008. The specific wording of
the captions for the new or revised Call
Report data items discussed in this
proposal and the numbering of these
data items should be regarded as
preliminary.
Finally, the banking agencies request
comment on a plan to discontinue the
mailing of paper Call Report forms and
instructions to banks, which is
discussed in Section III of this notice.
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
Type of Review: Revision and
extension of currently approved
collections.
II. Discussion of Proposed Revisions
A. Reporting of Data for Deposit
Insurance Assessments in the Call
Report and TFR by Newly Insured
Institutions
Section 327.5(a)(1) of the FDIC’s
assessment regulations (12 CFR
327.5(a)(1)) states that ‘‘[a]n institution
that becomes newly insured after the
first report of condition allowing for
average daily balances shall have its
assessment base determined using
average daily balances.’’ For purposes of
these regulations, the term ‘‘report of
condition’’ includes the Call Report and
the TFR. Both of these reports first
allowed an institution to report average
daily balances for the deposit data used
to determine its assessment base as of
the March 31, 2007, report date. This
change was introduced as of that date in
conjunction with a revision and
reduction in the overall reporting
requirements related to deposit
insurance assessments in Call Report
Schedule RC–O and TFR Schedule DI
that was intended to simplify regulatory
reporting. As part of these revised
overall reporting requirements, the
agencies provided an interim period
covering the March 31, 2007, through
December 31, 2007, report dates during
which each institution has the option to
submit its Call Reports or TFRs using
either the current or revised formats for
reporting the data used to measure their
assessment base. The revised reporting
format will take effect for all institutions
on March 31, 2008, at which time the
current reporting format will be
eliminated.
The instructions issued in March
2007 for the revised reporting format
state that an institution that becomes
newly insured on or after April 1, 2008,
would be required to report daily
average balances beginning in the first
quarterly Call Report or TFR that it files.
However, these instructions do not
conform to the previously cited
language in the FDIC’s assessments
regulations with respect to their
treatment of institutions that become
insured between April 1, 2007, and
March 31, 2008. Therefore, the agencies
are revising the instructions to Call
Report Schedule RC–O and TFR
Schedule DI to require an institution
that becomes insured after March 31,
2007, but on or before March 31, 2008,
to begin reporting daily average
balances in its Call Report or TFR for
the March 31, 2008, report date. The
requirement for an institution that
E:\FR\FM\11SEN1.SGM
11SEN1
Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Notices
becomes insured on or after April 1,
2008, to report daily average deposit
data beginning in its first quarterly Call
Report or TFR would remain in effect.
sroberts on PROD1PC70 with NOTICES
B. Call Report Revisions Related to 1–
4 Family Residential Mortgage Loans
Since year-end 2000, commercial
bank holdings of 1–4 family residential
mortgage loans in domestic offices have
increased nearly 108 percent to more
than $1.9 trillion. Nearly 98 percent of
all banks hold such mortgages. 1–4
family residential mortgages now
represent the single largest category of
loans held by commercial banks,
surpassing commercial and industrial
loans as the largest category in 2002. As
a percentage of total loans and leases at
commercial banks, 1–4 family
residential mortgages have grown from
24 percent at year-end 2000 to 32
percent at year-end 2006. Similarly, 1–
4 family residential mortgages have
increased from less than 15 percent of
total assets to nearly 19 percent of total
assets during this period. During the
first quarter of 2007, bank originations
and purchases of closed-end 1–4 family
residential mortgages for resale
exceeded $287 billion. There has been
a growing use of nontraditional
residential mortgage products and an
increasing number of banks offering
such products. In addition, the volume
of 1–4 family residential mortgage loans
extended to subprime borrowers has
increased. At the same time, home
prices have stagnated or even declined
in many areas of the country. The higher
concentration of 1–4 family residential
mortgages across the industry and the
changing risk profile of the loans with
which banks are associated in some
capacity has led the banking agencies to
evaluate the information they collect
about such loans in the Call Report. As
a result, the banking agencies are
proposing several Call Report changes
that are intended to enhance their
ability to monitor the nature and extent
of banks’ involvement with 1–4 family
residential mortgage loans as
originators, holders, sellers, and
servicers of such loans.
1. Interest and Fee Income and
Quarterly Average
At present, banks report the total
amount of interest and fee income on
their ‘‘Loans secured by real estate’’ (in
domestic offices) in the Call Report
income statement (Schedule RI, item
1.a.(1)(a) on the FFIEC 031 and item
1.a.(1) on the FFIEC 041) and the
quarterly average for these loans (in
domestic offices) in the quarterly
averages schedule (Schedule RC–K, item
6.a.(2) on the FFIEC 031 and item 6.b on
VerDate Aug<31>2005
17:06 Sep 10, 2007
Jkt 211001
the FFIEC 041). The banking agencies
are proposing to split these existing
income statement and quarterly average
items into separate items for the interest
and fee income on and the quarterly
averages of ‘‘Loans secured by 1–4
family residential properties’’ and ‘‘All
other loans secured by real estate.’’
2. Restructured Mortgages
Banks currently report information on
the amount of loans whose terms have
been modified, because of a
deterioration in the financial condition
of the borrower, to provide for a
reduction of either interest or principal.
When such restructured loans are past
due 30 days or more or are in
nonaccrual status in relation to their
modified terms as of the report date,
they are reported in Schedule RC–N,
Memorandum item 1. In contrast, when
such restructured loans are less than 30
days past due and are not otherwise in
nonaccrual status, that is, when they are
deemed to be in compliance with their
modified terms as discussed in the Call
Report instructions, banks report the
amount of these loans in the Call Report
loan schedule (Schedule RC–C, part I,
Memorandum item 1). However, the
instructions advise banks to exclude
restructured loans secured by 1–4
family residential properties from these
Memorandum items.
This exclusion was incorporated into
the Call Report instructions because the
original disclosure requirements for
troubled debt restructurings under
GAAP provided that creditors need not
disclose information on restructured
real estate loans secured by 1–4 family
residential properties.2 However, this
exemption from disclosure under GAAP
has since been eliminated.3
Accordingly, the banking agencies are
proposing to add a new Memorandum
item to Schedule RC–C, part I, for
‘‘Loans secured by 1–4 family
residential properties (in domestic
offices)’’ that have been restructured
and are in compliance with their
modified terms and a new
Memorandum item to Schedule RC–N,
for restructured ‘‘Loans secured by 1–4
family residential properties (in
domestic offices)’’ that are past due 30
days or more or in nonaccrual status.
3. Mortgages in Foreclosure
The banking agencies currently
collect data on the amount of loans
2 See Financial Accounting Standards Board
Statement No. 15, Accounting by Debtors and
Creditors for Troubled Debt Restructurings, footnote
25.
3 See Financial Accounting Standards Board
Statement No. 114, Accounting by Creditors for
Impairment of a Loan, paragraph 22(f).
PO 00000
Frm 00046
Fmt 4703
Sfmt 4703
51817
secured by 1–4 family residential
properties that are past due 30 days or
more or are in nonaccrual status
(Schedule RC–N, item 1.c) and on the
amount of foreclosed 1–4 family
residential properties held by the bank
(Schedule RC–M, item 3.b.(3)).
However, regardless of whether the
bank owns the loans or services the
loans for others, banks do not report the
volume of 1–4 family residential
mortgage loans that are in process of
foreclosure, an indicator of potential
additions to the bank’s ‘‘other real estate
owned’’ in the near term. The banking
agencies propose to add two new
Memorandum items for the amount of
1–4 family residential mortgage loans
owned by the bank and serviced by the
bank that are in foreclosure as of the
quarter-end report date. Mortgage loans
in foreclosure would be those for which
the legal process of foreclosure has been
initiated, but for which the foreclosure
process has not yet been resolved at
quarter-end.4 These Memorandum items
would be added to the Call Report loan
schedule (Schedule RC–C, part I) and
the servicing, securitization, and asset
sale activities schedule (Schedule RC–
S), with the carrying amount (before any
applicable allowance for loan and leases
losses) reported in the former
Memorandum item and the principal
amount reported in the latter
Memorandum item. Reporting mortgage
loans as being in process of foreclosure
will not exempt those loans owned by
the bank from being reported as past
due or nonaccrual, as appropriate, in
Call Report Schedule RC–N, and will
not exempt those loans serviced by the
bank that are reported in Schedule RC–
S, item 1, from being reported as past
due, as appropriate, in that schedule.
4. Open-end 1–4 Family Residential
Mortgage Banking Activities
Banks with $1 billion or more in total
assets and smaller banks that meet
certain criteria currently provide data
on originations, purchases, and sales of
closed-end 1–4 family residential
mortgage loans during the quarter
arising from their mortgage banking
activities in domestic offices in Call
Report Schedule RC–P. These banks
also report the amount of closed-end 1–
4 family residential mortgage loans held
4 For banks that participate in the Mortgage
Bankers Association’s (MBA) National Delinquency
Survey, the time at which mortgage loans would
become reportable as being in process of foreclosure
for Call Report purposes would be the same time
at which mortgage loans become reportable as being
in ‘‘foreclosure inventory’’ for MBA survey
purposes (although the dollar amount of such loans
would be reported in the Call Report while the
number of such loans are reported for MBA survey
purposes).
