Proposed Agency Information Collection Activities; Comment Request-Thrift Financial Report: Schedules SC, SO, VA, PD, LD, CC, CF, DI, SI, FS, CCR, and VIE, 61563-61572 [2010-24883]
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Federal Register / Vol. 75, No. 192 / Tuesday, October 5, 2010 / Notices
Fillmore & Western Railroad Co.
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[Waiver Petition Docket Number FRA–2010–
0139]
The Fillmore & Western Railroad
Company (FWRY) seeks a waiver of
compliance from certain provisions of
the Railroad Freight Car Safety
Standards, 49 CFR 215.303, which
requires stenciling of restricted cars; as
well as 49 CFR 224.3, which requires
Reflectorization for freight cars. FWRY
owns sixteen rail cars that are older than
50 years from their date of original
construction, and are restricted by the
provision of 49 CFR 215.203(a). FWRY
is concurrently seeking special approval
to continue to use these cars under
proceeding according to 49 CFR
215.203(b).
To support its petition to seek relief
from the stenciling and reflectorization
requirements, FWRY states that the cars
subject to this waiver are only used for
tourist passengers, films, movies, props,
still photos and the like. Although
FWRY is considered a general system
railroad, these subject cars are not
interchanged in or with the general
system, and are not freight revenue cars.
FWRY asks for this waiver due to the
fact that the movie and television
companies, still photographers and the
like want the cars to be authentic in
their antiquated and historic look.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment, they
should notify FRA, in writing, before
the end of the comment period and
specify the basis for their request.
All communications concerning these
proceedings should identify the
appropriate docket number (e.g., Waiver
Petition Docket Number FRA–2010–
0139) and may be submitted by any of
the following methods:
• Web site: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., W12–140,
Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Avenue, SE., Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
Communications received within 45
days of the date of this notice will be
considered by FRA before final action is
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taken. Comments received after that
date will be considered as far as
practicable. All written communications
concerning these proceedings are
available for examination during regular
business hours (9 a.m.–5 p.m.) at the
above facility. All documents in the
public docket are also available for
inspection and copying on the Internet
at the docket facility’s Web site at https://
www.regulations.gov.
Anyone is able to search the
electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
document (or signing the document, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477) or at https://www.dot.gov/
privacy.html.
Issued in Washington, DC, on September
28, 2010.
Robert C. Lauby,
Deputy Associate Administrator.
[FR Doc. 2010–25002 Filed 10–4–10; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF THE TREASURY
Office of Thrift Supervision
Proposed Agency Information
Collection Activities; Comment
Request—Thrift Financial Report:
Schedules SC, SO, VA, PD, LD, CC, CF,
DI, SI, FS, CCR, and VIE
Office of Thrift Supervision
(OTS), Treasury.
ACTION: Notice and request for comment.
AGENCY:
The Department of the
Treasury, as part of its continuing effort
to reduce paperwork and respondent
burden, invites the general public and
other federal agencies to comment on
proposed and continuing information
collections, as required by the
Paperwork Reduction Act of 1995, 44
U.S.C. 3507. Today, the Office of Thrift
Supervision within the Department of
the Treasury solicits comments on
proposed changes to the Thrift Financial
Report (TFR), Schedule SC—
Consolidated Statement of Condition,
Schedule SO—Consolidated Statement
of Operations, Schedule VA—
Consolidated Valuation Allowances and
Related Data, Schedule PD—
Consolidated Past Due and Nonaccrual,
Schedule LD—Loan Data, Schedule
CC—Consolidated Commitments and
Contingencies, Schedule CF—
Consolidated Cash Flow Information,
SUMMARY:
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Schedule DI—Consolidated Deposit
Information, Schedule SI—Consolidated
Supplemental Information, Schedule
FS—Fiduciary and Related Services,
and Schedule CCR—Consolidated
Capital Requirement, and on a proposed
new Schedule VIE—Variable Interest
Entities. The changes are proposed to
become effective in March 2011.
At the end of the comment period,
OTS will analyze the comments and
recommendations received to determine
if it should modify the proposed
revisions prior to giving its final
approval. OTS will then submit the
revisions to the Office of Management
and Budget (OMB) for review and
approval.
DATES: Submit written comments on or
before December 6, 2010.
ADDRESSES: Send comments to
Information Collection Comments, Chief
Counsel’s Office, Office of Thrift
Supervision, 1700 G Street, NW.,
Washington, DC 20552; send facsimile
transmissions to FAX number (202)
906–6518; send e-mails to
infocollection.comments@ots.treas.gov;
or hand deliver comments to the
Guard’s Desk, east lobby entrance, 1700
G Street, NW., on business days
between 9 a.m. and 4 p.m. All
comments should refer to ‘‘TFR
Revisions—2011, OMB No. 1550–0023.’’
OTS will post comments and the related
index on the OTS Internet Site at
https://www.ots.treas.gov. In addition,
interested persons may inspect
comments at the Public Reading Room,
1700 G Street, NW., by appointment. To
make an appointment, call (202) 906–
5922, send an e-mail to
publicinfo@ots.treas.gov, or send a
facsimile transmission to (202) 906–
7755.
FOR FURTHER INFORMATION: You can
access sample copies of the proposed
2011 TFR forms on OTS’s Web site at
https://www.ots.treas.gov or you may
request them by electronic mail from
tfr.instructions@ots.treas.gov. You can
request additional information about
this proposed information collection
from James Caton, Acting Managing
Director, Economic Policy and Financial
Monitoring and Analysis Division, (202)
906–5680, Office of Thrift Supervision,
1700 G Street, NW., Washington, DC
20552.
SUPPLEMENTARY INFORMATION:
Title: Thrift Financial Report.
OMB Number: 1550–0023.
Form Number: OTS 1313.
Abstract:
OTS is proposing to revise and extend
for three years the TFR, which is
currently an approved collection of
information.
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All OTS-regulated savings
associations must comply with the
information collections described in this
notice. OTS collects this information
each calendar quarter or less frequently
if so stated. OTS uses this information
to monitor the condition, performance,
and risk profile of individual
institutions and systemic risk among
groups of institutions and the industry
as a whole. Except for selected items,
these information collections are not
given confidential treatment.
Current Actions:
I. Overview
OTS last revised the form and content
of the TFR in a manner that significantly
affected a substantial percentage of
institutions in March 2010. Since the
beginning of 2010 OTS has evaluated its
ongoing information needs. OTS
recognizes that the TFR imposes
reporting requirements, which are a
component of the regulatory burden
facing institutions. Another contributor
to this regulatory burden is the
examination process, particularly onsite examinations during which
institution staff spends time and effort
responding to inquiries and requests for
information designed to assist
examiners in evaluating the condition
and risk profile of the institution. The
amount of attention that examiners
direct to risk areas of the institution
under examination is, in large part,
determined from TFR data. These data,
and analytical reports, including the
Uniform Thrift Performance Report,
assist examiners in scoping and making
their preliminary assessments of risks
during the planning phase of the
examination.
A risk-focused review of the
information from an institution’s TFR
allows examiners to make preliminary
risk assessments prior to onsite work.
The degree of perceived risk determines
the extent of the examination
procedures that examiners initially plan
for each risk area. If the outcome of
these procedures reveals a different
level of risk in a particular area, the
examiner adjusts the examination scope
and procedures accordingly.
TFR data are also a vital source of
information for the monitoring and
regulatory activities of OTS. Among
their benefits, these activities aid in
determining whether the frequency of
an institution’s examination cycle
should remain at maximum allowed
time intervals, thereby lessening overall
regulatory burden. More risk-focused
TFR data enhance the ability of OTS to
assess whether an institution is
experiencing changes in its risk profile
that warrant immediate follow-up,
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which may include accelerating the
timing of an on-site examination.
In developing this proposal, OTS
considered a range of potential
information needs, particularly in the
areas of credit risk, liquidity, and
liabilities, and identified those
additions to the TFR that are most
critical and relevant to OTS in fulfilling
its supervisory responsibilities. OTS
recognizes that increased reporting
burden will result from the addition to
the TFR of the new items discussed in
this proposal. Nevertheless, when
viewing these proposed revisions to the
TFR within a larger context, they help
to enhance the on- and off-site
supervision capabilities of OTS, which
assist with controlling the overall
regulatory burden on institutions.
OTS also considered the potential
impacts from the enactment of the
Dodd-Frank Wall Street Reform and
Consumer Protection Act (‘‘the DoddFrank Act’’) that the President signed
into law on July 21. The Dodd-Frank
Act provides for the combination of the
OTS into the Office of the Comptroller
of the Currency 12 to 18 months after
the enactment date. Employees of the
OTS on the transfer date will transfer to
the OCC, the FDIC, or a new Consumer
Financial Protection Bureau. At this
point, no decision about a possible
conversion, if any, from the TFR to the
Call Report has been made.
Nevertheless, effort was made to avoid
increasing differences between the two
reports. For this reason, the majority of
the proposed changes mirror changes
proposed for the Call Report. However,
proposed are some changes that will
further and enhance off-site monitoring
and on-site examination efficiency.
Thus, OTS is requesting comment on
the following proposed revisions to the
TFR that would take effect as of March
31, 2011, unless otherwise noted. These
revisions would change the reporting
frequency for the number and market
value of collective investment funds and
common trust funds data reported in
Memorandum Item 3 of Schedule FS
from annually to quarterly, revise
several existing lines, add new lines to
the TFR, and add a new Schedule VIE,
Variable Interest Entities.
For each of the proposed revisions or
new items, OTS is particularly
interested in comments from
institutions on whether the information
proposed to be collected is readily
available from existing institution
records. OTS also invites comment on
whether there are particular proposed
revisions for which the new data would
be of limited relevance for purposes of
assessing risks in a specific segment of
the savings association industry. In such
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cases, OTS requests comments on what
criteria, e.g., an asset size threshold or
some other measure, we should
establish for identifying the specific
segment of the savings association
industry that we should require to
report the proposed information.
Finally, OTS seeks comment on
whether, for a particular proposed
revision, there is an alternative
information set that could satisfy OTS
data needs and be less burdensome for
institutions to report than the new or
revised items that OTS has proposed.
OTS will consider all of the comments
it receives as it formulates a final set of
revisions to the TFR for implementation
in 2011. The proposed revisions
include:
• A breakdown by loan category of
the existing troubled debt restructurings
for amounts added in the current
quarter and amounts included in
Schedule SC in compliance with
modified terms in Schedule VA, and for
troubled debt restructurings that are
past due 30 to 89 days, 90 days or more,
or in nonaccrual status in Schedule PD;
• Additional data for automobile
loans, including securities backed by
automobile loans in Schedule SC,
interest income from automobile loans
in Schedule SO, automobile loans
closed, purchased, or sold during the
quarter in Schedule CF, and the average
daily balance for automobile loans
during the quarter in Schedule SI;
• A breakdown in Schedule SC of the
existing items for mortgage-backed
securities between residential and
commercial securities issued or
guaranteed by U.S. Government
agencies and sponsored enterprises and
those that are not;
• New items for the amount and
average daily deposits of nonbrokered
deposits obtained through the use of
deposit listing service companies in
Schedule DI;
• A breakdown of the existing items
for deposits of individuals,
partnerships, and corporations between
deposits of individuals and deposits of
partnerships and corporations in
Schedule DI;
• A new Schedule VIE, Variable
Interest Entities, for reporting the
categories of assets of consolidated
variable interest entities (VIEs) that can
be used only to settle the VIEs’
obligations, the categories of liabilities
of consolidated VIEs without recourse to
the savings association’s general credit,
and the total assets and total liabilities
of other consolidated VIEs included in
the savings association’s total assets and
total liabilities, with these data reported
separately for securitization trusts,
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asset-backed commercial paper
conduits, and other VIEs;
• Breakdowns of loans and
repossessed assets covered by FDIC losssharing agreements by loan and
repossessed asset category in Schedule
SI, new line in Schedule SI for income
received from or accrued on assets
covered by the FDIC under loss-sharing
agreements, and a breakdown in
Schedule PD of loans past due 30 to 89
days, 90 days or more, or in nonaccrual
status covered by FDIC loss-sharing
agreements;
• A breakdown of the existing items
for key person life insurance in
Schedule SC into items for general
account and separate account life
insurance assets;
• New items for the total assets of
captive insurance and reinsurance
subsidiaries in Schedule SI;
• A change in reporting frequency
from annual to quarterly for the data
reported in Schedule FS on collective
investment funds and common trust
funds for those savings associations that
currently report fiduciary assets and
income annually, i.e., banks with
fiduciary assets greater than $250
million or gross fiduciary income
greater than 10 percent of bank revenue;
• A new item in Schedule SO for
service charges on deposit accounts;
• A new item in Schedule CCR for
qualifying noncontrolling (minority)
interests in consolidated subsidiaries;
• Two new items in Schedule SC for
trust preferred securities;
• A more detailed breakdown by loan
type in Schedule VA of general,
specific, and total valuation allowances;
• A breakdown by loan type in
Schedule VA of classified assets;
• A new line in Schedule DI for time
deposits of $100,000 or more with a
remaining maturity of one year or less;
• A new line in Schedule DI for
deposits in foreign offices, Edge and
Agreement subsidiaries, and IBFs;
• A breakdown in Schedule SI of the
amortized cost of held-to-maturity
securities and the fair value of availablefor-sale securities;
• Two new lines in Schedule SI for
farmland loans secured by real estate,
and loans to finance agricultural
production and other loans to farmers;
• Two new lines in Schedule SI for
Federal Home Loan Bank advances with
a remaining maturity of one year or less,
and other borrowings with a remaining
maturity of one year or less; and
• A new line in Schedule SI for the
amount of liabilities from a savings
association’s trading activities.