E:\FR\FM\11SEN1.SGM
11SEN1
51818
Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Notices
sroberts on PROD1PC70 with NOTICES
for sale at quarter-end as well as the
noninterest income for the quarter from
the sale, securitization, and servicing of
these mortgage loans. Data (other than
for noninterest income) is provided
separately for first lien and junior lien
mortgages in Schedule RC–P. About 650
banks complete Schedule RC–P, less
than 300 of which have total assets of
less than $1 billion. However, this
information does not provide a
complete picture of banks’ mortgage
banking activities since it excludes
open-end 1–4 family residential
mortgages extended under lines of
credit. From year-end 2001 to year-end
2006, bank holdings of 1–4 family
residential mortgage loans extended
under lines of credit more than tripled
to nearly $470 billion. Accordingly, the
banking agencies are proposing to
expand the scope of Schedule RC–P to
include separate items for originations,
purchases, and sales of open-end 1–4
family residential mortgages during the
quarter; the amount of such mortgages
held for sale at quarter-end; and
noninterest income for the quarter from
the sale, securitization, and servicing of
open-end residential mortgages. When
reporting the originations, purchases,
sales, and mortgages held for sale, banks
would report both the total commitment
under the line of credit and the
principal amount funded under the line.
For banks with less than $1 billion in
total assets, the criteria used to
determine whether Schedule RC–P must
be completed would be modified to
include both closed-end and open-end
1–4 family residential mortgage bank
activities.
5. Mortgage Repurchases and
Indemnifications
As a result of its 1–4 family
residential mortgage banking activities,
a bank may be obligated to repurchase
mortgage loans that it has sold or
otherwise indemnify the loan purchaser
against loss because of borrower
defaults, loan defects, other breaches of
representations and warranties, or for
other reasons, thereby exposing the
bank to additional risk. Such
information is not currently captured in
Call Report Schedule RC–P. Therefore,
the banking agencies propose to add
four new items to Schedule RC–P to
collect data on mortgage loan
repurchases and indemnifications
during the quarter. For both closed-end
first lien and closed-end junior lien 1–
4 family residential mortgages, banks
would report the principal amount of
mortgages repurchased or indemnified.
For open-end 1–4 family residential
mortgages, banks would report both the
total commitment under the line of
VerDate Aug<31>2005
17:06 Sep 10, 2007
Jkt 211001
credit and the principal amount funded
under the line for mortgages
repurchased or indemnified.
C. Call Report Data on Trading Assets
and Liabilities and Other Assets and
Liabilities Accounted for Under a Fair
Value Option
1. Reporting of Assets and Liabilities
Under the Fair Value Option as Trading
On February 15, 2007, the Financial
Accounting Standards Board (FASB)
issued Statement No. 159, The Fair
Value Option for Financial Assets and
Financial Liabilities (FAS 159), which is
effective for fiscal years beginning after
November 15, 2007. Earlier adoption of
FAS 159 was permitted as of the
beginning of an earlier fiscal year,
provided the bank (i) Also adopts all of
the requirements of FASB Statement No.
157, Fair Value Measurements (FAS
157) at the early adoption date of FAS
159; (ii) has not yet issued a financial
statement or submitted Call Report data
for any period of that fiscal year; and
(iii) satisfies certain other conditions.
Thus, a bank with a calendar year fiscal
year may have voluntarily adopted FAS
159 as of January 1, 2007. Changes in
the fair value of financial assets and
liabilities to which the fair value option
is applied are reported in current
earnings as is currently the case for
trading assets and liabilities. Since the
fair value option standard allows a bank
to elect fair value measurement through
earnings for financial assets and
financial liabilities, the banking
agencies understand that some
institutions would like to reclassify
certain loans elected to be accounted for
under the fair value option as trading
assets. The Call Report instructions
currently do not allow loans held for
sale to be reported as trading assets.
Under FAS 159, all securities within
the scope of FASB Statement No. 115,
Accounting for Certain Investments in
Debt and Equity Securities (FAS 115),
that a bank has elected to report at fair
value under a fair value option should
be classified as trading securities.
Recognizing the provisions of FAS 159,
the banking agencies are proposing the
following clarification to the Call Report
instructions, including the Call Report
Glossary entry for ‘‘Trading Account.’’
Banks may classify assets (other than
securities within the scope of FAS 115
for which a fair value option is elected)
and liabilities as trading if the bank
applies fair value accounting, with
changes in fair value reported in current
earnings, and manages these assets and
liabilities as trading positions, subject to
the controls and applicable regulatory
guidance related to trading activities.
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
For example, a bank would generally
not classify a loan to which it has
applied the fair value option as a trading
asset unless the bank holds the loan,
which it manages as a trading position,
for one of the following purposes: (1)
For market making activities, including
such activities as accumulating loans for
sale or securitization; (2) to benefit from
actual or expected price movements; or
(3) to lock in arbitrage profits.
2. Revision of Certain Fair Value
Measurement and Fair Value Option
Information in the Call Report
Effective for the March 31, 2007,
report date, the banking agencies started
collecting information on certain assets
and liabilities measured at fair value on
Call Report Schedule RC–Q, Financial
Assets and Liabilities Measured at Fair
Value. Schedule RC–Q was intended to
be consistent with the disclosure and
other requirements contained in FAS
157 and FAS 159. Based on the banking
agencies’ review of initial industry
practice and inquiries from banks, the
agencies have determined that industry
practice for preparing and reporting
FAS 157 disclosures has evolved
differently than the process for the
information collected on Schedule RC–
Q. This divergence has resulted in
unnecessary burden and less
transparency for the affected banks in
two material respects.
First, Schedule RC–Q does not allow
banks to separately identify each of the
three levels of fair value measurements
prescribed by FAS 157. The banking
agencies included Level 1 fair value
measurements in the total fair value
amount in column A of Schedule RC–
Q as a means of minimizing reporting
burden. However, the omission of a
separate column on Schedule RC–Q for
Level 1 fair value measurements has
increased the time bank managements
spend preparing and reviewing
Schedule RC–Q because the fair value
disclosures on Schedule RC–Q differ
from those in the banks’ other financial
statements. Second, Schedule RC–Q
does not allow banks to separately
identify any amounts by which the gross
fair values of assets and liabilities
reported for Level 2 and 3 fair value
measurements included in columns B
and C have been offset (netted) in the
determination of the total fair value
reported on the Call Report balance
sheet (Schedule RC), which is disclosed
in column A of Schedule RC–Q. Based
on a review of industry practice, these
disclosures are commonly made in the
banks’ other financial statements.
To reduce confusion related to the
differences in industry practice and the
Call Report, the banking agencies
E:\FR\FM\11SEN1.SGM
11SEN1
sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Notices
propose to add two columns to
Schedule RC–Q to allow banks to report
any netting adjustments and Level 1 fair
value measurements separately in a
manner consistent with industry
practice. The new columns would be
captioned column B, Amounts Netted in
the Determination of Total Fair Value
Reported on Schedule RC, and column
C, Level 1 Fair Value Measurements.
Existing column B, Level 2 Fair Value
Measurements, and column C, Level 3
Fair Value Measurements, of Schedule
RC–Q would be recaptioned as columns
D and E, respectively. Column A would
remain unchanged.
The banking agencies have also given
further consideration to the information
that will be necessary to effectively
assess the safety and soundness of banks
that utilize the fair value option
pursuant to FAS 159. Based on this
assessment, the banking agencies
propose to amend certain other Call
Report schedules to improve the
agencies’ ability to make comparisons
among entities that elect a fair value
option and those that do not. The
primary focus of these proposed
changes is to enhance the information
provided by banks that elect the fair
value option for loans. The proposed
changes are based on the principal
objectives for disclosures and the
required disclosures in FAS 159, which
were intended to provide ‘‘information
to enable users to understand the
differences between fair value and
contractual cash flows’’’ and to provide
information ‘‘that would have been
disclosed if the fair value option had not
been elected.’’
Specifically, the banking agencies
propose to add items to Schedule RC–
C, part I, Loans and Leases, to collect
data on the loans reported in this
schedule that are measured at fair value
under a fair value option: (1) The fair
value of such loans measured by major
loan category, (2) the unpaid principal
balance of such loans by major loan
category, and (3) the aggregate amount
of the difference between the fair value
and the unpaid principal balance of
such loans that is attributable (a) to
changes in the credit risk of the loan
since its origination and (b) to all other
factors. Comments are invited on: (1)
The availability of information
necessary to separately report the
aggregate difference between fair value
and the unpaid principal that is
attributable to changes in credit risk
since origination, (2) the reliability of
estimating the amount attributable to
changes in credit risk since origination,
and (3) ways to minimize the burden of
collecting information regarding the
effect of changes in credit risk on the
VerDate Aug<31>2005
17:06 Sep 10, 2007
Jkt 211001
carrying amount of loans measured at
fair value.
Because Schedule RC–C, part I,
provides data on loans held for
investment and for sale, the banking
agencies propose to add the same items
to Schedule RC–D, Trading Assets and
Liabilities, for loans measured at fair
value under a fair value option that are
designated as held for trading. The
banking agencies also propose to add a
new item to Schedule RC–D for ‘‘Other
trading liabilities’’ in recognition of a
bank’s ability to elect to measure certain
liabilities at fair value in accordance
with FAS 159 and designate them as
held for trading.
The banking agencies propose to add
two items to Schedule RC–N, Past Due
and Nonaccrual Loans, Leases, and
Other Assets, to collect data on the fair
value and unpaid principal balance of
loans measured at fair value under a fair
value option that are past due or in
nonaccrual status. The items would
follow the existing three column
breakdown on Schedule RC–N that
banks utilize to report all other past due
and nonaccrual loans. Since trading
assets are not currently reported on
Schedule RC–N, the banking agencies
propose to add similar items to
Schedule RC–D to collect the total fair
value and unpaid principal balance of
loans 90 days or more past due that are
classified as trading. Finally, the
banking agencies propose to add items
to Schedule RI, Income Statement, to
collect information on: (1) Net gains
(losses) recognized in earnings on assets
that are reported at fair value under a
fair value option; (2) estimated net gains
(losses) on loans attributable to changes
in instrument-specific credit risk; (3) net
gains (losses) recognized in earnings on
liabilities that are reported at fair value
under a fair value option; (4) estimated
net gains (losses) on liabilities
attributable to changes in the
instrument-specific credit risk.
3. Other Revisions to the Call Report
Information on Trading Assets and
Liabilities
Since 2000, the total trading assets
reported by banks has increased
approximately 124 percent to $682
billion or 7 percent of total industry
assets as of March 31, 2007. In terms of
concentrations, approximately 64
percent of total trading assets now are
either reported in the category of
‘‘Trading assets held in foreign offices’’
(approximately 53 percent of total
trading assets) or ‘‘Other trading assets
in domestic offices’’ (approximately 11
percent of total trading assets). Schedule
RC–D, Trading Assets and Liabilities,
currently does not provide any specific
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
51819
detail on the trading assets held in
foreign offices or other trading assets in
domestic offices. This limits the banking
agencies’ ability to assess bank
exposures to market, liquidity, credit,
operational, and other risks posed by
these assets. To appropriately assess the
safety and soundness of banks with
these exposures and banks with
significant concentrations in trading
assets, the banking agencies propose
three revisions to Schedule RC–D.
First, the banking agencies propose to
eliminate the single line item for trading
assets in foreign offices on the FFIEC
031 Call Report form and revise the
schedule to include separate columns
for the consolidated bank and for
domestic offices. This will provide
detail on the assets in foreign offices in
a manner consistent with disclosures
about trading assets throughout the
bank. Second, the banking agencies
propose to change the reporting
threshold for Schedule RC–D. At
present, a bank must complete Schedule
RC–D each quarter during a calendar
year if the bank reported a quarterly
average for trading assets of $2 million
or more in Schedule RC–K, item 7, for
any quarter of the preceding calendar
year.5 As proposed, Schedule RC–D
would be completed in any quarter
when the quarterly average for trading
assets was $2 million or more in any of
the four preceding quarters.6 This
change will enable the banking agencies
to more quickly and readily monitor the
composition and risk exposures of the
trading accounts of banks that become
more significantly involved in trading
activities. During 2006, 118 banks
reported average trading assets of $2
million or more in any quarter of the
year.
Third, the banking agencies propose
to require banks with average trading
assets of $1 billion or more in any of the
four preceding quarters to provide
additional detail on trading assets and
liabilities currently included in the
‘‘other’’ trading asset and liability
categories. These banks would provide
additional breakouts for asset-backed
securities by major category,
collateralized debt obligations (both
synthetic and non-synthetic), retained
5 This same reporting threshold applies to
Schedule RI, Memorandum item 8, in which banks
report a breakdown of trading revenue by risk
exposure, but the banking agencies are not
proposing to change the threshold for this
Memorandum item.
6 For example, if a bank reported a quarterly
average for trading assets of $2 million or more for
the first time in its March 31, 2008, Call Report, it
would begin to complete Schedule RC–D in its June
30, 2008, Call Report. At present, the bank would
not begin to complete Schedule RC–D until its
March 31, 2009, Call Report.
E:\FR\FM\11SEN1.SGM
11SEN1
51820
Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Notices
sroberts on PROD1PC70 with NOTICES
interests in securitizations, equity
securities (both with and without
readily determinable fair values), and
loans held pending securitization. In
addition, these banks would be required
to provide a description of and report
the fair value of any type of trading asset
or liability in the ‘‘Other trading assets’’
and ‘‘Other trading liabilities’’
categories that is greater than $25,000
and exceeds 25 percent of the amount
reported in that trading category. This
threshold is comparable to the threshold
that all banks use for providing
additional detail on other assets and
other liabilities reported in Schedules
RC–F and RC–G, respectively.
D. Reporting Credit Derivative Data for
Risk-Based Capital Purposes in the Call
Report
Approximately 50 banks report that
they have entered into credit derivative
contracts either as a guarantor or
beneficiary. For credit derivative
contracts that are covered by the
banking agencies’ risk-based capital
standards, the Call Report instructions
require banks to report these credit
derivatives in item 52, ‘‘All other offbalance sheet liabilities,’’ of Schedule
RC–R, Regulatory Capital, unless the
credit derivatives represent recourse
arrangements or direct credit
substitutes, which are reported in one of
the preceding items in the Derivatives
and Off-Balance Sheet Items section of
the schedule. This reporting approach
was developed to enable banks that sold
credit protection and held the credit
derivative to apply a 100 percent risk
weight to the notional amount
consistent with the risk-based capital
treatment of standby letters of credit and
guarantees. At present, Schedule RC–R,
item 54, ‘‘Derivative contracts,’’
specifically excludes credit derivatives
and does not include a 100 percent risk
weight column because the maximum
risk weight on the counterparty credit
risk charge for other types of derivatives
is 50 percent.
However, this reporting approach
does not consider that some credit
derivative positions are subject to a
counterparty credit risk charge, which is
calculated for other derivative positions
in item 54, even if the credit derivatives
are held by a bank that is subject to the
market risk capital rules. The banking
agencies also understand that credit
derivatives often are included in
bilateral netting arrangements. When
derivatives are subject to such an
arrangement, the instructions to
Schedule RC–R, item 54, permit a bank
to report a net amount representing its
exposure to a counterparty for all
derivative transactions under the
VerDate Aug<31>2005
17:06 Sep 10, 2007
Jkt 211001
bilateral netting arrangement with that
counterparty. However, by instructing a
bank not to report its counterparty
credit risk exposure for credit
derivatives in Schedule RC–R, item 54,
the banking agencies are, in effect,
requiring the bank to separate its
exposures resulting from credit
derivatives from its net exposure to a
counterparty. As a consequence, the
bank is unable to recognize the netting
benefit in its risk-based capital
calculation.
The banking agencies are proposing to
modify the Call Report instructions for
Schedule RC–R to allow the reporting of
the credit equivalent amount of credit
derivatives subject to the counterparty
credit risk charge in item 54 of the
schedule. In addition, the banking
agencies would extend the existing 100
percent risk weight column in Schedule
RC–R to item 54, ‘‘Derivative contracts.’’
E. Revision of Reporting Threshold for
Other Noninterest Income and Other
Noninterest Expense in the Call Report
In 2001, the banking agencies changed
the threshold for reporting detail on the
components of ‘‘Other noninterest
income,’’ included in Schedule RI, item
5.l, and ‘‘Other noninterest expense,’’
reported in Schedule RI, item 7.d, to
require banks separately to disclose on
Schedule RI–E, Explanations, the
description and amount of any
component included in other
noninterest income and other
noninterest expense that exceeded 1
percent of the sum of interest income
and noninterest income. Since that time,
the banking agencies have monitored
bank disclosures of the types of
noninterest income and noninterest
expenses in excess of this threshold to
assess the safety and soundness
considerations associated with the
changing sources of these income and
expense streams. Based on this review,
the banking agencies have determined
that the current threshold does not
provide sufficient information on the
sources of bank noninterest income and
noninterest expenses to adequately
address their safety and soundness
concerns. As a result, the banking
agencies are proposing to change the
threshold for reporting detail
information on the components of other
noninterest income and other
noninterest expense.
Prior to 2001, banks were required to
separately disclose the description and
amount of any item included in other
noninterest income that exceeded 10
percent of other noninterest income and
any item included in other noninterest
expense that exceeded 10 percent of
other noninterest expense. The banking
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
agencies have determined that
thresholds based on a percentage of
other noninterest income and other
noninterest expense are more relevant
criteria for determining when a bank
should provide more detail. The
banking agencies propose to change the
threshold to require banks to separately
disclose the description and amount of
any item included in other noninterest
income that exceeds 3 percent of other
noninterest income and any item
included in other noninterest expense
that exceeds 3 percent of other
noninterest expense. This percentage is
intended to initially result in a reporting
threshold that is comparable to the
current 1 percent of interest income
plus noninterest income threshold. It is
also expected to provide more relevant
disclosures than the current threshold
as the amounts reported in noninterest
income and noninterest expense change
over time.
In addition, based on a review of
recent bank disclosures of components
of other noninterest income and other
noninterest expense reported in
Schedule RI–E, the banking agencies
plan to add one new preprinted caption
for other noninterest income and four
new preprinted captions for other
noninterest expense to help banks
comply with the disclosure
requirements. As with the existing
preprinted captions for other
noninterest income and other
noninterest expense, banks are only
required to use these descriptions and
provide the amounts for these
components when the amounts
included in other noninterest income or
other noninterest expense exceed the
reporting threshold. The new preprinted
other noninterest income caption is
bank card/credit card interchange fees.
The new preprinted noninterest expense
captions are: (1) Accounting and
auditing expenses, (2) consulting and
advisory expenses, (3) automated teller
machine (ATM) and interchange
expenses, and (4) telecommunications
expenses.