The specific wording of the captions
for the new or revised TFR data items
discussed in this proposal and the
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numbering of these data items should be
regarded as preliminary.
II. Discussion of Revisions Proposed for
March 2011
A. Troubled Debt Restructurings
OTS is proposing that savings
associations report additional detail on
loans that have undergone troubled debt
restructurings in TFR Schedules VA and
PD. More specifically, new items are
proposed for Schedule VA under two
columns for the amount of troubled debt
restructured during the current quarter
(odd-numbered lines) and the amount of
troubled debt restructured that is
included in Schedule SC in compliance
with the modified terms (evennumbered lines):
VA211, VA212 Construction Loans
(Total of VA213–VA218):
VA213, VA214 1–4 Dwelling Units;
VA215, VA216 Multifamily (5 or
more) Dwelling Units;
VA217, VA218 Nonresidential
Property.
Permanent Loans, Secured by:
VA221, VA222 1–4 Dwelling Units;
VA223, VA224 Multifamily (5 or
more) Dwelling Units;
VA 225, VA226 Nonresidential
Property (Except Land);
VA227, VA228 Owner-Occupied
Nonresidential Property;
VA231, VA232 Other Nonresidential
Property;
VA233, VA234 Land;
VA241, VA242 Nonmortgage Loans—
Total;
V243, VA244 Commercial Loans—
Total;
VA245, VA246 Secured;
VA247, VA248 Unsecured;
VA251, VA252 Credit Card Loans
Outstanding—Business;
VA253, VA254 Consumer Loans—
Total.
New items are proposed in Schedule
PD to add detail to troubled debt
restructuring amounts past due and still
accruing, 30–89 days (500-series lines),
past due and still accruing, 90 days or
more (600-series lines), and nonaccrual
(700-series lines):
Construction Loans:
PD516, PD616, PD716 1–4 Dwelling
Units;
PD517, PD617, PD717 Multifamily (5
or more) Dwelling Units;
PD518, PD618, PD718 Nonresidential
Property.
Permanent Loans, Secured by:
PD519, PD619, PD719 1–4 Dwelling
Units;
PD525, PD625, PD725 Multifamily (5
or more) Dwelling Units;
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PD535, PD635, PD735 Nonresidential
Property (Except Land);
PD536, PD636, PD736 OwnerOccupied Nonresidential Property;
PD537, PD637, PD737 Other
Nonresidential Property;
PD538, PD638, PD738 Land;
PD539, PD639, PD739 Nonmortgage
Loans—Total;
PD540, PD640, PD740 Commercial
Loans—Total;
PD541, PD641, PD741 Secured;
PD542, PD642, PD742 Unsecured;
PD545, PD645, PD745 Credit Card
Loans Outstanding—Business;
PD560, PD660, PD760 Consumer
Loans—Total.
In the aggregate, troubled debt
restructurings for all insured
institutions have grown from $6.9
billion at year-end 2007, to $24.0 billion
at year-end 2008, to $58.1 billion at
year-end 2009, with a further increase to
$64.0 billion as of March 31, 2010. The
proposed additional detail on troubled
debt restructurings in Schedules VA and
PD would enable OTS to better
understand the level of restructuring
activity at savings associations, the
categories of loans involved in this
activity, and, therefore, whether savings
associations are working with their
borrowers to modify and restructure
loans. In particular, to encourage banks
and savings associations to work
constructively with their commercial
borrowers, the federal banking agencies
recently issued guidance on commercial
real estate loan workouts and small
business lending. While this guidance
has explained the agencies’ expectations
for prudent workouts, the agencies do
not have adequate and reliable data
outside of the examination process to
assess restructuring activity for
commercial real estate loans and
commercial and industrial loans.
Further, it is important to separately
identify commercial real estate loan
restructurings from commercial and
industrial loan restructurings given that
the value of the real estate collateral is
a consideration in an institution’s
decision to modify the terms of a
commercial real estate loan in a
troubled debt restructuring, but such
collateral protection would normally be
absent from commercial and industrial
loans for which a loan modification is
being explored because of borrowers’
financial difficulties.
It is also anticipated that other loan
categories will experience continued
workout activity in the coming months
given that every asset class has been
impacted by the recent recession (as
evidenced by the increase in past due
and nonaccrual assets across all asset
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classes). In addition, because credit
availability has substantially decreased,
borrowers experiencing financial
difficulties are left with few alternatives
for funding and their creditor
institutions will need to evaluate
whether to work with them by granting
a concession when modifying the terms
of their existing loans.
The new data would provide the OTS
with the level of information necessary
to assess savings associations’ troubled
debt restructurings to the same extent
that other loan quality and performance
indicators can be assessed. However, the
OTS notes that, under generally
accepted accounting principles,
troubled debt restructurings do not
include changes in lease agreements 1
and we therefore propose to exclude
leases from the new items proposed.
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B. Auto Loans
OTS is proposing to collect additional
information on automobile loans. More
specifically, the following new lines are
proposed:
SC183 Securities Backed by Auto
Loans;
SO173 Auto Loans—Interest Income;
CF401 Auto Loans Closed or
Purchased During Quarter;
CF402 Auto Loans Sold During
Quarter;
SI886 Auto Loans—Average Daily
Balance During Quarter.
Automobile loans are a significant
consumer business for many large
savings associations. The proposed
additional lines will enhance
supervisory evaluation and oversight of
automobile lending performance and
risks.
C. Commercial Mortgage-Backed
Securities Issued or Guaranteed by U.S.
Government Agencies and Sponsored
Agencies
OTS is proposing to split the existing
items on mortgage-backed securities
(MBS) in Schedule SC to distinguish
between residential and commercial
MBS issued or guaranteed by U.S.
Government agencies and sponsored
agencies (collectively, U.S. Government
agencies) and residential and
commercial MBS issued by others. OTS
proposes to revise the following existing
lines to report data for residential MBS:
Residential Pass-Through:
SC210 Insured or Guaranteed by an
Agency or Sponsored Enterprise of
the U.S.;
SC215 Other Pass-Through.
Other Residential Mortgage-Backed
Securities (Excluding Bonds):
1 Accounting Standards Codification paragraph
470–60–15–11.
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SC217 Issued or Guaranteed by
FNMA, FHLMC, or GNMA;
SC219 Collateralized by MortgageBacked Securities Issued or
Guaranteed by FNMA, FHLMC, or
GNMA;
SC222 Other.
OTS proposes the following new lines
to report data for commercial MBS:
Commercial Pass-Through:
SC211 Insured or Guaranteed by an
Agency or Sponsored Enterprise of
the U.S.;
SC213 Other Pass-Through.
Other Commercial Mortgage-Backed
Securities (Excluding Bonds):
SC223 Issued or Guaranteed by
FNMA, FHLMC, or GNMA;
SC224 Collateralized by MortgageBacked Securities Issued or
Guaranteed by FNMA, FHLMC, or
GNMA;
SC225 Other.
D. Nonbrokered Deposits Obtained
Through the Use of Deposit Listing
Service Companies
Savings associations currently report
information on their funding in the form
of brokered deposits in Schedule DI.
These data are an integral component of
the regulatory analysis of individual
institutions’ liquidity and funding,
including their reliance on non-core
sources to fund their activities.
Deposit brokers have traditionally
provided intermediary services for
financial institutions and investors.
However, the Internet, deposit listing
services, and other automated services
now enable investors who focus on
yield to easily identify high-yielding
deposit sources. Such customers are
highly rate sensitive and can be a less
stable source of funding than typical
relationship deposit customers. Because
they often have no other relationship
with the financial institution, these
customers may rapidly transfer funds to
other institutions if more attractive
returns become available.
OTS expects each institution to
establish and adhere to a sound
liquidity and funds management policy.
The institution’s board of directors, or a
committee of the board, should also
ensure that senior management takes the
necessary steps to monitor and control
liquidity risk. This process includes
establishing procedures, guidelines,
internal controls, and limits for
managing and monitoring liquidity and
reviewing the institution’s liquidity
position, including its deposit structure,
on a regular basis. A necessary
prerequisite to sound liquidity and
funds management decisions is a sound
management information system, which
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provides certain basic information
including data on non-relationship
funding programs, such as brokered
deposits, deposits obtained through the
Internet or other types of advertising,
and other similar rate sensitive deposits.
Thus, an institution’s management
should be aware of the number and
magnitude of such deposits.
To improve its ability to monitor
potentially volatile funding sources,
OTS is proposing two lines to Schedule
DI in which savings associations would
report the amount of deposits and
average daily deposits obtained through
the use of deposit listing services that
are not brokered deposits:
DI117 Total Amount of Deposits
Obtained Through Deposit Listing
Services That Are Not Brokered
Deposits;
DI547 Average Daily Deposits Totals:
Deposits Obtained Through Deposit
Listing Services That Are Not
Brokered Deposits.
A deposit listing service is a company
that compiles information about the
interest rates offered on deposits, such
as certificates of deposit, by insured
depository institutions. A particular
company could be a deposit listing
service (compiling information about
certificates of deposits) as well as a
deposit broker (facilitating the
placement of certificates of deposit). A
deposit listing service is not a deposit
broker if all of the following four criteria
are met:
(1) The person or entity providing the
listing service is compensated solely by
means of subscription fees (i.e., the fees
paid by subscribers as payment for their
opportunity to see the rates gathered by
the listing service) and/or listing fees
(i.e., the fees paid by depository
institutions as payment for their
opportunity to list or ‘‘post’’ their rates).
The listing service does not require a
depository institution to pay for other
services offered by the listing service or
its affiliates as a condition precedent to
being listed.
(2) The fees paid by depository
institutions are flat fees: They are not
calculated on the basis of the number or
dollar amount of deposits accepted by
the depository institution as a result of
the listing or ‘‘posting’’ of the depository
institution’s rates.
(3) In exchange for these fees, the
listing service performs no services
except (A) the gathering and
transmission of information concerning
the availability of deposits; and/or (B)
the transmission of messages between
depositors and depository institutions
(including purchase orders and trade
confirmations). In publishing or
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displaying information about depository
institutions, the listing service must not
attempt to steer funds toward particular
institutions (except that the listing
service may rank institutions according
to interest rates and also may exclude
institutions that do not pay the listing
fee). Similarly, in any communications
with depositors or potential depositors,
the listing service must not attempt to
steer funds toward particular
institutions.
(4) The listing service is not involved
in placing deposits. Any funds to be
invested in deposit accounts are
remitted directly by the depositor to the
insured depository institution and not,
directly or indirectly, by or through the
listing service.
E. Deposits of Individuals, Partnerships,
and Corporations
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Savings associations currently do not
report separate breakdowns of their
deposit accounts in the TFR by category
of depositor. The recent crisis has
demonstrated that business depositors’
behavioral characteristics are
significantly different than the
behavioral characteristics of
individuals. Thus, separate reporting of
deposits of individuals versus deposits
of partnerships and corporations would
enable the federal banking agencies to
better assess the liquidity risk profile of
institutions given differences in the
relative stability of deposits from these
two sources.
OTS is proposing that the following
two lines be added to Schedule DI:
DI196 Deposits of Individuals;
DI197 Deposits of Partnerships and
Corporations.
Under this proposal, accounts for
which the depositor’s taxpayer
identification number, as maintained on
the account in the savings association’s
records, is a Social Security Number (or
an Individual Taxpayer Identification
Number 2) should be treated as deposits
of individuals. In general, all other
accounts should be treated as deposits
of partnerships and corporations.
However, line SC710 currently includes
all certified and official checks. To limit
the reporting burden of this proposed
change, official checks in the form of
money orders and travelers checks
would be reported as deposits of
individuals. Certified checks and all
other official checks would be reported
2 An Individual Taxpayer Identification Number
is a tax processing number only available for certain
nonresident and resident aliens, their spouses, and
dependents who cannot get a Social Security
Number. It is a 9-digit number, beginning with the
number ‘‘9,’’ formatted like a Social Security
Number.
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as deposits of partnerships and
corporations. OTS is requesting
comment on this approach to reporting
certified and official checks.
F. Variable Interest Entities
In June 2009, the Financial
Accounting Standards Board (FASB)
issued accounting standards that have
changed the way entities account for
securitizations and special purpose
entities. ASU No. 2009–16 (formerly
FAS 166) revised ASC Topic 860,
Transfers and Servicing, by eliminating
the concept of a ‘‘qualifying specialpurpose entity’’ (QSPE) and changing
the requirements for derecognizing
financial assets. ASU No. 2009–17
(formerly FAS 167) revised ASC Topic
810, Consolidations, by changing how a
financial institution or other company
determines when an entity that is
insufficiently capitalized or is not
controlled through voting or similar
rights, i.e., a ‘‘variable interest entity’’
(VIE), should be consolidated. For most
financial institutions, ASU Nos. 2009–
16 and 2009–17 took effect January 1,
2010.
Under ASC Topic 810, as amended,
determining whether a financial
institution is required to consolidate a
VIE depends on a qualitative analysis of
whether that institution has a
‘‘controlling financial interest’’ in the
VIE and is therefore the primary
beneficiary of the VIE. The analysis
focuses on the institution’s power over
and interest in the VIE. With the
removal of the QSPE concept from
generally accepted accounting
principles that was brought about in
amended ASC Topic 860, an institution
that transferred financial assets to an
SPE that met the definition of a QSPE
before the effective date of these
amended accounting standards was
required to evaluate whether, pursuant
to amended ASC Topic 810, it must
begin to consolidate the assets,
liabilities, and equity of the SPE as of
that effective date. Thus, when
implementing amended ASC Topics 860
and 810 at the beginning of 2010,
financial institutions began to
consolidate certain previously offbalance securitization vehicles, assetbacked commercial paper conduits, and
other structures. Going forward,
financial institutions with variable
interests in new VIEs must evaluate
whether they have a controlling
financial interest in these entities and,
if so, consolidate them. In addition,
institutions must continually reassess
whether they are the primary
beneficiary of VIEs in which they have
variable interests.
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61567
For those VIEs that savings
associations must consolidate, guidance
advises institutions to report the assets
and liabilities of these VIEs on Schedule
SC in the balance sheet category
appropriate to the asset or liability.
However, ASC paragraph 810–10–45–
25 3 requires a reporting entity to
present ‘‘separately on the face of the
statement of financial position: a. Assets
of a consolidated variable interest entity
(VIE) that can be used only to settle
obligations of the consolidated VIE
[and] b. Liabilities of a consolidated VIE
for which creditors (or beneficial
interest holders) do not have recourse to
the general credit of the primary
beneficiary.’’ This requirement has been
interpreted to mean that ‘‘each line item
of the consolidated balance sheet should
differentiate which portion of those
amounts meet the separate presentation
conditions.’’ 4 In requiring separate
presentation for these assets and
liabilities, the FASB agreed with
commenters on its proposed accounting
standard on consolidation that ‘‘separate
presentation * * * would provide
transparent and useful information
about an enterprise’s involvement and
associated risks in a variable interest
entity.’’ 5 The federal banking agencies
concur that separate presentation would
provide similar benefits to them and
other Call Report and TFR users.
Consistent with the presentation
requirements discussed above, the
banking agencies are proposing to add a
new Schedule RC–V, Variable Interest
Entities, to the Call Report, and OTS is
proposing to add a new Schedule VIE,
Variable Interest Entities, to the TFR.
Financial institutions would use the
proposed new schedules to report a
breakdown of the assets of consolidated
VIEs that can be used only to settle
obligations of the consolidated VIEs and
liabilities of consolidated VIEs for
which creditors do not have recourse to
the general credit of the financial
institution. The following proposed
categories of assets and liabilities would
include some of the same categories
presented on the Call Report and TFR
balance sheet schedules: Cash and
balances due from depository
institutions, Held-to-maturity securities;
Available-for-sale securities; Securities
purchased under agreements to resell,
Loans and leases held for sale; Loans
3 Formerly paragraph 22A of FIN 46(R), as
amended by FAS 167.
4 Deloitte & Touche LLP, ‘‘Back on-balance sheet:
Observations from the adoption of FAS 167,’’ May
2010, page 4 (https://www.deloitte.com/view/en_US/
us/Services/audit-enterprise-risk-services/
Financial-Accounting-Reporting/f3a70ca
28d9f8210VgnVCM200000bb42f00aRCRD.htm).
5 See paragraphs A80 and A81 of FAS 167.
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and leases, net of unearned income;
Allowance for loan and lease losses;
Trading assets (other than derivatives);
Derivative trading assets; Other real
estate owned; Other assets; Securities
sold under agreements to repurchase;
Derivative trading liabilities; Other
borrowed money (other than
commercial paper); Commercial paper;
and Other liabilities. These assets and
liabilities would be presented separately
for securitization trusts, asset-backed
commercial paper conduits, and other
VIEs.
In addition, the federal banking
agencies propose to include separate
items in the new schedules in which
financial institutions would report the
total assets and the total liabilities of
consolidated VIEs (for which the
breakdown of assets and liabilities
described above is not reported) to help
the agencies understand the magnitude
of any VIE assets that are not dedicated
solely to settling obligations of the VIE
and any VIE liabilities for which
creditors may have recourse to the
general credit of the bank. These
consolidated VIEs’ total assets and total
liabilities, which would be reported
after eliminating intercompany
transactions, would also be reported
separately for securitization trusts,
asset-backed commercial paper
conduits, and other VIEs.
mstockstill on DSKH9S0YB1PROD with NOTICES
G. Assets Covered by FDIC Loss-Sharing
Agreements
In March 2010, the federal banking
agencies added a four-way breakdown
of assets covered by loss-sharing
agreements with the FDIC to the Call
Report and the TFR. In a January 22,
2010, comment letter to the banking
agencies on the agencies’ submission for
OMB review of proposed Call Report
revisions for implementation in 2010,
the American Bankers Association
(ABA) stated that while the addition of
the covered asset items to Schedule
RC–M was
a step in the right direction, ABA believes it
would be beneficial to regulators, reporting
banks, investors, and the public to have
additional, more granular information about
the various categories of assets subject to the
FDIC loss-sharing agreements. While we
recognize that this would result in additional
reporting burden on banks, on balance our
members feel strongly that the benefit of
additional disclosure of loss-sharing data
would outweigh the burden of providing
these detailed data. Thus, we urge the
Agencies and the FFIEC to further revise the
collection of data from banks on assets
covered by FDIC loss-sharing agreements on
the Call Report to include the several changes
suggested below. * * * We believe these
changes would provide a more precise and
accurate picture of a bank’s asset quality.
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OTS is proposing to revise the TFR
along the lines suggested by the ABA by
adding the following new lines:
Breakdown of line SI770, Loans and
Leases:
SI771 Construction Loans—Total
SI773 Residential—Total
SI717 1–4 Dwelling Units
SI718 Multifamily (5 or More)
Dwelling Units
SI775 Nonresidential Property
SI777 Permanent Loans—Total
SI778 Residential—Total
SI779 1–4 Dwelling Units—Total
SI780 Revolving Open-End Loans
SI781 All Other—First Liens
SI782 All Other—Junior Liens
SI783 Multifamily (5 or More)
Dwelling Units
SI784 Nonresidential Property—Total
SI785 Owner-Occupied Nonfarm
Nonresidential Property
SI786 Other Nonfarm Nonresidential
Property
SI787 Land
SI788 Commercial Loans—Total
SI789 Secured
SI790 Unsecured
SI791 Credit Card Loans
Outstanding—Business
SI792 Lease Receivables
SI793 Consumer Loans—Total
SI794 Loans on Deposits
SI795 Home Improvement Loans
(Not Secured by Real Estate)
SI796 Education Loans
SI797 Auto Loans
SI798 Mobile Home Loans
SI799 Credit Cards
SI800 Other, Including Lease
Receivables
SI801 Repossessed Assets—Total
SI802 Real Estate—Total
SI803 Construction
SI804 Residential—Total
SI805 1–4 Dwelling Units
SI806 Multifamily (5 or More)
Dwelling Units
SI807 Nonresidential (Except Land)
SI808 Land
SI809 Other Repossessed Assets
SI810 Guaranteed amount of total
amount of covered real estate owned
SI811 Total Income Included on
Schedule SO Received From or
Accrued on Assets Covered by the
FDIC Under Loss-Sharing Agreements
Breakdown of Covered Past Due and
Nonaccrual Loans and Leases (3
amounts for each line—30–89 days past
due and still accruing, 90 days or more
past due and still accruing, and
nonaccrual):
PD515, PD615, PD715 Construction
Loans—Total
PD SUBxxx, PD SUBxxx, PD SUBxxx
Residential—Total
PD516, PD616, PD716 1–4 Dwelling
Units
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PD517, PD617, PD717 Multifamily
(5 or More) Dwelling Units
PD518, PD618, PD718 Nonresidential
Property
PD SUBxxx, PD SUBxxx, PD SUBxxx
Permanent Loans—Total
PD SUBxxx, PD SUBxxx, PD SUBxxx
Residential—Total
PD SUBxxx, PD SUBxxx, PD SUBxxx
1–4 Dwelling Units—Total
PD521, PD621, PD721 Revolving
Open-End Loans
PD523, PD623, PD723 All Other—First
Liens
PD524, PD624, PD724 All Other—
Junior Liens
PD525, PD625, PD725 Multifamily
(5 or More) Dwelling Units
PD535, PD635, PD735 Nonresidential
Property—Total
PD536, PD636, PD736 OwnerOccupied Nonresidential Property
PD537, PD637, PD737 Other
Nonresidential Property
PD538, PD638, PD738 Land
PD540, PD640, PD740 Commercial
Loans—Total
PD541, PD641, PD741 Secured
PD542, PD642, PD742 Unsecured
PD540, PD643, PD743 Credit Card
Loans Outstanding—Business
PD545, PD645, PD745 Lease
Receivables
PD SUBxxx, PD SUBxxx, PD SUBxxx
Consumer Loans—Total
PD561, PD661, PD761 Loans on
Deposits
PD563, PD663, PD763 Home
Improvement Loans (Not Secured by
Real Estate)
PD565, PD665, PD765 Education
Loans
PD567, PD667, PD767 Auto Loans
PD569, PD669, PD769 Mobile Home
Loans
PD571, PD671, PD771 Credit Cards
PD580, PD680, PD780 Other,
Including Lease Receivables
PD596, PD696, PD796 Guaranteed
Amount of Total Amount of Covered
Past Due and Nonaccrual Loans and
Leases
H. Life Insurance Assets
Financial institutions purchase and
hold bank-owned life insurance (BOLI)
policies as assets, the premiums for
which may be used to acquire general
account or separate account life
insurance policies. Savings associations
currently report the aggregate amount of
their life insurance assets in Schedule
SC without regard to whether their
holdings are general account or separate
account policies.
Many financial institutions have BOLI
assets, and the distinction between
those life insurance policies that
represent general account products and
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including its TFR. The cash flows for a
captive reinsurer’s transactions also are
not transparent in an institution’s
consolidated financial statements.
A number of financial institutions
own captive insurers or reinsurers,
several of which were authorized to
operate more than ten years ago. Some
of the most common lines of business
underwritten by financial institution
captive insurers are credit life, accident,
and health; disability insurance; and
employee benefits coverage.
Additionally, financial institution
captive reinsurance subsidiaries may
underwrite private mortgage guaranty
reinsurance and terrorism risk
reinsurance.
As part of their supervisory processes,
the federal banking agencies have been
following the proliferation of financial
institution captive insurers and
reinsurers and the performance trends
of these captives for the past several
years. Collection of financial
information regarding the total assets of
captive insurance and reinsurance
subsidiaries would assist the agencies in
monitoring the insurance activities of
banking organizations as well as any
safety and soundness risks posed to the
parent institution from the activities of
these subsidiaries.
OTS is proposing to collect two new
items in Schedule SI:
SI762 Total assets of captive insurance
subsidiaries;
SI763 Total assets of captive
reinsurance subsidiaries.
These new items are not expected to
be applicable to the vast majority of
savings associations. When reporting
the total assets of these captive
subsidiaries in the proposed new items,
savings associations should measure the
subsidiaries’ total assets before
eliminating intercompany transactions
between the consolidated subsidiary
and other offices or subsidiaries of the
consolidated institution.
I. Captive Insurance and Reinsurance
Subsidiaries
mstockstill on DSKH9S0YB1PROD with NOTICES
those that represent separate account
products has meaning with respect to
the degree of credit risk involved as well
as performance measures for the life
insurance assets in a volatile market
environment. In a general account
policy, the general assets of the
insurance company issuing the policy
support the policy’s cash surrender
value. In a separate account policy, the
policyholder’s cash surrender value is
supported by assets segregated from the
general assets of the insurance carrier.
Under such an arrangement, the
policyholder neither owns the
underlying separate account created by
the insurance carrier on its behalf nor
controls investment decisions in the
account. Nevertheless, the policyholder
assumes all investment and price risk.
A number of financial institutions
holding separate account life insurance
policies have recorded significant losses
in recent years due to the volatility in
the markets and the vulnerability to
market fluctuations of the instruments
that are investment options in separate
account life insurance policies.
Information distinguishing between the
cash surrender values of general account
and separate account life insurance
policies would allow the OTS to track
savings associations’ holdings of both
types of life insurance policies with
their differing risk characteristics and
changes in their carrying amounts
resulting from their performance over
time. Accordingly, the OTS is proposing
to add the following new items:
Key Person Life Insurance:
SC617 General Account Life Insurance
Assets;
SC619 Separate Account Life
Insurance Assets.
Other BOLI Not Considered Key
Person Life Insurance:
SC627 General Account Life Insurance
Assets;
SC629 Separate Account Life
Insurance Assets.
J. Quarterly Reporting for Collective
Investment Funds
Captive insurance companies are
utilized by banking organizations to
‘‘self insure’’ or reinsure their own risks
pursuant to incidental activities
authority. A captive insurance company
is a limited purpose insurer that may be
licensed as a direct writer of insurance
or as a reinsurer. Insurance premiums
paid by an institution to its captive
insurer, and claims paid back to the
institution by the captive, are transacted
on an intercompany basis, so there is no
evidence of this type of self-insurance
activity when an institution prepares
consolidated financial statements,
For financial institutions that provide
fiduciary and related services, the
volume of assets under management is
an important metric for understanding
risk at these institutions and in the
banking system. A savings association’s
assets under management may include
such pooled investment vehicles as
collective investment funds and
common trust funds (hereafter,
collectively, CIFs) that it offers to
investors. When considering how and
where to place funds in pooled
investment vehicles, which also include
registered investment funds (mutual
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61569
funds), investors’ decisions are highly
influenced by risk and return factors.
While registered investment funds
regularly disclose an array of fundrelated data to the U.S. Securities and
Exchange Commission and the investing
public, the OTS’s collection and public
disclosure of summary data on CIFs is
limited to annual data reported in lines
FS610 through FS675 of TFR Schedule
FS, Fiduciary and Related Services, as
of each December 31.