F. Reporting Brokered Time Deposits
Participated Out by the Broker in the
Call Report
The banking agencies revised the
instructions for Schedule RC–E,
Memorandum items 2.b, ‘‘Total time
deposits of less than $100,000,’’ and 2.c,
‘‘Total time deposits of $100,000 or
more,’’ in March 2007. This was done so
that brokered time deposits issued in
denominations of $100,000 or more that
are participated out by the broker in
shares of less than $100,000 would be
reported in the former rather than the
latter Memorandum item. However, the
E:\FR\FM\11SEN1.SGM
11SEN1
Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Notices
banking agencies did not make a
conforming instructional revision to
Schedule RC–E, Memorandum items
1.c.(1) and 1.c.(2), on fully insured
brokered deposits. This means that
these participated brokered time
deposits continue to be reported as
brokered deposits of greater than
$100,000 rather than brokered deposits
of less than $100,000. Consistent
reporting of these brokered time
deposits across these Schedule RC–E
Memorandum items is needed for
purposes of measuring a bank’s noncore liabilities. Therefore, the banking
agencies are proposing to revise
Schedule RC–E, Memorandum items
1.c.(1) and 1.c.(2), so that brokered time
deposits issued in denominations of
$100,000 or more that are participated
out by the broker in shares of less than
$100,000 are reported in Memorandum
item 1.c.(1) as fully insured brokered
deposits of less than $100,000.
sroberts on PROD1PC70 with NOTICES
III. Discontinuance of Mailing of Call
Report Forms and Instructions
The banking agencies are planning to
discontinue the mailing of report forms
and instructions for the FFIEC 031 and
FFIEC 041. In March 2006, the banking
agencies advised banks that beginning
in June 2006 they would no longer mail
sample Call Report forms to banks each
quarter. At that time, the agencies stated
that they planned to mail sample forms
to banks only in those quarters when
significant revisions are made to the
report forms. The banking agencies have
continued to mail updates to the Call
Report instruction book in those
quarters when such updates have been
issued. Based on their current practice,
the banking agencies’ next mailing
would take place in March 2008.
The Call Report forms and their
instructions are available on the FFIEC’s
Web site (https://www.ffiec.gov/
ffiec_report_forms.htm) and the FDIC’s
Web site (https://www.fdic.gov/
regulations/resources/call/)
each quarter before any mailings of the
paper forms and instructions are
completed. A paper copy of the report
forms and instructions can be printed
from the Web sites. In addition, banks
that use Call Report software generally
can print paper copies of blank forms
from their software. The banking
agencies request comment on this issue.
IV. Request for Comment
Public comment is requested on all
aspects of this joint notice. Comments
are invited on:
(a) Whether the proposed revisions to
the Call Report and TFR collections of
information are necessary for the proper
performance of the agencies’ functions,
VerDate Aug<31>2005
17:06 Sep 10, 2007
Jkt 211001
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 and will be summarized or
included in the agencies’ requests for
OMB approval. All comments will
become a matter of public record.
Dated: September 4, 2007.
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, September 5, 2007.
Jennifer J. Johnson,
Secretary of the Board.
Dated at Washington, DC, this 31st day of
August, 2007.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
Dated: August 30, 2007.
Deborah Dakin,
Senior Deputy Chief Counsel, Regulations and
Legislation Division, Office of Thrift
Supervision.
[FR Doc. 07–4420 Filed 9–10–07; 8:45 am]
BILLING CODE 4810–33–P; 6210–01–P; 6714–01–P;
6720–01–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
Notice of a Matter To Be Deferred From
the Agenda for Consideration at an
Agency Meeting
Pursuant to the provisions of the
‘‘Government in the Sunshine Act’’ (5
U.S.C. 552b), notice is hereby given that
the following matter will be deferred
from the ‘‘summary agenda’’ for
consideration at the open meeting of the
Board of Directors of the Federal
Deposit Insurance Corporation
scheduled to be held at 10 a.m. on
Tuesday, September 11, 2007, in the
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
51821
Board Room on the sixth floor of the
FDIC Building located at 550—17th
Street, NW., Washington, DC:
Memorandum and resolution re:
Proposed FDIC Liquidation Investment
Policy.
Requests for further information
concerning the meeting may be directed
to Mr. Robert E. Feldman, Executive
Secretary of the Corporation, at (202)
898–7122.
Dated: September 6, 2007.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. E7–17845 Filed 9–10–07; 8:45 am]
BILLING CODE 6714–01–P
FEDERAL RESERVE SYSTEM
Change in Bank Control Notices;
Acquisition of Shares of Bank or Bank
Holding Companies
The notificants listed below have
applied under the Change in Bank
Control Act (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire a bank or bank
holding company. The factors that are
considered in acting on the notices are
set forth in paragraph 7 of the Act (12
U.S.C. 1817(j)(7)).
The notices are available for
immediate inspection at the Federal
Reserve Bank indicated. The notices
also will be available for inspection at
the office of the Board of Governors.
Interested persons may express their
views in writing to the Reserve Bank
indicated for that notice or to the offices
of the Board of Governors. Comments
must be received not later than
September 26, 2007.
A. Federal Reserve Bank of Kansas
City (Todd Offenbacker, Assistant Vice
President) 925 Grand Avenue, Kansas
City, Missouri 64198–0001:
1. John D. Gross, Pine Bluffs,
Wyoming, and Andrea G. Lamons, Fort
Collins, Colorado, as co–trustees of the
Loraine C. Gross Revocable Trust and
the Charles C. Gross, Jr. Revocable
Trust; to acquire voting shares of
Commercial Bancorp, and thereby
indirectly acquire voting shares of
Farmers State Bank, both in Pine Bluffs,
Wyoming.
Board of Governors of the Federal Reserve
System, September 6, 2007.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. E7–17836 Filed 9–10–07; 8:45 am]
BILLING CODE 6210–01–S
E:\FR\FM\11SEN1.SGM
11SEN1
Agencies
[Federal Register Volume 72, Number 175 (Tuesday, September 11, 2007)]
[Notices]
[Pages 51814-51821]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-4420]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
FEDERAL RESERVE SYSTEM
FEDERAL DEPOSIT INSURANCE CORPORATION
DEPARTMENT OF THE TREASURY
Office of Thrift Supervision
Proposed Agency Information Collection Activities; Comment
Request
AGENCIES: Office of the Comptroller of the Currency (OCC), Treasury;
Board of Governors of the Federal Reserve System (Board); Federal
Deposit Insurance Corporation (FDIC); and Office of Thrift Supervision
(OTS), Treasury.
ACTION: Joint notice and request for comment.
-----------------------------------------------------------------------
SUMMARY: In accordance with the requirements of the Paperwork Reduction
Act of 1995 (44 U.S.C. chapter 35), the OCC, the Board, the FDIC, and
the OTS (the ``agencies'') may not conduct or sponsor, and the
respondent is not required to respond to, an information collection
unless it displays a currently valid Office of Management and Budget
(OMB) control number. The Federal Financial Institutions Examination
Council (FFIEC), of which the agencies are members, has approved the
agencies' publication for public comment of a proposal to extend, with
revision, the Consolidated Reports of Condition and Income (Call
Report) for banks and the Thrift Financial Report (TFR) for savings
associations, which are currently approved collections of information.
At the end of the comment period, the comments and recommendations
received will be analyzed to determine the extent to which the FFIEC
and the agencies should modify the proposed revisions prior to giving
final approval. The agencies will then submit the revisions to OMB for
review and approval.
DATES: Comments must be submitted on or before November 13, 2007.
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: Communications Division, Office of the Comptroller of the
Currency, Public Information Room, Mailstop 1-5, Attention: 1557-0081,
250 E Street, SW., Washington, DC 20219. In addition, comments may be
sent by fax to (202) 874-4448, or by electronic mail to
regs.comments@occ.treas.gov. You may personally inspect and photocopy
the comments at the OCC's Public Information Room, 250 E Street, SW.,
Washington, DC 20219. For security reasons, the OCC requires that
visitors make an appointment to inspect comments. You may do so by
calling (202) 874-5043. Upon arrival, visitors will be required to
present valid government-issued photo identification and submit to
security screening in order to inspect and photocopy comments.
Board: You may submit comments, which should refer to
``Consolidated Reports of Condition and Income, 7100-0036, March 2008''
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
[[Page 51815]]
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:
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), Clearance Officer,
Attn: Comments, Room MB-2088, 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, 3501 Fairfax Drive,
Arlington, VA 22226, between 9 a.m. and 5 p.m. on business days.
OTS: You may submit comments, identified by ``1550-0023 (TFR:
Schedule DI Revisions),'' by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail address: infocollection.comments@ots.treas.gov.
Please include ``1550-0023 (TFR: March 2008 Revisions)'' in the subject
line of the message and include your name and telephone number in the
message.
Fax: (202) 906-6518.
Mail: Information Collection Comments, Chief Counsel's
Office, Office of Thrift Supervision, 1700 G Street, NW., Washington,
DC 20552, Attention: ``1550-0023 (TFR: March 2008 Revisions).''
Hand Delivery/Courier: Guard's Desk, East Lobby Entrance,
1700 G Street, NW., from 9 a.m. to 4 p.m. on business days, Attention:
Information Collection Comments, Chief Counsel's Office, Attention:
``1550-0023 (TFR: March 2008 Revisions).''
Instructions: All submissions received must include the agency name
and OMB Control Number for this information collection. All comments
received will be posted without change to the OTS Internet Site at
https://www.ots.treas.gov/pagehtml.cfm?catNumber=67&an=1, including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received, go to https://www.ots.treas.gov/
pagehtml.cfm?catNumber=67&an=1. In addition, you may inspect comments
at the Public Reading Room, 1700 G Street, NW., by appointment. To make
an appointment for access, call (202) 906-5922, send an e-mail to
public.info@ots.treas.gov, or send a facsimile transmission to (202)
906-7755. (Prior notice identifying the materials you will be
requesting will assist us in serving you.) We schedule appointments on
business days between 10 a.m. and 4 p.m. In most cases, appointments
will be available the next business day following the date we receive a
request.
Additionally, commenters may send a copy of their comments to the
OMB desk officer for the agencies by mail to the Office of Information
and Regulatory Affairs, U.S. Office of Management and Budget, New
Executive Office Building, Room 10235, 725 17th Street, NW.,
Washington, DC 20503, or by fax to (202) 395-6974.
FOR FURTHER INFORMATION CONTACT: For further information about the
revisions discussed in this notice, please contact any of the agency
clearance officers whose names appear below. In addition, copies of the
Call Report forms can be obtained at the FFIEC's Web site (http: //
www.ffiec.gov/ffiec_report_forms.htm). Copies of the TFR can be
obtained from the OTS's Web site (https://www.ots.treas.gov/
main.cfm?catNumber=2&catParent=0).
OCC: Mary Gottlieb, OCC Clearance Officer, Office of the
Comptroller of the Currency, 250 E Street, SW., Washington, DC 20219.
Board: Michelle E. Shore, Federal Reserve Board Clearance Officer,
(202) 452-3829, Division of Research and Statistics, Board of Governors
of the Federal Reserve System, 20th and C Streets, NW., Washington, DC
20551. Telecommunications Device for the Deaf (TDD) users may call
(202) 263-4869.
FDIC: Steven F. Hanft, Paperwork Clearance Officer, (202) 898-3907,
Legal Division, Federal Deposit Insurance Corporation, 550 17th Street,
NW., Washington, DC 20429.
OTS: Ira L. Mills, OTS Clearance Officer, at
Ira.Mills@ots.treas.gov, (202) 906-6531, or facsimile number (202) 906-
6518, Litigation Division, Chief Counsel's Office, Office of Thrift
Supervision, 1700 G Street, NW., Washington, DC 20552.
SUPPLEMENTARY INFORMATION: The agencies are proposing to revise and
extend for three years the Call Report and the TFR, which are currently
approved collections of information.\1\
---------------------------------------------------------------------------
\1\ The proposed changes to the Call Report and the TFR that are
the subject of this notice would take effect March 31, 2008. The
banking agencies (the OCC, the Board, and the FDIC) are also
considering a separate proposal to incorporate the FDIC's Summary of
Deposits report (OMB No. 3064-0061) into the Call Report effective
June 30, 2008. If the FFIEC and the banking agencies approve the
proposed inclusion of the Summary of Deposits in the Call Report,
the banking agencies will publish a request for comment on this
proposal in accordance with the requirements of the Paperwork
Reduction Act of 1995.
---------------------------------------------------------------------------
1. Report Title: Consolidated Reports of Condition and Income (Call
Report).
Form Number: Call Report: FFIEC 031 (for banks with domestic and
foreign offices) and FFIEC 041 (for banks with domestic offices only).
Frequency of Response: Quarterly.
Affected Public: Business or other for-profit.
OCC:
OMB Number: 1557-0081.
Estimated Number of Respondents: 1,750 national banks.
Estimated Time per Response: 45.42 burden hours.
Estimated Total Annual Burden: 317,967 burden hours.
Board:
OMB Number: 7100-0036.
Estimated Number of Respondents: 885 state member banks.
Estimated Time per Response: 52.07 burden hours.
Estimated Total Annual Burden: 184,328 burden hours.
FDIC:
OMB Number: 3064-0052.
Estimated Number of Respondents: 5,218 insured state nonmember
banks.
Estimated Time per Response: 36.16 burden hours.
Estimated Total Annual Burden: 754,732 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 635 hours per quarter,
depending on an individual institution's circumstances.
2. Report Title: Thrift Financial Report (TFR).
Form Number: OTS 1313 (for savings associations).
Frequency of Response: Quarterly; Annually.
Affected Public: Business or other for-profit.
OTS:
OMB Number: 1550-0023.
[[Page 51816]]
Estimated Number of Respondents: 838 savings associations.
Estimated Time per Response: 36.50 burden hours.
Estimated Total Annual Burden: 193,881 burden hours.
General Description of Reports
These information collections are mandatory: 12 U.S.C. 161 (for
national banks), 12 U.S.C. 324 (for state member banks), 12 U.S.C. 1817
(for insured state nonmember commercial and savings banks), and 12
U.S.C. 1464 (for savings associations). Except for selected data items,
these information collections are not given confidential treatment.
Abstract
Institutions submit Call Report and TFR data to the agencies each
quarter for the agencies' use in monitoring the condition, performance,
and risk profile of individual institutions and the industry as a
whole. Call Report and TFR data provide the most current statistical
data available for evaluating institutions' corporate applications, for
identifying areas of focus for both on-site and off-site examinations,
and for monetary and other public policy purposes. The agencies use
Call Report and TFR data in evaluating interstate merger and
acquisition applications to determine, as required by law, whether the
resulting institution would control more than ten percent of the total
amount of deposits of insured depository institutions in the United
States. Call Report and TFR data are also used to calculate all
institutions' deposit insurance and Financing Corporation assessments,
national banks' semiannual assessment fees, and the OTS's assessments
on savings associations.
Current Actions
I. Overview
The four agencies are proposing to revise the Call Report and TFR
instructions for reporting daily average deposit data by newly insured
institutions for deposit insurance assessment purposes to conform the
instructions with the FDIC's assessment regulations (12 CFR Part 327).
These revisions are discussed in Section II.A of this notice.
In addition, the OCC, the Board, and the FDIC (the banking
agencies) propose to implement a number of other changes to the Call
Report requirements, which are discussed in detail in Sections II.B
through II.F of this notice. The OTS may issue a separate notice and
request for comment if it determines that the TFR should be revised to
include some or all of the proposed changes to the Call Report. The
Call Report changes include several related to 1-4 family residential
mortgage loans such as reporting interest and fee income on and the
quarterly average for such mortgages separately from income on and the
quarterly average for all other real estate loans and the addition of
new items for restructured troubled mortgages and mortgage loans in
process of foreclosure. Call Report Schedule RC-P on closed-end 1-4
family residential mortgage banking activities, which is completed by
larger banks and smaller banks with a significant level of such
activities, would be expanded to include originations, purchases, and
sales of open-end mortgages as well as closed-end and open-end mortgage
loan repurchases and indemnifications during the quarter. The Call
Report's trading account definition would be modified in response to
the creation of a fair value option in generally accepted accounting
principles (GAAP). Call Report Schedule RC-Q, which collects data on
fair value measurements for trading assets and liabilities and other
assets and liabilities accounted for under a fair value option, and
certain other schedules, including the loan schedule (Schedule RC-C),
would also be revised to enhance the information available on
instruments accounted for under this option. Revisions would also be
made to the schedule on trading assets and liabilities (Schedule RC-D).
The Call Report instructions would be clarified for reporting credit
derivative data in the risk-based capital schedule (Schedule RC-R) and
a corresponding change would be made to the schedule itself. The
threshold for reporting significant items of other noninterest income
and expense in the explanations schedule (Schedule RI-E) would also be
changed. The instructions for reporting fully insured brokered deposits
in Schedule RC-E, Deposit Liabilities, would be revised to conform to
the instructions for reporting time deposits in this schedule.
The preceding proposed revisions to the Call Report and the TFR,
which have been approved for publication by the FFIEC and are discussed
in more detail below, would take effect as of March 31, 2008. The
specific wording of the captions for the new or revised Call Report
data items discussed in this proposal and the numbering of these data
items should be regarded as preliminary.
Finally, the banking agencies request comment on a plan to
discontinue the mailing of paper Call Report forms and instructions to
banks, which is discussed in Section III of this notice.
Type of Review: Revision and extension of currently approved
collections.
II. Discussion of Proposed Revisions
A. Reporting of Data for Deposit Insurance Assessments in the Call
Report and TFR by Newly Insured Institutions
Section 327.5(a)(1) of the FDIC's assessment regulations (12 CFR
327.5(a)(1)) states that ``[a]n institution that becomes newly insured
after the first report of condition allowing for average daily balances
shall have its assessment base determined using average daily
balances.'' For purposes of these regulations, the term ``report of
condition'' includes the Call Report and the TFR. Both of these reports
first allowed an institution to report average daily balances for the
deposit data used to determine its assessment base as of the March 31,
2007, report date. This change was introduced as of that date in
conjunction with a revision and reduction in the overall reporting
requirements related to deposit insurance assessments in Call Report
Schedule RC-O and TFR Schedule DI that was intended to simplify
regulatory reporting. As part of these revised overall reporting
requirements, the agencies provided an interim period covering the
March 31, 2007, through December 31, 2007, report dates during which
each institution has the option to submit its Call Reports or TFRs
using either the current or revised formats for reporting the data used
to measure their assessment base. The revised reporting format will
take effect for all institutions on March 31, 2008, at which time the
current reporting format will be eliminated.