Like other investment vehicles, CIFs
were affected by market disruptions
during the recent financial crisis. To
detect changes in investor behavior and
bank investment management strategies
at an early stage in this $2.5 trillion line
of business, the banking agencies
believe it would be beneficial to change
the reporting frequency for the Schedule
FS data on collective investment funds
and common trust funds from annually
to quarterly for those institutions that
currently report their fiduciary assets
and fiduciary income quarterly.
Quarterly filing of these Schedule FS
data is required of institutions with total
fiduciary assets greater than $250
million (as of the preceding December
31) or with gross fiduciary and related
income greater than 10 percent of
revenue for the preceding calendar year.
K. Service Charges on Deposit Accounts
Savings associations currently do not
report separate detail on service charges
on deposit accounts. There has been
growing interest in the amount of
deposit account service fees charged by
financial institutions. Banks currently
report this data as a separate component
of noninterest income in Call Report
Schedule RI. In reporting this item,
banks include amounts charged
depositors (in domestic offices):
(1) For the maintenance of their
deposit accounts with the bank, socalled ‘‘maintenance charges,’’
(2) For their failure to maintain
specified minimum deposit balances,
(3) Based on the number of checks
drawn on and deposits made in their
deposit accounts,
(4) For checks drawn on so-called ‘‘no
minimum balance’’ deposit accounts,
(5) For withdrawals from
nontransaction deposit accounts,
(6) For the closing of savings accounts
before a specified minimum period of
time has elapsed,
(7) For accounts which have remained
inactive for extended periods of time or
which have become dormant,
(8) For deposits to or withdrawals
from deposit accounts through the use
of automated teller machines or remote
service units,
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(9) For the processing of checks
drawn against insufficient funds, socalled ‘‘NSF check charges,’’ that the
bank assesses regardless of whether it
decides to pay, return, or hold the
check. Exclude subsequent charges
levied against overdrawn accounts
based on the length of time the account
has been overdrawn, the magnitude of
the overdrawn balance, or which are
otherwise equivalent to interest (report
in the appropriate subitem of Schedule
RI, item 1.a, ‘‘Interest and fee income on
loans (in domestic offices)’’),
(10) For issuing stop payment orders,
(11) For certifying checks, and
(12) For the accumulation or
disbursement of funds deposited to
Individual Retirement Accounts (IRAs)
or Keogh Plan accounts when not
handled by the bank’s trust department.
Report such commissions and fees
received for accounts handled by the
bank’s trust department in Schedule RI,
item 5.a, ‘‘Income from fiduciary
activities.’’ Exclude penalties paid by
depositors for the early withdrawal of
time deposits (report as ‘‘Other
noninterest income’’ in Schedule RI,
item 5.l, or deduct from the interest
expense of the related category of time
deposits, as appropriate).
OTS is proposing to add the following
line to Schedule SO as a detail item of
other fees and charges within the
noninterest income section:
SO422 Service Charges on Deposit
Accounts
L. Qualifying Noncontrolling (Minority)
Interests in Consolidated Subsidiaries
Only qualifying noncontrolling
(minority) interests in consolidated
subsidiaries are allowable in Tier 1
capital. Those that are non-qualifying
are not. The existing Schedule CCR
computes Tier 1 Capital using Total
Equity Capital (Line SC 84), which
includes all noncontrolling (minority)
interests from Line SC 800. This can be
interpreted as permitting all
noncontrolling (minority) interests (Line
SC 800), whether qualifying or not, to be
included in the calculation of Tier 1
Capital. Therefore to clarify the
treatment of noncontrolling (minority)
interests, OTS is proposing to use Total
Savings Association Equity Capital
(Line SC 80), which is net of
noncontrolling (minority) interests, as
the starting point for computation of
Tier 1 capital for Schedule CCR. Noncontrolling (minority) interests are then
added to Tier 1, per the new line
CCR187 described below, only to the
extent they are qualifying
noncontrolling (minority) interests. This
approach is consistent with the
approach used on the Call Report. Thus,
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OTS is proposing to revise one line and
add a new line on Schedule CCR to
address the treatment of noncontrolling
(minority) interests in Tier 1 Capital:
Revise line CCR100 Total Equity
Capital (SC84) to CCR100 Total
Savings Association Equity Capital
(SC80)
Add new line CCR187 Qualifying
Noncontrolling (Minority) Interests in
Consolidated Subsidiaries.
M. Trust Preferred Securities
As financial institution investments,
trust preferred securities are hybrid
instruments possessing characteristics
typically associated with debt
obligations. Although each issue of
these securities may involve minor
differences in terms, under the basic
structure of trust preferred securities a
corporate issuer, such as a financial
institution holding company, first
organizes a business trust or other
special purpose entity. This trust issues
two classes of securities: common
securities, all of which are purchased
and held by the corporate issuer, and
trust preferred securities, which are sold
to investors. The business trust’s only
assets are deeply subordinated
debentures of the corporate issuer,
which the trust purchases with the
proceeds from the sale of its common
and preferred securities. The corporate
issuer makes periodic interest payments
on the subordinated debentures to the
business trust, which uses these
payments to pay periodic dividends on
the trust preferred securities to the
investors. The subordinated debentures
have a stated maturity and may also be
redeemed under other circumstances.
Most trust preferred securities are
subject to mandatory redemption upon
the repayment of the debentures.
Trust preferred securities meet the
definition of a security in FASB
Statement No. 115, ‘‘Accounting for
Certain Investments in Debt and Equity
Securities.’’ Because of the mandatory
redemption provision in the typical
trust preferred security, investments in
trust preferred securities would
normally be considered debt securities
for financial accounting purposes.
Accordingly, regardless of the authority
under which a financial institution is
permitted to invest in trust preferred
securities, savings associations should
report these investments as debt
securities for purposes of these reports
(unless, based on the specific facts and
circumstances of a particular issue of
trust preferred securities, the securities
would be considered equity rather than
debt securities under Statement No. 115.
To better gauge the level of investment
in trust preferred securities by savings
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associations, the OTS is proposing to
add the following two lines as detail to
other investment securities reported in
Schedule SC:
SC187 Trust Preferred Securities
Issues By FDIC–Insured Depository
Institutions or Their Holding
Companies;
SC188 Other Trust Preferred
Securities.
N. General, Specific, and Total
Valuation Allowances by Major Loan
Type
OTS is proposing that savings
associations report additional detail on
loans for general and specific valuation
allowances. The proposed additional
detail on valuation allowances in
Schedules VA would enable OTS to
better understand reserves activity
within loan categories at savings
associations.
More specifically, new items are
proposed for Schedule VA under three
columns for the amount of general
valuation allowances at the end of the
current quarter (1100 series of lines), the
amount of specific valuation allowances
at the end of the current quarter (1200
series of lines), and the total of
valuation allowances at the end of the
current quarter (1300 series of lines):
VA1115, VA1215, VA1315
Construction Loans—Total
VA SUBxxx, VA SUBxxx,VA SUBxxx
Residential—Total
VA1120, VA1220, VA1320 1–4
Dwelling Units
VA1122, VA1222, VA1322
Multifamily (5 or More) Dwelling
Units
VA1130, VA1230, VA1330
Nonresidential Property
VA SUBxxx, VA SUBxxx,VA SUBxxx
Permanent Loans—Total
VA SUBxxx, VA SUBxxx,VA SUBxxx
Residential—Total
VA SUBxxx, VA SUBxxx,VA SUBxxx
1–4 Dwelling Units—Total
VA1140, VA1240, VA1340 Revolving
Open-End Loans
VA1145, VA1245, VA1345 All Other—
First Liens
VA1147, VA1247, VA1347 All Other—
Junior Liens
VA1150, VA1250, VA1350
Multifamily (5 or More) Dwelling
Units
VA1160, VA1260, VA1360
Nonresidential Property—Total
VA1162, VA1262, VA1362 OwnerOccupied Nonresidential Property
VA1163, VA1263, VA1363 Other
Nonresidential Property
VA1165, VA1265, VA1365 Land
VA1170, VA1270, VA1370
Commercial Loans—Total
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VA1172, VA1272, VA1372 Secured
VA1173, VA1273, VA1373 Unsecured
VA1174, VA1274, VA1374 Credit Card
Loans Outstanding—Business
VA1176, VA1276, VA1376 Lease
Receivables
VA SUBxxx, VA SUBxxx,VA SUBxxx
Consumer Loans—Total
VA1182, VA1282, VA1382 Loans on
Deposits
VA1183, VA1283, VA1383 Home
Improvement Loans (Not Secured by
Real Estate)
VA1184, VA1284, VA1384 Education
Loans
VA1185, VA1285, VA1385 Auto Loans
VA1186, VA1286, VA1386 Mobile
Home Loans
VA1187, VA1287, VA1387 Credit
Cards
VA1188, VA1288, VA1388 Other,
Including Lease Receivables
O. Classified Assets by Major Loan Type
OTS is proposing that savings
associations report additional detail on
classified assets by major loan type. The
proposed additional detail on classified
assets in Schedules VA would enable
OTS to better understand asset quality
within loan categories at savings
associations.
More specifically, new items are
proposed for Schedule VA under four
columns for the amount of special
mention assets at the end of the current
quarter (1400 series of lines), the
amount of substandard assets at the end
of the current quarter (1500 series of
lines), the amount of doubtful assets at
the end of the current quarter (1600
series of lines), and the amount of loss
assets at the end of the current quarter
(1700 series of lines):
VA1415, VA1515, VA1615, VA1715
Construction Loans—Total
VA SUBxxx, VA SUBxxx, VA SUBxxx,
VA SUBxxx Residential—Total
VA1420, VA1520, VA1620, VA1720 1–
4 Dwelling Units
VA1422, VA1522, VA1622, VA1722
Multifamily (5 or More) Dwelling
Units
VA1430, VA1530, VA1630, VA1730
Nonresidential Property
VA SUBxxx, VA SUBxxx, VA SUBxxx,
VA SUBxxx Permanent Loans—
Total
VA SUBxxx, VA SUBxxx, VA SUBxxx,
VA SUBxxx Residential—Total
VA SUBxxx, VA SUBxxx, VA SUBxxx,
VA SUBxxx 1–4 Dwelling Units—
Total
VA1440, VA1540, VA1640, VA1740
Revolving Open-End Loans
VA1445, VA1545, VA1645, VA1745
All Other—First Liens
VA1447, VA1547, VA1647, VA1747
All Other—Junior Liens
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VA1450, VA1550, VA1650, VA1750
Multifamily (5 or More) Dwelling
Units
VA1460, VA1560, VA1660, VA1760
Nonresidential Property—Total
VA1462, VA1562, VA1662, VA1762
Owner-Occupied Nonresidential
Property
VA1463, VA1563, VA1663, VA1763
Other Nonresidential Property
VA1465, VA1565, VA1665, VA1765
Land
VA1470, VA1570, VA1670, VA1770
Commercial Loans—Total
VA1472, VA152, VA1672, VA1772
Secured
VA1473, VA1573, VA1673, VA1773
Unsecured
VA1475, VA1575, VA1675, VA1775
Credit Card Loans Outstanding—
Business
VA1476, VA1576, VA1676, VA1776
Lease Receivables
VASUBxxx, VASUBxxx, VASUBxxx,
VASUBxxx Consumer Loans—Total
VA1482, VA1582, VA1682, VA1782
Loans on Deposits
VA1483, VA1583, VA1683, VA1783
Home Improvement Loans (Not
Secured by Real Estate)
VA1484, VA1584, VA1684, VA1784
Education Loans
VA1485, VA1585, VA1685, VA1785
Auto Loans
VA1486, VA1586, VA1686, VA1786
Mobile Home Loans
VA1487, VA1587, VA1687, VA1787
Credit Cards
VA1488, VA1588, VA1688, VA1788
Other, Including Lease Receivables
Request for Comments: OTS may not
conduct or sponsor an information
collection, and respondents are not
required to respond to an information
collection, unless the information
collection displays a currently valid
OMB control number.
In this notice, OTS is soliciting
comments concerning the following
information collection.
Statutory Requirement: 12 U.S.C.
1464(v) imposes reporting requirements
for savings associations.
Type of Review: Revision of currently
approved collections.
Frequency of Response: Quarterly;
Annually.
Affected Public: Business or other forprofit.
Estimated Number of Respondents:
753 savings associations.
Estimated Burden Hours per
Respondent: 60.0 hours average for
quarterly schedules and 2.0 hours
average for schedules required only
annually plus recordkeeping of an
average of one hour per quarter.
Estimated Total Annual Burden:
188,712 burden hours.
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61571
OTS is proposing to revise the TFR,
which is currently an approved
collection of information, in March
2011. The effect on reporting burden of
the proposed revisions to the TFR
requirements will vary from institution
to institution depending on the
institution’s asset size and its
involvement with the types of activities
or transactions to which the proposed
changes apply.
The proposed TFR changes that
would take effect as of March 31, 2011
would change the reporting frequency
for the number and market value of
collective investment funds and
common trust funds data reported in
Memorandum Item 3 of Schedule FS,
revise several existing lines, add new
lines to the TFR, and add a new
Schedule VIE, Variable Interest Entities.
OTS estimates that the
implementation of these reporting
revisions will result in an increase in
the current reporting burden imposed
by the TFR on all savings associations.
As part of the approval process, we
invite comments addressing one or more
of the following points:
a. Whether the proposed revisions to
the TFR collections of information are
necessary for the proper performance of
the agency’s functions, including
whether the information has practical
utility;
b. The accuracy of the agency’s
estimate of the burden of the collection
of information;
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, the Internet, 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.
OTS will summarize the comments
received and include them in the
request for OMB approval. All
comments will become a matter of
public record.
Clearance Officer: Ira L. Mills, (202)
906–6531, Office of Thrift Supervision,
1700 G Street, NW., Washington, DC
20552.
OMB Reviewer: Desk Officer for OTS,
FAX: (202) 395–6974, U.S. Office of
Management and Budget, 725—17th
Street, NW., Room 10235, Washington,
DC 20503.
E:\FR\FM\05OCN1.SGM
05OCN1
61572
Federal Register / Vol. 75, No. 192 / Tuesday, October 5, 2010 / Notices
Dated: September 29, 2010.
Ira L. Mills,
Paperwork Clearance Officer, Office of Chief
Counsel, Office of Thrift Supervision.
DEPARTMENT OF THE TREASURY
Office of Thrift Supervision
[Docket ID OTS–2010–0030]
[FR Doc. 2010–24883 Filed 10–4–10; 8:45 am]
Open Meeting of the OTS Mutual
Savings Association Advisory
Committee
BILLING CODE 6720–01–P
DEPARTMENT OF THE TREASURY
Department of the Treasury,
Office of Thrift Supervision.
ACTION: Notice of meeting.
AGENCY:
United States Mint
Change to ‘‘Procedures To Qualify for
Bulk Purchase of Silver Bullion Coins’’
United States Mint, Department
of the Treasury.
AGENCY:
ACTION:
Notice.
The United States Mint has
revised the requirements to become an
Authorized Purchaser of American
Eagle Silver Bullion Coins.
The revised qualification
requirements are documented in the
revised ‘‘Procedures to Qualify for Bulk
Purchase of Silver Bullion Coins.’’ This
document can be accessed at https://
www.usmint.gov/consumer/
index.cfm?action=AmericanEagles.
These changes apply to new
applications effective immediately.
Significant modifications include the
addition of the America the Beautiful
Silver Bullion CoinTM; Program to the
Background section, clarifications to the
‘‘Purpose’’ section and ‘‘Marketing
Support’’ section, and adjustments to the
‘‘Experienced Market-Maker in Silver
Bullion Coins’’ section and ‘‘Tangible
Net Worth’’ section. Changes to the
accounting certification requirements
and agreement terms and conditions are
also incorporated.
A new section has been added
entitled ‘‘Right to Temporarily Refrain
from the Review of New Applications’’
during periods in which the allocation
of a bullion product is required. Other
minor changes have been made that
provide further clarifications to various
production descriptions and/or the
silver bullion coin program in
accordance with 31 U.S.C. 5112(e)&(f).
SUMMARY:
B. B.
Craig, Associate Director for Sales and
Marketing; United States Mint; 801 9th
Street, NW.; Washington, DC 20220; or
call 202–354–7500.
mstockstill on DSKH9S0YB1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Authority: 31 U.S.C. 5112(e)&(f).
Dated: September 30, 2010.
Andrew D. Brunhart,
Deputy Director, United States Mint.
[FR Doc. 2010–24915 Filed 10–4–10; 8:45 am]
BILLING CODE 4810–02–P
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The OTS Mutual Savings
Associations Advisory Committee
(MSAAC) will convene a meeting on
Wednesday, October 20, 2010,
beginning at 9:30 a.m. Eastern Time.
The meeting will be open to the public.
Members of the public interested in
attending the meeting and members of
the public who require auxiliary aid
should e-mail OTS at
mutualcommittee@ots.treas.gov or call
(202) 906–6429 to obtain information on
how to attend the meeting.
DATES: The meeting will be held on
Wednesday, October 20, 2010, at 9:30
a.m. Eastern Time.
ADDRESSES: The meeting will be held in
Berkley B, Third Floor, Sheraton Boston
Hotel, 39 Dalton Street, Boston, MA
02199. The public is invited to submit
written statements to the MSAAC by
any one of the following methods:
• E-mail address:
mutualcommittee@ots.treas.gov; or
• Mail: to Charlotte Bahin, Designated
Federal Official, Office of Thrift
Supervision, 1700 G Street, NW.,
Washington, DC 20552 in triplicate.
The agency must receive statements
no later than October 13, 2010.
FOR FURTHER INFORMATION CONTACT:
Charlotte M. Bahin, Designated Federal
Official, (202) 906–6452, Office of Thrift
Supervision, 1700 G Street, NW.,
Washington, DC 20552.
SUPPLEMENTARY INFORMATION: By this
notice, the Office of Thrift Supervision
is announcing that the OTS Mutual
Savings Association Advisory
Committee will convene a meeting on
Wednesday, October 20, 2010,
beginning at 9:30 a.m. Eastern Time.
The meeting will be open to the public.
Anyone wishing to attend the meeting,
and members of the public who require
auxiliary aid, must contact the Office of
Thrift Supervision at 202–906–6429 or
mutualcommittee@ots.treas.gov by 5
p.m. Eastern Time on Wednesday,
October 13, 2010, to inform OTS of his
or her desire to attend the meeting and
to obtain information on how to attend
the meeting. The purpose of the meeting
is to advise OTS on what regulatory
changes or other steps OTS may be able
to take to ensure the continued health
and viability of mutual savings
associations, and other issues of concern
to the existing mutual savings
associations.
Dated: September 29, 2010.
By the Office of Thrift Supervision.
Deborah Dakin,
Acting Chief Counsel.
[FR Doc. 2010–24846 Filed 10–4–10; 8:45 am]
BILLING CODE P
SUMMARY:
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DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Additional Identifying Information
Associated With Persons Whose
Property and Interests in Property Are
Blocked Pursuant to the Executive
Order of September 28, 2010,
‘‘Blocking Property of Certain Persons
With Respect to Serious Human Rights
Abuses by the Government of Iran and
Taking Certain Other Actions’’
Office of Foreign Assets
Control, Treasury.
ACTION: Notice.
AGENCY:
The Treasury Department’s
Office of Foreign Assets Control
(‘‘OFAC’’) is publishing additional
identifying information associated with
the eight individuals listed in the Annex
to the Executive Order of September 28,
2010, ‘‘Blocking Property of Certain
Persons With Respect to Serious Human
Rights Abuses by the Government of
Iran and Taking Certain Other Actions,’’
whose property and interests in
property are therefore blocked.
FOR FURTHER INFORMATION CONTACT:
Assistant Director, Compliance
Outreach & Implementation, Office of
Foreign Assets Control, Department of
the Treasury, 1500 Pennsylvania
Avenue NW., (Treasury Annex),
Washington, DC 20220, Tel.: 202–622–
2490.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Electronic and Facsimile Availability
This document and additional
information concerning OFAC are
available from OFAC’s Web site
(www.treas.gov/ofac) or via facsimile
through a 24-hour fax-on-demand
service, Tel.: 202–622–0077.
Background
On September 28, 2010, the President
issued the Executive Order ‘‘Blocking
Property of Certain Persons With
Respect to Serious Human Rights
Abuses by the Government of Iran and
Taking Certain Other Actions’’ (the
‘‘Order’’) pursuant to, inter alia, the
E:\FR\FM\05OCN1.SGM
05OCN1
Agencies
[Federal Register Volume 75, Number 192 (Tuesday, October 5, 2010)]
[Notices]
[Pages 61563-61572]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24883]
=======================================================================
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DEPARTMENT OF THE TREASURY
Office of Thrift Supervision
Proposed Agency Information Collection Activities; Comment
Request--Thrift Financial Report: Schedules SC, SO, VA, PD, LD, CC, CF,
DI, SI, FS, CCR, and VIE
AGENCY: Office of Thrift Supervision (OTS), Treasury.
ACTION: Notice and request for comment.
-----------------------------------------------------------------------
SUMMARY: The Department of the Treasury, as part of its continuing
effort to reduce paperwork and respondent burden, invites the general
public and other federal agencies to comment on proposed and continuing
information collections, as required by the Paperwork Reduction Act of
1995, 44 U.S.C. 3507. Today, the Office of Thrift Supervision within
the Department of the Treasury solicits comments on proposed changes to
the Thrift Financial Report (TFR), Schedule SC--Consolidated Statement
of Condition, Schedule SO--Consolidated Statement of Operations,
Schedule VA--Consolidated Valuation Allowances and Related Data,
Schedule PD--Consolidated Past Due and Nonaccrual, Schedule LD--Loan
Data, Schedule CC--Consolidated Commitments and Contingencies, Schedule
CF--Consolidated Cash Flow Information, Schedule DI--Consolidated
Deposit Information, Schedule SI--Consolidated Supplemental
Information, Schedule FS--Fiduciary and Related Services, and Schedule
CCR--Consolidated Capital Requirement, and on a proposed new Schedule
VIE--Variable Interest Entities. The changes are proposed to become
effective in March 2011.
At the end of the comment period, OTS will analyze the comments and
recommendations received to determine if it should modify the proposed
revisions prior to giving its final approval. OTS will then submit the
revisions to the Office of Management and Budget (OMB) for review and
approval.
DATES: Submit written comments on or before December 6, 2010.
ADDRESSES: Send comments to Information Collection Comments, Chief
Counsel's Office, Office of Thrift Supervision, 1700 G Street, NW.,
Washington, DC 20552; send facsimile transmissions to FAX number (202)
906-6518; send e-mails to infocollection.comments@ots.treas.gov; or
hand deliver comments to the Guard's Desk, east lobby entrance, 1700 G
Street, NW., on business days between 9 a.m. and 4 p.m. All comments
should refer to ``TFR Revisions--2011, OMB No. 1550-0023.'' OTS will
post comments and the related index on the OTS Internet Site at https://www.ots.treas.gov. In addition, interested persons may inspect comments
at the Public Reading Room, 1700 G Street, NW., by appointment. To make
an appointment, call (202) 906-5922, send an e-mail to
publicinfo@ots.treas.gov, or send a facsimile transmission to (202)
906-7755.
FOR FURTHER INFORMATION: You can access sample copies of the proposed
2011 TFR forms on OTS's Web site at https://www.ots.treas.gov or you may
request them by electronic mail from tfr.instructions@ots.treas.gov.
You can request additional information about this proposed information
collection from James Caton, Acting Managing Director, Economic Policy
and Financial Monitoring and Analysis Division, (202) 906-5680, Office
of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552.
SUPPLEMENTARY INFORMATION:
Title: Thrift Financial Report.
OMB Number: 1550-0023.
Form Number: OTS 1313.
Abstract:
OTS is proposing to revise and extend for three years the TFR,
which is currently an approved collection of information.
[[Page 61564]]
All OTS-regulated savings associations must comply with the
information collections described in this notice. OTS collects this
information each calendar quarter or less frequently if so stated. OTS
uses this information to monitor the condition, performance, and risk
profile of individual institutions and systemic risk among groups of
institutions and the industry as a whole. Except for selected items,
these information collections are not given confidential treatment.
Current Actions:
I. Overview
OTS last revised the form and content of the TFR in a manner that
significantly affected a substantial percentage of institutions in
March 2010. Since the beginning of 2010 OTS has evaluated its ongoing
information needs. OTS recognizes that the TFR imposes reporting
requirements, which are a component of the regulatory burden facing
institutions. Another contributor to this regulatory burden is the
examination process, particularly on-site examinations during which
institution staff spends time and effort responding to inquiries and
requests for information designed to assist examiners in evaluating the
condition and risk profile of the institution. The amount of attention
that examiners direct to risk areas of the institution under
examination is, in large part, determined from TFR data. These data,
and analytical reports, including the Uniform Thrift Performance
Report, assist examiners in scoping and making their preliminary
assessments of risks during the planning phase of the examination.
A risk-focused review of the information from an institution's TFR
allows examiners to make preliminary risk assessments prior to onsite
work. The degree of perceived risk determines the extent of the
examination procedures that examiners initially plan for each risk
area. If the outcome of these procedures reveals a different level of
risk in a particular area, the examiner adjusts the examination scope
and procedures accordingly.
TFR data are also a vital source of information for the monitoring
and regulatory activities of OTS. Among their benefits, these
activities aid in determining whether the frequency of an institution's
examination cycle should remain at maximum allowed time intervals,
thereby lessening overall regulatory burden. More risk-focused TFR data
enhance the ability of OTS to assess whether an institution is
experiencing changes in its risk profile that warrant immediate follow-
up, which may include accelerating the timing of an on-site
examination.
In developing this proposal, OTS considered a range of potential
information needs, particularly in the areas of credit risk, liquidity,
and liabilities, and identified those additions to the TFR that are
most critical and relevant to OTS in fulfilling its supervisory
responsibilities. OTS recognizes that increased reporting burden will
result from the addition to the TFR of the new items discussed in this
proposal. Nevertheless, when viewing these proposed revisions to the
TFR within a larger context, they help to enhance the on- and off-site
supervision capabilities of OTS, which assist with controlling the
overall regulatory burden on institutions.
OTS also considered the potential impacts from the enactment of the
Dodd-Frank Wall Street Reform and Consumer Protection Act (``the Dodd-
Frank Act'') that the President signed into law on July 21. The Dodd-
Frank Act provides for the combination of the OTS into the Office of
the Comptroller of the Currency 12 to 18 months after the enactment
date. Employees of the OTS on the transfer date will transfer to the
OCC, the FDIC, or a new Consumer Financial Protection Bureau. At this
point, no decision about a possible conversion, if any, from the TFR to
the Call Report has been made. Nevertheless, effort was made to avoid
increasing differences between the two reports. For this reason, the
majority of the proposed changes mirror changes proposed for the Call
Report. However, proposed are some changes that will further and
enhance off-site monitoring and on-site examination efficiency.