The instructions issued in March 2007 for the revised reporting
format state that an institution that becomes newly insured on or after
April 1, 2008, would be required to report daily average balances
beginning in the first quarterly Call Report or TFR that it files.
However, these instructions do not conform to the previously cited
language in the FDIC's assessments regulations with respect to their
treatment of institutions that become insured between April 1, 2007,
and March 31, 2008. Therefore, the agencies are revising the
instructions to Call Report Schedule RC-O and TFR Schedule DI to
require an institution that becomes insured after March 31, 2007, but
on or before March 31, 2008, to begin reporting daily average balances
in its Call Report or TFR for the March 31, 2008, report date. The
requirement for an institution that
[[Page 51817]]
becomes insured on or after April 1, 2008, to report daily average
deposit data beginning in its first quarterly Call Report or TFR would
remain in effect.
B. Call Report Revisions Related to 1-4 Family Residential Mortgage
Loans
Since year-end 2000, commercial bank holdings of 1-4 family
residential mortgage loans in domestic offices have increased nearly
108 percent to more than $1.9 trillion. Nearly 98 percent of all banks
hold such mortgages. 1-4 family residential mortgages now represent the
single largest category of loans held by commercial banks, surpassing
commercial and industrial loans as the largest category in 2002. As a
percentage of total loans and leases at commercial banks, 1-4 family
residential mortgages have grown from 24 percent at year-end 2000 to 32
percent at year-end 2006. Similarly, 1-4 family residential mortgages
have increased from less than 15 percent of total assets to nearly 19
percent of total assets during this period. During the first quarter of
2007, bank originations and purchases of closed-end 1-4 family
residential mortgages for resale exceeded $287 billion. There has been
a growing use of nontraditional residential mortgage products and an
increasing number of banks offering such products. In addition, the
volume of 1-4 family residential mortgage loans extended to subprime
borrowers has increased. At the same time, home prices have stagnated
or even declined in many areas of the country. The higher concentration
of 1-4 family residential mortgages across the industry and the
changing risk profile of the loans with which banks are associated in
some capacity has led the banking agencies to evaluate the information
they collect about such loans in the Call Report. As a result, the
banking agencies are proposing several Call Report changes that are
intended to enhance their ability to monitor the nature and extent of
banks' involvement with 1-4 family residential mortgage loans as
originators, holders, sellers, and servicers of such loans.
1. Interest and Fee Income and Quarterly Average
At present, banks report the total amount of interest and fee
income on their ``Loans secured by real estate'' (in domestic offices)
in the Call Report income statement (Schedule RI, item 1.a.(1)(a) on
the FFIEC 031 and item 1.a.(1) on the FFIEC 041) and the quarterly
average for these loans (in domestic offices) in the quarterly averages
schedule (Schedule RC-K, item 6.a.(2) on the FFIEC 031 and item 6.b on
the FFIEC 041). The banking agencies are proposing to split these
existing income statement and quarterly average items into separate
items for the interest and fee income on and the quarterly averages of
``Loans secured by 1-4 family residential properties'' and ``All other
loans secured by real estate.''
2. Restructured Mortgages
Banks currently report information on the amount of loans whose
terms have been modified, because of a deterioration in the financial
condition of the borrower, to provide for a reduction of either
interest or principal. When such restructured loans are past due 30
days or more or are in nonaccrual status in relation to their modified
terms as of the report date, they are reported in Schedule RC-N,
Memorandum item 1. In contrast, when such restructured loans are less
than 30 days past due and are not otherwise in nonaccrual status, that
is, when they are deemed to be in compliance with their modified terms
as discussed in the Call Report instructions, banks report the amount
of these loans in the Call Report loan schedule (Schedule RC-C, part I,
Memorandum item 1). However, the instructions advise banks to exclude
restructured loans secured by 1-4 family residential properties from
these Memorandum items.
This exclusion was incorporated into the Call Report instructions
because the original disclosure requirements for troubled debt
restructurings under GAAP provided that creditors need not disclose
information on restructured real estate loans secured by 1-4 family
residential properties.\2\ However, this exemption from disclosure
under GAAP has since been eliminated.\3\ Accordingly, the banking
agencies are proposing to add a new Memorandum item to Schedule RC-C,
part I, for ``Loans secured by 1-4 family residential properties (in
domestic offices)'' that have been restructured and are in compliance
with their modified terms and a new Memorandum item to Schedule RC-N,
for restructured ``Loans secured by 1-4 family residential properties
(in domestic offices)'' that are past due 30 days or more or in
nonaccrual status.
---------------------------------------------------------------------------
\2\ See Financial Accounting Standards Board Statement No. 15,
Accounting by Debtors and Creditors for Troubled Debt
Restructurings, footnote 25.
\3\ See Financial Accounting Standards Board Statement No. 114,
Accounting by Creditors for Impairment of a Loan, paragraph 22(f).
---------------------------------------------------------------------------
3. Mortgages in Foreclosure
The banking agencies currently collect data on the amount of loans
secured by 1-4 family residential properties that are past due 30 days
or more or are in nonaccrual status (Schedule RC-N, item 1.c) and on
the amount of foreclosed 1-4 family residential properties held by the
bank (Schedule RC-M, item 3.b.(3)). However, regardless of whether the
bank owns the loans or services the loans for others, banks do not
report the volume of 1-4 family residential mortgage loans that are in
process of foreclosure, an indicator of potential additions to the
bank's ``other real estate owned'' in the near term. The banking
agencies propose to add two new Memorandum items for the amount of 1-4
family residential mortgage loans owned by the bank and serviced by the
bank that are in foreclosure as of the quarter-end report date.
Mortgage loans in foreclosure would be those for which the legal
process of foreclosure has been initiated, but for which the
foreclosure process has not yet been resolved at quarter-end.\4\ These
Memorandum items would be added to the Call Report loan schedule
(Schedule RC-C, part I) and the servicing, securitization, and asset
sale activities schedule (Schedule RC-S), with the carrying amount
(before any applicable allowance for loan and leases losses) reported
in the former Memorandum item and the principal amount reported in the
latter Memorandum item. Reporting mortgage loans as being in process of
foreclosure will not exempt those loans owned by the bank from being
reported as past due or nonaccrual, as appropriate, in Call Report
Schedule RC-N, and will not exempt those loans serviced by the bank
that are reported in Schedule RC-S, item 1, from being reported as past
due, as appropriate, in that schedule.
---------------------------------------------------------------------------
\4\ For banks that participate in the Mortgage Bankers
Association's (MBA) National Delinquency Survey, the time at which
mortgage loans would become reportable as being in process of
foreclosure for Call Report purposes would be the same time at which
mortgage loans become reportable as being in ``foreclosure
inventory'' for MBA survey purposes (although the dollar amount of
such loans would be reported in the Call Report while the number of
such loans are reported for MBA survey purposes).
---------------------------------------------------------------------------
4. Open-end 1-4 Family Residential Mortgage Banking Activities
Banks with $1 billion or more in total assets and smaller banks
that meet certain criteria currently provide data on originations,
purchases, and sales of closed-end 1-4 family residential mortgage
loans during the quarter arising from their mortgage banking activities
in domestic offices in Call Report Schedule RC-P. These banks also
report the amount of closed-end 1-4 family residential mortgage loans
held
[[Page 51818]]
for sale at quarter-end as well as the noninterest income for the
quarter from the sale, securitization, and servicing of these mortgage
loans. Data (other than for noninterest income) is provided separately
for first lien and junior lien mortgages in Schedule RC-P. About 650
banks complete Schedule RC-P, less than 300 of which have total assets
of less than $1 billion. However, this information does not provide a
complete picture of banks' mortgage banking activities since it
excludes open-end 1-4 family residential mortgages extended under lines
of credit. From year-end 2001 to year-end 2006, bank holdings of 1-4
family residential mortgage loans extended under lines of credit more
than tripled to nearly $470 billion. Accordingly, the banking agencies
are proposing to expand the scope of Schedule RC-P to include separate
items for originations, purchases, and sales of open-end 1-4 family
residential mortgages during the quarter; the amount of such mortgages
held for sale at quarter-end; and noninterest income for the quarter
from the sale, securitization, and servicing of open-end residential
mortgages. When reporting the originations, purchases, sales, and
mortgages held for sale, banks would report both the total commitment
under the line of credit and the principal amount funded under the
line. For banks with less than $1 billion in total assets, the criteria
used to determine whether Schedule RC-P must be completed would be
modified to include both closed-end and open-end 1-4 family residential
mortgage bank activities.
5. Mortgage Repurchases and Indemnifications
As a result of its 1-4 family residential mortgage banking
activities, a bank may be obligated to repurchase mortgage loans that
it has sold or otherwise indemnify the loan purchaser against loss
because of borrower defaults, loan defects, other breaches of
representations and warranties, or for other reasons, thereby exposing
the bank to additional risk. Such information is not currently captured
in Call Report Schedule RC-P. Therefore, the banking agencies propose
to add four new items to Schedule RC-P to collect data on mortgage loan
repurchases and indemnifications during the quarter. For both closed-
end first lien and closed-end junior lien 1-4 family residential
mortgages, banks would report the principal amount of mortgages
repurchased or indemnified. For open-end 1-4 family residential
mortgages, banks would report both the total commitment under the line
of credit and the principal amount funded under the line for mortgages
repurchased or indemnified.