Thus, OTS is requesting comment on the following proposed revisions
to the TFR that would take effect as of March 31, 2011, unless
otherwise noted. These revisions would change the reporting frequency
for the number and market value of collective investment funds and
common trust funds data reported in Memorandum Item 3 of Schedule FS
from annually to quarterly, revise several existing lines, add new
lines to the TFR, and add a new Schedule VIE, Variable Interest
Entities.
For each of the proposed revisions or new items, OTS is
particularly interested in comments from institutions on whether the
information proposed to be collected is readily available from existing
institution records. OTS also invites comment on whether there are
particular proposed revisions for which the new data would be of
limited relevance for purposes of assessing risks in a specific segment
of the savings association industry. In such cases, OTS requests
comments on what criteria, e.g., an asset size threshold or some other
measure, we should establish for identifying the specific segment of
the savings association industry that we should require to report the
proposed information. Finally, OTS seeks comment on whether, for a
particular proposed revision, there is an alternative information set
that could satisfy OTS data needs and be less burdensome for
institutions to report than the new or revised items that OTS has
proposed. OTS will consider all of the comments it receives as it
formulates a final set of revisions to the TFR for implementation in
2011. The proposed revisions include:
A breakdown by loan category of the existing troubled debt
restructurings for amounts added in the current quarter and amounts
included in Schedule SC in compliance with modified terms in Schedule
VA, and for troubled debt restructurings that are past due 30 to 89
days, 90 days or more, or in nonaccrual status in Schedule PD;
Additional data for automobile loans, including securities
backed by automobile loans in Schedule SC, interest income from
automobile loans in Schedule SO, automobile loans closed, purchased, or
sold during the quarter in Schedule CF, and the average daily balance
for automobile loans during the quarter in Schedule SI;
A breakdown in Schedule SC of the existing items for
mortgage-backed securities between residential and commercial
securities issued or guaranteed by U.S. Government agencies and
sponsored enterprises and those that are not;
New items for the amount and average daily deposits of
nonbrokered deposits obtained through the use of deposit listing
service companies in Schedule DI;
A breakdown of the existing items for deposits of
individuals, partnerships, and corporations between deposits of
individuals and deposits of partnerships and corporations in Schedule
DI;
A new Schedule VIE, Variable Interest Entities, for
reporting the categories of assets of consolidated variable interest
entities (VIEs) that can be used only to settle the VIEs' obligations,
the categories of liabilities of consolidated VIEs without recourse to
the savings association's general credit, and the total assets and
total liabilities of other consolidated VIEs included in the savings
association's total assets and total liabilities, with these data
reported separately for securitization trusts,
[[Page 61565]]
asset-backed commercial paper conduits, and other VIEs;
Breakdowns of loans and repossessed assets covered by FDIC
loss-sharing agreements by loan and repossessed asset category in
Schedule SI, new line in Schedule SI for income received from or
accrued on assets covered by the FDIC under loss-sharing agreements,
and a breakdown in Schedule PD of loans past due 30 to 89 days, 90 days
or more, or in nonaccrual status covered by FDIC loss-sharing
agreements;
A breakdown of the existing items for key person life
insurance in Schedule SC into items for general account and separate
account life insurance assets;
New items for the total assets of captive insurance and
reinsurance subsidiaries in Schedule SI;
A change in reporting frequency from annual to quarterly
for the data reported in Schedule FS on collective investment funds and
common trust funds for those savings associations that currently report
fiduciary assets and income annually, i.e., banks with fiduciary assets
greater than $250 million or gross fiduciary income greater than 10
percent of bank revenue;
A new item in Schedule SO for service charges on deposit
accounts;
A new item in Schedule CCR for qualifying noncontrolling
(minority) interests in consolidated subsidiaries;
Two new items in Schedule SC for trust preferred
securities;
A more detailed breakdown by loan type in Schedule VA of
general, specific, and total valuation allowances;
A breakdown by loan type in Schedule VA of classified
assets;
A new line in Schedule DI for time deposits of $100,000 or
more with a remaining maturity of one year or less;
A new line in Schedule DI for deposits in foreign offices,
Edge and Agreement subsidiaries, and IBFs;
A breakdown in Schedule SI of the amortized cost of held-
to-maturity securities and the fair value of available-for-sale
securities;
Two new lines in Schedule SI for farmland loans secured by
real estate, and loans to finance agricultural production and other
loans to farmers;
Two new lines in Schedule SI for Federal Home Loan Bank
advances with a remaining maturity of one year or less, and other
borrowings with a remaining maturity of one year or less; and
A new line in Schedule SI for the amount of liabilities
from a savings association's trading activities.
The specific wording of the captions for the new or revised TFR
data items discussed in this proposal and the numbering of these data
items should be regarded as preliminary.
II. Discussion of Revisions Proposed for March 2011
A. Troubled Debt Restructurings
OTS is proposing that savings associations report additional detail
on loans that have undergone troubled debt restructurings in TFR
Schedules VA and PD. More specifically, new items are proposed for
Schedule VA under two columns for the amount of troubled debt
restructured during the current quarter (odd-numbered lines) and the
amount of troubled debt restructured that is included in Schedule SC in
compliance with the modified terms (even-numbered lines):
VA211, VA212 Construction Loans (Total of VA213-VA218):
VA213, VA214 1-4 Dwelling Units;
VA215, VA216 Multifamily (5 or more) Dwelling Units;
VA217, VA218 Nonresidential Property.
Permanent Loans, Secured by:
VA221, VA222 1-4 Dwelling Units;
VA223, VA224 Multifamily (5 or more) Dwelling Units;
VA 225, VA226 Nonresidential Property (Except Land);
VA227, VA228 Owner-Occupied Nonresidential Property;
VA231, VA232 Other Nonresidential Property;
VA233, VA234 Land;
VA241, VA242 Nonmortgage Loans--Total;
V243, VA244 Commercial Loans--Total;
VA245, VA246 Secured;
VA247, VA248 Unsecured;
VA251, VA252 Credit Card Loans Outstanding--Business;
VA253, VA254 Consumer Loans--Total.
New items are proposed in Schedule PD to add detail to troubled
debt restructuring amounts past due and still accruing, 30-89 days
(500-series lines), past due and still accruing, 90 days or more (600-
series lines), and nonaccrual (700-series lines):
Construction Loans:
PD516, PD616, PD716 1-4 Dwelling Units;
PD517, PD617, PD717 Multifamily (5 or more) Dwelling Units;
PD518, PD618, PD718 Nonresidential Property.
Permanent Loans, Secured by:
PD519, PD619, PD719 1-4 Dwelling Units;
PD525, PD625, PD725 Multifamily (5 or more) Dwelling Units;
PD535, PD635, PD735 Nonresidential Property (Except Land);
PD536, PD636, PD736 Owner-Occupied Nonresidential Property;
PD537, PD637, PD737 Other Nonresidential Property;
PD538, PD638, PD738 Land;
PD539, PD639, PD739 Nonmortgage Loans--Total;
PD540, PD640, PD740 Commercial Loans--Total;
PD541, PD641, PD741 Secured;
PD542, PD642, PD742 Unsecured;
PD545, PD645, PD745 Credit Card Loans Outstanding--Business;
PD560, PD660, PD760 Consumer Loans--Total.
In the aggregate, troubled debt restructurings for all insured
institutions have grown from $6.9 billion at year-end 2007, to $24.0
billion at year-end 2008, to $58.1 billion at year-end 2009, with a
further increase to $64.0 billion as of March 31, 2010. The proposed
additional detail on troubled debt restructurings in Schedules VA and
PD would enable OTS to better understand the level of restructuring
activity at savings associations, the categories of loans involved in
this activity, and, therefore, whether savings associations are working
with their borrowers to modify and restructure loans. In particular, to
encourage banks and savings associations to work constructively with
their commercial borrowers, the federal banking agencies recently
issued guidance on commercial real estate loan workouts and small
business lending. While this guidance has explained the agencies'
expectations for prudent workouts, the agencies do not have adequate
and reliable data outside of the examination process to assess
restructuring activity for commercial real estate loans and commercial
and industrial loans. Further, it is important to separately identify
commercial real estate loan restructurings from commercial and
industrial loan restructurings given that the value of the real estate
collateral is a consideration in an institution's decision to modify
the terms of a commercial real estate loan in a troubled debt
restructuring, but such collateral protection would normally be absent
from commercial and industrial loans for which a loan modification is
being explored because of borrowers' financial difficulties.
It is also anticipated that other loan categories will experience
continued workout activity in the coming months given that every asset
class has been impacted by the recent recession (as evidenced by the
increase in past due and nonaccrual assets across all asset
[[Page 61566]]
classes). In addition, because credit availability has substantially
decreased, borrowers experiencing financial difficulties are left with
few alternatives for funding and their creditor institutions will need
to evaluate whether to work with them by granting a concession when
modifying the terms of their existing loans.
The new data would provide the OTS with the level of information
necessary to assess savings associations' troubled debt restructurings
to the same extent that other loan quality and performance indicators
can be assessed. However, the OTS notes that, under generally accepted
accounting principles, troubled debt restructurings do not include
changes in lease agreements \1\ and we therefore propose to exclude
leases from the new items proposed.
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\1\ Accounting Standards Codification paragraph 470-60-15-11.
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B. Auto Loans
OTS is proposing to collect additional information on automobile
loans. More specifically, the following new lines are proposed:
SC183 Securities Backed by Auto Loans;
SO173 Auto Loans--Interest Income;
CF401 Auto Loans Closed or Purchased During Quarter;
CF402 Auto Loans Sold During Quarter;
SI886 Auto Loans--Average Daily Balance During Quarter.
Automobile loans are a significant consumer business for many large
savings associations. The proposed additional lines will enhance
supervisory evaluation and oversight of automobile lending performance
and risks.
C. Commercial Mortgage-Backed Securities Issued or Guaranteed by U.S.
Government Agencies and Sponsored Agencies
OTS is proposing to split the existing items on mortgage-backed
securities (MBS) in Schedule SC to distinguish between residential and
commercial MBS issued or guaranteed by U.S. Government agencies and
sponsored agencies (collectively, U.S. Government agencies) and
residential and commercial MBS issued by others. OTS proposes to revise
the following existing lines to report data for residential MBS:
Residential Pass-Through:
SC210 Insured or Guaranteed by an Agency or Sponsored Enterprise of the
U.S.;
SC215 Other Pass-Through.
Other Residential Mortgage-Backed Securities (Excluding Bonds):
SC217 Issued or Guaranteed by FNMA, FHLMC, or GNMA;
SC219 Collateralized by Mortgage-Backed Securities Issued or Guaranteed
by FNMA, FHLMC, or GNMA;
SC222 Other.
OTS proposes the following new lines to report data for commercial
MBS:
Commercial Pass-Through:
SC211 Insured or Guaranteed by an Agency or Sponsored Enterprise of the
U.S.;
SC213 Other Pass-Through.
Other Commercial Mortgage-Backed Securities (Excluding Bonds):
SC223 Issued or Guaranteed by FNMA, FHLMC, or GNMA;
SC224 Collateralized by Mortgage-Backed Securities Issued or Guaranteed
by FNMA, FHLMC, or GNMA;
SC225 Other.
D. Nonbrokered Deposits Obtained Through the Use of Deposit Listing
Service Companies
Savings associations currently report information on their funding
in the form of brokered deposits in Schedule DI. These data are an
integral component of the regulatory analysis of individual
institutions' liquidity and funding, including their reliance on non-
core sources to fund their activities.
Deposit brokers have traditionally provided intermediary services
for financial institutions and investors. However, the Internet,
deposit listing services, and other automated services now enable
investors who focus on yield to easily identify high-yielding deposit
sources. Such customers are highly rate sensitive and can be a less
stable source of funding than typical relationship deposit customers.
Because they often have no other relationship with the financial
institution, these customers may rapidly transfer funds to other
institutions if more attractive returns become available.
OTS expects each institution to establish and adhere to a sound
liquidity and funds management policy. The institution's board of
directors, or a committee of the board, should also ensure that senior
management takes the necessary steps to monitor and control liquidity
risk. This process includes establishing procedures, guidelines,
internal controls, and limits for managing and monitoring liquidity and
reviewing the institution's liquidity position, including its deposit
structure, on a regular basis. A necessary prerequisite to sound
liquidity and funds management decisions is a sound management
information system, which provides certain basic information including
data on non-relationship funding programs, such as brokered deposits,
deposits obtained through the Internet or other types of advertising,
and other similar rate sensitive deposits. Thus, an institution's
management should be aware of the number and magnitude of such
deposits.
To improve its ability to monitor potentially volatile funding
sources, OTS is proposing two lines to Schedule DI in which savings
associations would report the amount of deposits and average daily
deposits obtained through the use of deposit listing services that are
not brokered deposits:
DI117 Total Amount of Deposits Obtained Through Deposit Listing
Services That Are Not Brokered Deposits;
DI547 Average Daily Deposits Totals: Deposits Obtained Through Deposit
Listing Services That Are Not Brokered Deposits.
A deposit listing service is a company that compiles information
about the interest rates offered on deposits, such as certificates of
deposit, by insured depository institutions. A particular company could
be a deposit listing service (compiling information about certificates
of deposits) as well as a deposit broker (facilitating the placement of
certificates of deposit). A deposit listing service is not a deposit
broker if all of the following four criteria are met:
(1) The person or entity providing the listing service is
compensated solely by means of subscription fees (i.e., the fees paid
by subscribers as payment for their opportunity to see the rates
gathered by the listing service) and/or listing fees (i.e., the fees
paid by depository institutions as payment for their opportunity to
list or ``post'' their rates). The listing service does not require a
depository institution to pay for other services offered by the listing
service or its affiliates as a condition precedent to being listed.
(2) The fees paid by depository institutions are flat fees: They
are not calculated on the basis of the number or dollar amount of
deposits accepted by the depository institution as a result of the
listing or ``posting'' of the depository institution's rates.
(3) In exchange for these fees, the listing service performs no
services except (A) the gathering and transmission of information
concerning the availability of deposits; and/or (B) the transmission of
messages between depositors and depository institutions (including
purchase orders and trade confirmations). In publishing or
[[Page 61567]]
displaying information about depository institutions, the listing
service must not attempt to steer funds toward particular institutions
(except that the listing service may rank institutions according to
interest rates and also may exclude institutions that do not pay the
listing fee). Similarly, in any communications with depositors or
potential depositors, the listing service must not attempt to steer
funds toward particular institutions.
(4) The listing service is not involved in placing deposits. Any
funds to be invested in deposit accounts are remitted directly by the
depositor to the insured depository institution and not, directly or
indirectly, by or through the listing service.
E. Deposits of Individuals, Partnerships, and Corporations
Savings associations currently do not report separate breakdowns of
their deposit accounts in the TFR by category of depositor. The recent
crisis has demonstrated that business depositors' behavioral
characteristics are significantly different than the behavioral
characteristics of individuals. Thus, separate reporting of deposits of
individuals versus deposits of partnerships and corporations would
enable the federal banking agencies to better assess the liquidity risk
profile of institutions given differences in the relative stability of
deposits from these two sources.
OTS is proposing that the following two lines be added to Schedule
DI:
DI196 Deposits of Individuals;
DI197 Deposits of Partnerships and Corporations.
Under this proposal, accounts for which the depositor's taxpayer
identification number, as maintained on the account in the savings
association's records, is a Social Security Number (or an Individual
Taxpayer Identification Number \2\) should be treated as deposits of
individuals. In general, all other accounts should be treated as
deposits of partnerships and corporations. However, line SC710
currently includes all certified and official checks. To limit the
reporting burden of this proposed change, official checks in the form
of money orders and travelers checks would be reported as deposits of
individuals. Certified checks and all other official checks would be
reported as deposits of partnerships and corporations. OTS is
requesting comment on this approach to reporting certified and official
checks.
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\2\ An Individual Taxpayer Identification Number is a tax
processing number only available for certain nonresident and
resident aliens, their spouses, and dependents who cannot get a
Social Security Number. It is a 9-digit number, beginning with the
number ``9,'' formatted like a Social Security Number.
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F. Variable Interest Entities
In June 2009, the Financial Accounting Standards Board (FASB)
issued accounting standards that have changed the way entities account
for securitizations and special purpose entities. ASU No. 2009-16
(formerly FAS 166) revised ASC Topic 860, Transfers and Servicing, by
eliminating the concept of a ``qualifying special-purpose entity''
(QSPE) and changing the requirements for derecognizing financial
assets. ASU No. 2009-17 (formerly FAS 167) revised ASC Topic 810,
Consolidations, by changing how a financial institution or other
company determines when an entity that is insufficiently capitalized or
is not controlled through voting or similar rights, i.e., a ``variable
interest entity'' (VIE), should be consolidated. For most financial
institutions, ASU Nos. 2009-16 and 2009-17 took effect January 1, 2010.
Under ASC Topic 810, as amended, determining whether a financial
institution is required to consolidate a VIE depends on a qualitative
analysis of whether that institution has a ``controlling financial
interest'' in the VIE and is therefore the primary beneficiary of the
VIE. The analysis focuses on the institution's power over and interest
in the VIE. With the removal of the QSPE concept from generally
accepted accounting principles that was brought about in amended ASC
Topic 860, an institution that transferred financial assets to an SPE
that met the definition of a QSPE before the effective date of these
amended accounting standards was required to evaluate whether, pursuant
to amended ASC Topic 810, it must begin to consolidate the assets,
liabilities, and equity of the SPE as of that effective date. Thus,
when implementing amended ASC Topics 860 and 810 at the beginning of
2010, financial institutions began to consolidate certain previously
off-balance securitization vehicles, asset-backed commercial paper
conduits, and other structures. Going forward, financial institutions
with variable interests in new VIEs must evaluate whether they have a
controlling financial interest in these entities and, if so,
consolidate them. In addition, institutions must continually reassess
whether they are the primary beneficiary of VIEs in which they have
variable interests.
For those VIEs that savings associations must consolidate, guidance
advises institutions to report the assets and liabilities of these VIEs
on Schedule SC in the balance sheet category appropriate to the asset
or liability. However, ASC paragraph 810-10-45-25 \3\ requires a
reporting entity to present ``separately on the face of the statement
of financial position: a. Assets of a consolidated variable interest
entity (VIE) that can be used only to settle obligations of the
consolidated VIE [and] b. Liabilities of a consolidated VIE for which
creditors (or beneficial interest holders) do not have recourse to the
general credit of the primary beneficiary.'' This requirement has been
interpreted to mean that ``each line item of the consolidated balance
sheet should differentiate which portion of those amounts meet the
separate presentation conditions.'' \4\ In requiring separate
presentation for these assets and liabilities, the FASB agreed with
commenters on its proposed accounting standard on consolidation that
``separate presentation * * * would provide transparent and useful
information about an enterprise's involvement and associated risks in a
variable interest entity.'' \5\ The federal banking agencies concur
that separate presentation would provide similar benefits to them and
other Call Report and TFR users.
---------------------------------------------------------------------------
\3\ Formerly paragraph 22A of FIN 46(R), as amended by FAS 167.
\4\ Deloitte & Touche LLP, ``Back on-balance sheet: Observations
from the adoption of FAS 167,'' May 2010, page 4 (https://www.deloitte.com/view/en_US/us/Services/audit-enterprise-risk-services/Financial-Accounting-Reporting/f3a70ca28d9f8210VgnVCM200000bb42f00aRCRD.htm).
\5\ See paragraphs A80 and A81 of FAS 167.
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Consistent with the presentation requirements discussed above, the
banking agencies are proposing to add a new Schedule RC-V, Variable
Interest Entities, to the Call Report, and OTS is proposing to add a
new Schedule VIE, Variable Interest Entities, to the TFR. Financial
institutions would use the proposed new schedules to report a breakdown
of the assets of consolidated VIEs that can be used only to settle
obligations of the consolidated VIEs and liabilities of consolidated
VIEs for which creditors do not have recourse to the general credit of
the financial institution. The following proposed categories of assets
and liabilities would include some of the same categories presented on
the Call Report and TFR balance sheet schedules: Cash and balances due
from depository institutions, Held-to-maturity securities; Available-
for-sale securities; Securities purchased under agreements to resell,
Loans and leases held for sale; Loans
[[Page 61568]]
and leases, net of unearned income; Allowance for loan and lease
losses; Trading assets (other than derivatives); Derivative trading
assets; Other real estate owned; Other assets; Securities sold under
agreements to repurchase; Derivative trading liabilities; Other
borrowed money (other than commercial paper); Commercial paper; and
Other liabilities. These assets and liabilities would be presented
separately for securitization trusts, asset-backed commercial paper
conduits, and other VIEs.
In addition, the federal banking agencies propose to include
separate items in the new schedules in which financial institutions
would report the total assets and the total liabilities of consolidated
VIEs (for which the breakdown of assets and liabilities described above
is not reported) to help the agencies understand the magnitude of any
VIE assets that are not dedicated solely to settling obligations of the
VIE and any VIE liabilities for which creditors may have recourse to
the general credit of the bank. These consolidated VIEs' total assets
and total liabilities, which would be reported after eliminating
intercompany transactions, would also be reported separately for
securitization trusts, asset-backed commercial paper conduits, and
other VIEs.
G. Assets Covered by FDIC Loss-Sharing Agreements
In March 2010, the federal banking agencies added a four-way
breakdown of assets covered by loss-sharing agreements with the FDIC to
the Call Report and the TFR. In a January 22, 2010, comment letter to
the banking agencies on the agencies' submission for OMB review of
proposed Call Report revisions for implementation in 2010, the American
Bankers Association (ABA) stated that while the addition of the covered
asset items to Schedule RC-M was
a step in the right direction, ABA believes it would be beneficial
to regulators, reporting banks, investors, and the public to have
additional, more granular information about the various categories
of assets subject to the FDIC loss-sharing agreements. While we
recognize that this would result in additional reporting burden on
banks, on balance our members feel strongly that the benefit of
additional disclosure of loss-sharing data would outweigh the burden
of providing these detailed data. Thus, we urge the Agencies and the
FFIEC to further revise the collection of data from banks on assets
covered by FDIC loss-sharing agreements on the Call Report to
include the several changes suggested below. * * * We believe these
changes would provide a more precise and accurate picture of a
bank's asset quality.
OTS is proposing to revise the TFR along the lines suggested by the
ABA by adding the following new lines:
Breakdown of line SI770, Loans and Leases:
SI771 Construction Loans--Total
SI773 Residential--Total
SI717 1-4 Dwelling Units
SI718 Multifamily (5 or More) Dwelling Units
SI775 Nonresidential Property
SI777 Permanent Loans--Total
SI778 Residential--Total
SI779 1-4 Dwelling Units--Total
SI780 Revolving Open-End Loans
SI781 All Other--First Liens
SI782 All Other--Junior Liens
SI783 Multifamily (5 or More) Dwelling Units
SI784 Nonresidential Property--Total
SI785 Owner-Occupied Nonfarm Nonresidential Property
SI786 Other Nonfarm Nonresidential Property
SI787 Land
SI788 Commercial Loans--Total
SI789 Secured
SI790 Unsecured
SI791 Credit Card Loans Outstanding--Business
SI792 Lease Receivables
SI793 Consumer Loans--Total
SI794 Loans on Deposits
SI795 Home Improvement Loans (Not Secured by Real Estate)
SI796 Education Loans
SI797 Auto Loans
SI798 Mobile Home Loans
SI799 Credit Cards
SI800 Other, Including Lease Receivables
SI801 Repossessed Assets--Total
SI802 Real Estate--Total
SI803 Construction
SI804 Residential--Total
SI805 1-4 Dwelling Units
SI806 Multifamily (5 or More) Dwelling Units
SI807 Nonresidential (Except Land)
SI808 Land
SI809 Other Repossessed Assets
SI810 Guaranteed amount of total amount of covered real estate owned
SI811 Total Income Included on Schedule SO Received From or Accrued on
Assets Covered by the FDIC Under Loss-Sharing Agreements
Breakdown of Covered Past Due and Nonaccrual Loans and Leases (3
amounts for each line--30-89 days past due and still accruing, 90 days
or more past due and still accruing, and nonaccrual):
PD515, PD615, PD715 Construction Loans--Total
PD SUBxxx, PD SUBxxx, PD SUBxxx Residential--Total
PD516, PD616, PD716 1-4 Dwelling Units
PD517, PD617, PD717 Multifamily (5 or More) Dwelling Units
PD518, PD618, PD718 Nonresidential Property
PD SUBxxx, PD SUBxxx, PD SUBxxx Permanent Loans--Total
PD SUBxxx, PD SUBxxx, PD SUBxxx Residential--Total
PD SUBxxx, PD SUBxxx, PD SUBxxx 1-4 Dwelling Units--Total
PD521, PD621, PD721 Revolving Open-End Loans
PD523, PD623, PD723 All Other--First Liens
PD524, PD624, PD724 All Other--Junior Liens
PD525, PD625, PD725 Multifamily (5 or More) Dwelling Units
PD535, PD635, PD735 Nonresidential Property--Total
PD536, PD636, PD736 Owner-Occupied Nonresidential Property
PD537, PD637, PD737 Other Nonresidential Property
PD538, PD638, PD738 Land
PD540, PD640, PD740 Commercial Loans--Total
PD541, PD641, PD741 Secured
PD542, PD642, PD742 Unsecured
PD540, PD643, PD743 Credit Card Loans Outstanding--Business
PD545, PD645, PD745 Lease Receivables
PD SUBxxx, PD SUBxxx, PD SUBxxx Consumer Loans--Total
PD561, PD661, PD761 Loans on Deposits
PD563, PD663, PD763 Home Improvement Loans (Not Secured by Real Estate)
PD565, PD665, PD765 Education Loans
PD567, PD667, PD767 Auto Loans
PD569, PD669, PD769 Mobile Home Loans
PD571, PD671, PD771 Credit Cards
PD580, PD680, PD780 Other, Including Lease Receivables
PD596, PD696, PD796 Guaranteed Amount of Total Amount of Covered Past
Due and Nonaccrual Loans and Leases
H. Life Insurance Assets
Financial institutions purchase and hold bank-owned life insurance
(BOLI) policies as assets, the premiums for which may be used to
acquire general account or separate account life insurance policies.
Savings associations currently report the aggregate amount of their
life insurance assets in Schedule SC without regard to whether their
holdings are general account or separate account policies.
Many financial institutions have BOLI assets, and the distinction
between those life insurance policies that represent general account
products and
[[Page 61569]]
those that represent separate account products has meaning with respect
to the degree of credit risk involved as well as performance measures
for the life insurance assets in a volatile market environment. In a
general account policy, the general assets of the insurance company
issuing the policy support the policy's cash surrender value. In a
separate account policy, the policyholder's cash surrender value is
supported by assets segregated from the general assets of the insurance
carrier. Under such an arrangement, the policyholder neither owns the
underlying separate account created by the insurance carrier on its
behalf nor controls investment decisions in the account. Nevertheless,
the policyholder assumes all investment and price risk.