C. Call Report Data on Trading Assets and Liabilities and Other Assets
and Liabilities Accounted for Under a Fair Value Option
1. Reporting of Assets and Liabilities Under the Fair Value Option as
Trading
On February 15, 2007, the Financial Accounting Standards Board
(FASB) issued Statement No. 159, The Fair Value Option for Financial
Assets and Financial Liabilities (FAS 159), which is effective for
fiscal years beginning after November 15, 2007. Earlier adoption of FAS
159 was permitted as of the beginning of an earlier fiscal year,
provided the bank (i) Also adopts all of the requirements of FASB
Statement No. 157, Fair Value Measurements (FAS 157) at the early
adoption date of FAS 159; (ii) has not yet issued a financial statement
or submitted Call Report data for any period of that fiscal year; and
(iii) satisfies certain other conditions. Thus, a bank with a calendar
year fiscal year may have voluntarily adopted FAS 159 as of January 1,
2007. Changes in the fair value of financial assets and liabilities to
which the fair value option is applied are reported in current earnings
as is currently the case for trading assets and liabilities. Since the
fair value option standard allows a bank to elect fair value
measurement through earnings for financial assets and financial
liabilities, the banking agencies understand that some institutions
would like to reclassify certain loans elected to be accounted for
under the fair value option as trading assets. The Call Report
instructions currently do not allow loans held for sale to be reported
as trading assets.
Under FAS 159, all securities within the scope of FASB Statement
No. 115, Accounting for Certain Investments in Debt and Equity
Securities (FAS 115), that a bank has elected to report at fair value
under a fair value option should be classified as trading securities.
Recognizing the provisions of FAS 159, the banking agencies are
proposing the following clarification to the Call Report instructions,
including the Call Report Glossary entry for ``Trading Account.'' Banks
may classify assets (other than securities within the scope of FAS 115
for which a fair value option is elected) and liabilities as trading if
the bank applies fair value accounting, with changes in fair value
reported in current earnings, and manages these assets and liabilities
as trading positions, subject to the controls and applicable regulatory
guidance related to trading activities. For example, a bank would
generally not classify a loan to which it has applied the fair value
option as a trading asset unless the bank holds the loan, which it
manages as a trading position, for one of the following purposes: (1)
For market making activities, including such activities as accumulating
loans for sale or securitization; (2) to benefit from actual or
expected price movements; or (3) to lock in arbitrage profits.
2. Revision of Certain Fair Value Measurement and Fair Value Option
Information in the Call Report
Effective for the March 31, 2007, report date, the banking agencies
started collecting information on certain assets and liabilities
measured at fair value on Call Report Schedule RC-Q, Financial Assets
and Liabilities Measured at Fair Value. Schedule RC-Q was intended to
be consistent with the disclosure and other requirements contained in
FAS 157 and FAS 159. Based on the banking agencies' review of initial
industry practice and inquiries from banks, the agencies have
determined that industry practice for preparing and reporting FAS 157
disclosures has evolved differently than the process for the
information collected on Schedule RC-Q. This divergence has resulted in
unnecessary burden and less transparency for the affected banks in two
material respects.
First, Schedule RC-Q does not allow banks to separately identify
each of the three levels of fair value measurements prescribed by FAS
157. The banking agencies included Level 1 fair value measurements in
the total fair value amount in column A of Schedule RC-Q as a means of
minimizing reporting burden. However, the omission of a separate column
on Schedule RC-Q for Level 1 fair value measurements has increased the
time bank managements spend preparing and reviewing Schedule RC-Q
because the fair value disclosures on Schedule RC-Q differ from those
in the banks' other financial statements. Second, Schedule RC-Q does
not allow banks to separately identify any amounts by which the gross
fair values of assets and liabilities reported for Level 2 and 3 fair
value measurements included in columns B and C have been offset
(netted) in the determination of the total fair value reported on the
Call Report balance sheet (Schedule RC), which is disclosed in column A
of Schedule RC-Q. Based on a review of industry practice, these
disclosures are commonly made in the banks' other financial statements.
To reduce confusion related to the differences in industry practice
and the Call Report, the banking agencies
[[Page 51819]]
propose to add two columns to Schedule RC-Q to allow banks to report
any netting adjustments and Level 1 fair value measurements separately
in a manner consistent with industry practice. The new columns would be
captioned column B, Amounts Netted in the Determination of Total Fair
Value Reported on Schedule RC, and column C, Level 1 Fair Value
Measurements. Existing column B, Level 2 Fair Value Measurements, and
column C, Level 3 Fair Value Measurements, of Schedule RC-Q would be
recaptioned as columns D and E, respectively. Column A would remain
unchanged.
The banking agencies have also given further consideration to the
information that will be necessary to effectively assess the safety and
soundness of banks that utilize the fair value option pursuant to FAS
159. Based on this assessment, the banking agencies propose to amend
certain other Call Report schedules to improve the agencies' ability to
make comparisons among entities that elect a fair value option and
those that do not. The primary focus of these proposed changes is to
enhance the information provided by banks that elect the fair value
option for loans. The proposed changes are based on the principal
objectives for disclosures and the required disclosures in FAS 159,
which were intended to provide ``information to enable users to
understand the differences between fair value and contractual cash
flows''' and to provide information ``that would have been disclosed if
the fair value option had not been elected.''
Specifically, the banking agencies propose to add items to Schedule
RC-C, part I, Loans and Leases, to collect data on the loans reported
in this schedule that are measured at fair value under a fair value
option: (1) The fair value of such loans measured by major loan
category, (2) the unpaid principal balance of such loans by major loan
category, and (3) the aggregate amount of the difference between the
fair value and the unpaid principal balance of such loans that is
attributable (a) to changes in the credit risk of the loan since its
origination and (b) to all other factors. Comments are invited on: (1)
The availability of information necessary to separately report the
aggregate difference between fair value and the unpaid principal that
is attributable to changes in credit risk since origination, (2) the
reliability of estimating the amount attributable to changes in credit
risk since origination, and (3) ways to minimize the burden of
collecting information regarding the effect of changes in credit risk
on the carrying amount of loans measured at fair value.
Because Schedule RC-C, part I, provides data on loans held for
investment and for sale, the banking agencies propose to add the same
items to Schedule RC-D, Trading Assets and Liabilities, for loans
measured at fair value under a fair value option that are designated as
held for trading. The banking agencies also propose to add a new item
to Schedule RC-D for ``Other trading liabilities'' in recognition of a
bank's ability to elect to measure certain liabilities at fair value in
accordance with FAS 159 and designate them as held for trading.
The banking agencies propose to add two items to Schedule RC-N,
Past Due and Nonaccrual Loans, Leases, and Other Assets, to collect
data on the fair value and unpaid principal balance of loans measured
at fair value under a fair value option that are past due or in
nonaccrual status. The items would follow the existing three column
breakdown on Schedule RC-N that banks utilize to report all other past
due and nonaccrual loans. Since trading assets are not currently
reported on Schedule RC-N, the banking agencies propose to add similar
items to Schedule RC-D to collect the total fair value and unpaid
principal balance of loans 90 days or more past due that are classified
as trading. Finally, the banking agencies propose to add items to
Schedule RI, Income Statement, to collect information on: (1) Net gains
(losses) recognized in earnings on assets that are reported at fair
value under a fair value option; (2) estimated net gains (losses) on
loans attributable to changes in instrument-specific credit risk; (3)
net gains (losses) recognized in earnings on liabilities that are
reported at fair value under a fair value option; (4) estimated net
gains (losses) on liabilities attributable to changes in the
instrument-specific credit risk.
3. Other Revisions to the Call Report Information on Trading Assets and
Liabilities
Since 2000, the total trading assets reported by banks has
increased approximately 124 percent to $682 billion or 7 percent of
total industry assets as of March 31, 2007. In terms of concentrations,
approximately 64 percent of total trading assets now are either
reported in the category of ``Trading assets held in foreign offices''
(approximately 53 percent of total trading assets) or ``Other trading
assets in domestic offices'' (approximately 11 percent of total trading
assets). Schedule RC-D, Trading Assets and Liabilities, currently does
not provide any specific detail on the trading assets held in foreign
offices or other trading assets in domestic offices. This limits the
banking agencies' ability to assess bank exposures to market,
liquidity, credit, operational, and other risks posed by these assets.
To appropriately assess the safety and soundness of banks with these
exposures and banks with significant concentrations in trading assets,
the banking agencies propose three revisions to Schedule RC-D.
First, the banking agencies propose to eliminate the single line
item for trading assets in foreign offices on the FFIEC 031 Call Report
form and revise the schedule to include separate columns for the
consolidated bank and for domestic offices. This will provide detail on
the assets in foreign offices in a manner consistent with disclosures
about trading assets throughout the bank. Second, the banking agencies
propose to change the reporting threshold for Schedule RC-D. At
present, a bank must complete Schedule RC-D each quarter during a
calendar year if the bank reported a quarterly average for trading
assets of $2 million or more in Schedule RC-K, item 7, for any quarter
of the preceding calendar year.\5\ As proposed, Schedule RC-D would be
completed in any quarter when the quarterly average for trading assets
was $2 million or more in any of the four preceding quarters.\6\ This
change will enable the banking agencies to more quickly and readily
monitor the composition and risk exposures of the trading accounts of
banks that become more significantly involved in trading activities.
During 2006, 118 banks reported average trading assets of $2 million or
more in any quarter of the year.
---------------------------------------------------------------------------
\5\ This same reporting threshold applies to Schedule RI,
Memorandum item 8, in which banks report a breakdown of trading
revenue by risk exposure, but the banking agencies are not proposing
to change the threshold for this Memorandum item.
\6\ For example, if a bank reported a quarterly average for
trading assets of $2 million or more for the first time in its March
31, 2008, Call Report, it would begin to complete Schedule RC-D in
its June 30, 2008, Call Report. At present, the bank would not begin
to complete Schedule RC-D until its March 31, 2009, Call Report.
---------------------------------------------------------------------------
Third, the banking agencies propose to require banks with average
trading assets of $1 billion or more in any of the four preceding
quarters to provide additional detail on trading assets and liabilities
currently included in the ``other'' trading asset and liability
categories. These banks would provide additional breakouts for asset-
backed securities by major category, collateralized debt obligations
(both synthetic and non-synthetic), retained
[[Page 51820]]
interests in securitizations, equity securities (both with and without
readily determinable fair values), and loans held pending
securitization. In addition, these banks would be required to provide a
description of and report the fair value of any type of trading asset
or liability in the ``Other trading assets'' and ``Other trading
liabilities'' categories that is greater than $25,000 and exceeds 25
percent of the amount reported in that trading category. This threshold
is comparable to the threshold that all banks use for providing
additional detail on other assets and other liabilities reported in
Schedules RC-F and RC-G, respectively.
D. Reporting Credit Derivative Data for Risk-Based Capital Purposes in
the Call Report
Approximately 50 banks report that they have entered into credit
derivative contracts either as a guarantor or beneficiary. For credit
derivative contracts that are covered by the banking agencies' risk-
based capital standards, the Call Report instructions require banks to
report these credit derivatives in item 52, ``All other off-balance
sheet liabilities,'' of Schedule RC-R, Regulatory Capital, unless the
credit derivatives represent recourse arrangements or direct credit
substitutes, which are reported in one of the preceding items in the
Derivatives and Off-Balance Sheet Items section of the schedule. This
reporting approach was developed to enable banks that sold credit
protection and held the credit derivative to apply a 100 percent risk
weight to the notional amount consistent with the risk-based capital
treatment of standby letters of credit and guarantees. At present,
Schedule RC-R, item 54, ``Derivative contracts,'' specifically excludes
credit derivatives and does not include a 100 percent risk weight
column because the maximum risk weight on the counterparty credit risk
charge for other types of derivatives is 50 percent.
However, this reporting approach does not consider that some credit
derivative positions are subject to a counterparty credit risk charge,
which is calculated for other derivative positions in item 54, even if
the credit derivatives are held by a bank that is subject to the market
risk capital rules. The banking agencies also understand that credit
derivatives often are included in bilateral netting arrangements. When
derivatives are subject to such an arrangement, the instructions to
Schedule RC-R, item 54, permit a bank to report a net amount
representing its exposure to a counterparty for all derivative
transactions under the bilateral netting arrangement with that
counterparty. However, by instructing a bank not to report its
counterparty credit risk exposure for credit derivatives in Schedule
RC-R, item 54, the banking agencies are, in effect, requiring the bank
to separate its exposures resulting from credit derivatives from its
net exposure to a counterparty. As a consequence, the bank is unable to
recognize the netting benefit in its risk-based capital calculation.
The banking agencies are proposing to modify the Call Report
instructions for Schedule RC-R to allow the reporting of the credit
equivalent amount of credit derivatives subject to the counterparty
credit risk charge in item 54 of the schedule. In addition, the banking
agencies would extend the existing 100 percent risk weight column in
Schedule RC-R to item 54, ``Derivative contracts.''
E. Revision of Reporting Threshold for Other Noninterest Income and
Other Noninterest Expense in the Call Report
In 2001, the banking agencies changed the threshold for reporting
detail on the components of ``Other noninterest income,'' included in
Schedule RI, item 5.l, and ``Other noninterest expense,'' reported in
Schedule RI, item 7.d, to require banks separately to disclose on
Schedule RI-E, Explanations, the description and amount of any
component included in other noninterest income and other noninterest
expense that exceeded 1 percent of the sum of interest income and
noninterest income. Since that time, the banking agencies have
monitored bank disclosures of the types of noninterest income and
noninterest expenses in excess of this threshold to assess the safety
and soundness considerations associated with the changing sources of
these income and expense streams. Based on this review, the banking
agencies have determined that the current threshold does not provide
sufficient information on the sources of bank noninterest income and
noninterest expenses to adequately address their safety and soundness
concerns. As a result, the banking agencies are proposing to change the
threshold for reporting detail information on the components of other
noninterest income and other noninterest expense.
Prior to 2001, banks were required to separately disclose the
description and amount of any item included in other noninterest income
that exceeded 10 percent of other noninterest income and any item
included in other noninterest expense that exceeded 10 percent of other
noninterest expense. The banking agencies have determined that
thresholds based on a percentage of other noninterest income and other
noninterest expense are more relevant criteria for determining when a
bank should provide more detail. The banking agencies propose to change
the threshold to require banks to separately disclose the description
and amount of any item included in other noninterest income that
exceeds 3 percent of other noninterest income and any item included in
other noninterest expense that exceeds 3 percent of other noninterest
expense. This percentage is intended to initially result in a reporting
threshold that is comparable to the current 1 percent of interest
income plus noninterest income threshold. It is also expected to
provide more relevant disclosures than the current threshold as the
amounts reported in noninterest income and noninterest expense change
over time.
In addition, based on a review of recent bank disclosures of
components of other noninterest income and other noninterest expense
reported in Schedule RI-E, the banking agencies plan to add one new
preprinted caption for other noninterest income and four new preprinted
captions for other noninterest expense to help banks comply with the
disclosure requirements. As with the existing preprinted captions for
other noninterest income and other noninterest expense, banks are only
required to use these descriptions and provide the amounts for these
components when the amounts included in other noninterest income or
other noninterest expense exceed the reporting threshold. The new
preprinted other noninterest income caption is bank card/credit card
interchange fees. The new preprinted noninterest expense captions are:
(1) Accounting and auditing expenses, (2) consulting and advisory
expenses, (3) automated teller machine (ATM) and interchange expenses,
and (4) telecommunications expenses.
F. Reporting Brokered Time Deposits Participated Out by the Broker in
the Call Report
The banking agencies revised the instructions for Schedule RC-E,
Memorandum items 2.b, ``Total time deposits of less than $100,000,''
and 2.c, ``Total time deposits of $100,000 or more,'' in March 2007.
This was done so that brokered time deposits issued in denominations of
$100,000 or more that are participated out by the broker in shares of
less than $100,000 would be reported in the former rather than the
latter Memorandum item. However, the
[[Page 51821]]
banking agencies did not make a conforming instructional revision to
Schedule RC-E, Memorandum items 1.c.(1) and 1.c.(2), on fully insured
brokered deposits. This means that these participated brokered time
deposits continue to be reported as brokered deposits of greater than
$100,000 rather than brokered deposits of less than $100,000.
Consistent reporting of these brokered time deposits across these
Schedule RC-E Memorandum items is needed for purposes of measuring a
bank's non-core liabilities. Therefore, the banking agencies are
proposing to revise Schedule RC-E, Memorandum items 1.c.(1) and
1.c.(2), so that brokered time deposits issued in denominations of
$100,000 or more that are participated out by the broker in shares of
less than $100,000 are reported in Memorandum item 1.c.(1) as fully
insured brokered deposits of less than $100,000.
III. Discontinuance of Mailing of Call Report Forms and Instructions
The banking agencies are planning to discontinue the mailing of
report forms and instructions for the FFIEC 031 and FFIEC 041. In March
2006, the banking agencies advised banks that beginning in June 2006
they would no longer mail sample Call Report forms to banks each
quarter. At that time, the agencies stated that they planned to mail
sample forms to banks only in those quarters when significant revisions
are made to the report forms. The banking agencies have continued to
mail updates to the Call Report instruction book in those quarters when
such updates have been issued. Based on their current practice, the
banking agencies' next mailing would take place in March 2008.
The Call Report forms and their instructions are available on the
FFIEC's Web site (https://www.ffiec.gov/ffiec_report_forms.htm) and
the FDIC's Web site (https://www.fdic.gov/regulations/resources/call/
index.html) each quarter before any mailings of the paper forms and
instructions are completed. A paper copy of the report forms and
instructions can be printed from the Web sites. In addition, banks that
use Call Report software generally can print paper copies of blank
forms from their software. The banking agencies request comment on this
issue.
IV. Request for Comment
Public comment is requested on all aspects of this joint notice.
Comments are invited on:
(a) Whether the proposed revisions to the Call Report and TFR
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 and will be summarized or included in the agencies'
requests for OMB approval. All comments will become a matter of public
record.
Dated: September 4, 2007.
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, September 5,
2007.
Jennifer J. Johnson,
Secretary of the Board.
Dated at Washington, DC, this 31st day of August, 2007.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
Dated: August 30, 2007.
Deborah Dakin,
Senior Deputy Chief Counsel, Regulations and Legislation Division,
Office of Thrift Supervision.
[FR Doc. 07-4420 Filed 9-10-07; 8:45 am]
BILLING CODE 4810-33-P; 6210-01-P; 6714-01-P; 6720-01-P