A number of financial institutions holding separate account life
insurance policies have recorded significant losses in recent years due
to the volatility in the markets and the vulnerability to market
fluctuations of the instruments that are investment options in separate
account life insurance policies. Information distinguishing between the
cash surrender values of general account and separate account life
insurance policies would allow the OTS to track savings associations'
holdings of both types of life insurance policies with their differing
risk characteristics and changes in their carrying amounts resulting
from their performance over time. Accordingly, the OTS is proposing to
add the following new items:
Key Person Life Insurance:
SC617 General Account Life Insurance Assets;
SC619 Separate Account Life Insurance Assets.
Other BOLI Not Considered Key Person Life Insurance:
SC627 General Account Life Insurance Assets;
SC629 Separate Account Life Insurance Assets.
I. Captive Insurance and Reinsurance Subsidiaries
Captive insurance companies are utilized by banking organizations
to ``self insure'' or reinsure their own risks pursuant to incidental
activities authority. A captive insurance company is a limited purpose
insurer that may be licensed as a direct writer of insurance or as a
reinsurer. Insurance premiums paid by an institution to its captive
insurer, and claims paid back to the institution by the captive, are
transacted on an intercompany basis, so there is no evidence of this
type of self-insurance activity when an institution prepares
consolidated financial statements, including its TFR. The cash flows
for a captive reinsurer's transactions also are not transparent in an
institution's consolidated financial statements.
A number of financial institutions own captive insurers or
reinsurers, several of which were authorized to operate more than ten
years ago. Some of the most common lines of business underwritten by
financial institution captive insurers are credit life, accident, and
health; disability insurance; and employee benefits coverage.
Additionally, financial institution captive reinsurance subsidiaries
may underwrite private mortgage guaranty reinsurance and terrorism risk
reinsurance.
As part of their supervisory processes, the federal banking
agencies have been following the proliferation of financial institution
captive insurers and reinsurers and the performance trends of these
captives for the past several years. Collection of financial
information regarding the total assets of captive insurance and
reinsurance subsidiaries would assist the agencies in monitoring the
insurance activities of banking organizations as well as any safety and
soundness risks posed to the parent institution from the activities of
these subsidiaries.
OTS is proposing to collect two new items in Schedule SI:
SI762 Total assets of captive insurance subsidiaries;
SI763 Total assets of captive reinsurance subsidiaries.
These new items are not expected to be applicable to the vast
majority of savings associations. When reporting the total assets of
these captive subsidiaries in the proposed new items, savings
associations should measure the subsidiaries' total assets before
eliminating intercompany transactions between the consolidated
subsidiary and other offices or subsidiaries of the consolidated
institution.
J. Quarterly Reporting for Collective Investment Funds
For financial institutions that provide fiduciary and related
services, the volume of assets under management is an important metric
for understanding risk at these institutions and in the banking system.
A savings association's assets under management may include such pooled
investment vehicles as collective investment funds and common trust
funds (hereafter, collectively, CIFs) that it offers to investors. When
considering how and where to place funds in pooled investment vehicles,
which also include registered investment funds (mutual funds),
investors' decisions are highly influenced by risk and return factors.
While registered investment funds regularly disclose an array of fund-
related data to the U.S. Securities and Exchange Commission and the
investing public, the OTS's collection and public disclosure of summary
data on CIFs is limited to annual data reported in lines FS610 through
FS675 of TFR Schedule FS, Fiduciary and Related Services, as of each
December 31.
Like other investment vehicles, CIFs were affected by market
disruptions during the recent financial crisis. To detect changes in
investor behavior and bank investment management strategies at an early
stage in this $2.5 trillion line of business, the banking agencies
believe it would be beneficial to change the reporting frequency for
the Schedule FS data on collective investment funds and common trust
funds from annually to quarterly for those institutions that currently
report their fiduciary assets and fiduciary income quarterly. Quarterly
filing of these Schedule FS data is required of institutions with total
fiduciary assets greater than $250 million (as of the preceding
December 31) or with gross fiduciary and related income greater than 10
percent of revenue for the preceding calendar year.
K. Service Charges on Deposit Accounts
Savings associations currently do not report separate detail on
service charges on deposit accounts. There has been growing interest in
the amount of deposit account service fees charged by financial
institutions. Banks currently report this data as a separate component
of noninterest income in Call Report Schedule RI. In reporting this
item, banks include amounts charged depositors (in domestic offices):
(1) For the maintenance of their deposit accounts with the bank,
so-called ``maintenance charges,''
(2) For their failure to maintain specified minimum deposit
balances,
(3) Based on the number of checks drawn on and deposits made in
their deposit accounts,
(4) For checks drawn on so-called ``no minimum balance'' deposit
accounts,
(5) For withdrawals from nontransaction deposit accounts,
(6) For the closing of savings accounts before a specified minimum
period of time has elapsed,
(7) For accounts which have remained inactive for extended periods
of time or which have become dormant,
(8) For deposits to or withdrawals from deposit accounts through
the use of automated teller machines or remote service units,
[[Page 61570]]
(9) For the processing of checks drawn against insufficient funds,
so-called ``NSF check charges,'' that the bank assesses regardless of
whether it decides to pay, return, or hold the check. Exclude
subsequent charges levied against overdrawn accounts based on the
length of time the account has been overdrawn, the magnitude of the
overdrawn balance, or which are otherwise equivalent to interest
(report in the appropriate subitem of Schedule RI, item 1.a, ``Interest
and fee income on loans (in domestic offices)''),
(10) For issuing stop payment orders,
(11) For certifying checks, and
(12) For the accumulation or disbursement of funds deposited to
Individual Retirement Accounts (IRAs) or Keogh Plan accounts when not
handled by the bank's trust department. Report such commissions and
fees received for accounts handled by the bank's trust department in
Schedule RI, item 5.a, ``Income from fiduciary activities.'' Exclude
penalties paid by depositors for the early withdrawal of time deposits
(report as ``Other noninterest income'' in Schedule RI, item 5.l, or
deduct from the interest expense of the related category of time
deposits, as appropriate).
OTS is proposing to add the following line to Schedule SO as a
detail item of other fees and charges within the noninterest income
section:
SO422 Service Charges on Deposit Accounts
L. Qualifying Noncontrolling (Minority) Interests in Consolidated
Subsidiaries
Only qualifying noncontrolling (minority) interests in consolidated
subsidiaries are allowable in Tier 1 capital. Those that are non-
qualifying are not. The existing Schedule CCR computes Tier 1 Capital
using Total Equity Capital (Line SC 84), which includes all
noncontrolling (minority) interests from Line SC 800. This can be
interpreted as permitting all noncontrolling (minority) interests (Line
SC 800), whether qualifying or not, to be included in the calculation
of Tier 1 Capital. Therefore to clarify the treatment of noncontrolling
(minority) interests, OTS is proposing to use Total Savings Association
Equity Capital (Line SC 80), which is net of noncontrolling (minority)
interests, as the starting point for computation of Tier 1 capital for
Schedule CCR. Non-controlling (minority) interests are then added to
Tier 1, per the new line CCR187 described below, only to the extent
they are qualifying noncontrolling (minority) interests. This approach
is consistent with the approach used on the Call Report. Thus, OTS is
proposing to revise one line and add a new line on Schedule CCR to
address the treatment of noncontrolling (minority) interests in Tier 1
Capital:
Revise line CCR100 Total Equity Capital (SC84) to CCR100 Total
Savings Association Equity Capital (SC80)
Add new line CCR187 Qualifying Noncontrolling (Minority) Interests
in Consolidated Subsidiaries.
M. Trust Preferred Securities
As financial institution investments, trust preferred securities
are hybrid instruments possessing characteristics typically associated
with debt obligations. Although each issue of these securities may
involve minor differences in terms, under the basic structure of trust
preferred securities a corporate issuer, such as a financial
institution holding company, first organizes a business trust or other
special purpose entity. This trust issues two classes of securities:
common securities, all of which are purchased and held by the corporate
issuer, and trust preferred securities, which are sold to investors.
The business trust's only assets are deeply subordinated debentures of
the corporate issuer, which the trust purchases with the proceeds from
the sale of its common and preferred securities. The corporate issuer
makes periodic interest payments on the subordinated debentures to the
business trust, which uses these payments to pay periodic dividends on
the trust preferred securities to the investors. The subordinated
debentures have a stated maturity and may also be redeemed under other
circumstances. Most trust preferred securities are subject to mandatory
redemption upon the repayment of the debentures.
Trust preferred securities meet the definition of a security in
FASB Statement No. 115, ``Accounting for Certain Investments in Debt
and Equity Securities.'' Because of the mandatory redemption provision
in the typical trust preferred security, investments in trust preferred
securities would normally be considered debt securities for financial
accounting purposes. Accordingly, regardless of the authority under
which a financial institution is permitted to invest in trust preferred
securities, savings associations should report these investments as
debt securities for purposes of these reports (unless, based on the
specific facts and circumstances of a particular issue of trust
preferred securities, the securities would be considered equity rather
than debt securities under Statement No. 115. To better gauge the level
of investment in trust preferred securities by savings associations,
the OTS is proposing to add the following two lines as detail to other
investment securities reported in Schedule SC:
SC187 Trust Preferred Securities Issues By FDIC-Insured Depository
Institutions or Their Holding Companies;
SC188 Other Trust Preferred Securities.
N. General, Specific, and Total Valuation Allowances by Major Loan Type
OTS is proposing that savings associations report additional detail
on loans for general and specific valuation allowances. The proposed
additional detail on valuation allowances in Schedules VA would enable
OTS to better understand reserves activity within loan categories at
savings associations.
More specifically, new items are proposed for Schedule VA under
three columns for the amount of general valuation allowances at the end
of the current quarter (1100 series of lines), the amount of specific
valuation allowances at the end of the current quarter (1200 series of
lines), and the total of valuation allowances at the end of the current
quarter (1300 series of lines):
VA1115, VA1215, VA1315 Construction Loans--Total
VA SUBxxx, VA SUBxxx,VA SUBxxx Residential--Total
VA1120, VA1220, VA1320 1-4 Dwelling Units
VA1122, VA1222, VA1322 Multifamily (5 or More) Dwelling Units
VA1130, VA1230, VA1330 Nonresidential Property
VA SUBxxx, VA SUBxxx,VA SUBxxx Permanent Loans--Total
VA SUBxxx, VA SUBxxx,VA SUBxxx Residential--Total
VA SUBxxx, VA SUBxxx,VA SUBxxx 1-4 Dwelling Units--Total
VA1140, VA1240, VA1340 Revolving Open-End Loans
VA1145, VA1245, VA1345 All Other--First Liens
VA1147, VA1247, VA1347 All Other--Junior Liens
VA1150, VA1250, VA1350 Multifamily (5 or More) Dwelling Units
VA1160, VA1260, VA1360 Nonresidential Property--Total
VA1162, VA1262, VA1362 Owner-Occupied Nonresidential Property
VA1163, VA1263, VA1363 Other Nonresidential Property
VA1165, VA1265, VA1365 Land
VA1170, VA1270, VA1370 Commercial Loans--Total
[[Page 61571]]
VA1172, VA1272, VA1372 Secured
VA1173, VA1273, VA1373 Unsecured
VA1174, VA1274, VA1374 Credit Card Loans Outstanding--Business
VA1176, VA1276, VA1376 Lease Receivables
VA SUBxxx, VA SUBxxx,VA SUBxxx Consumer Loans--Total
VA1182, VA1282, VA1382 Loans on Deposits
VA1183, VA1283, VA1383 Home Improvement Loans (Not Secured by Real
Estate)
VA1184, VA1284, VA1384 Education Loans
VA1185, VA1285, VA1385 Auto Loans
VA1186, VA1286, VA1386 Mobile Home Loans
VA1187, VA1287, VA1387 Credit Cards
VA1188, VA1288, VA1388 Other, Including Lease Receivables
O. Classified Assets by Major Loan Type
OTS is proposing that savings associations report additional detail
on classified assets by major loan type. The proposed additional detail
on classified assets in Schedules VA would enable OTS to better
understand asset quality within loan categories at savings
associations.
More specifically, new items are proposed for Schedule VA under
four columns for the amount of special mention assets at the end of the
current quarter (1400 series of lines), the amount of substandard
assets at the end of the current quarter (1500 series of lines), the
amount of doubtful assets at the end of the current quarter (1600
series of lines), and the amount of loss assets at the end of the
current quarter (1700 series of lines):
VA1415, VA1515, VA1615, VA1715 Construction Loans--Total
VA SUBxxx, VA SUBxxx, VA SUBxxx, VA SUBxxx Residential--Total
VA1420, VA1520, VA1620, VA1720 1-4 Dwelling Units
VA1422, VA1522, VA1622, VA1722 Multifamily (5 or More) Dwelling Units
VA1430, VA1530, VA1630, VA1730 Nonresidential Property
VA SUBxxx, VA SUBxxx, VA SUBxxx, VA SUBxxx Permanent Loans--Total
VA SUBxxx, VA SUBxxx, VA SUBxxx, VA SUBxxx Residential--Total
VA SUBxxx, VA SUBxxx, VA SUBxxx, VA SUBxxx 1-4 Dwelling Units--Total
VA1440, VA1540, VA1640, VA1740 Revolving Open-End Loans
VA1445, VA1545, VA1645, VA1745 All Other--First Liens
VA1447, VA1547, VA1647, VA1747 All Other--Junior Liens
VA1450, VA1550, VA1650, VA1750 Multifamily (5 or More) Dwelling Units
VA1460, VA1560, VA1660, VA1760 Nonresidential Property--Total
VA1462, VA1562, VA1662, VA1762 Owner-Occupied Nonresidential Property
VA1463, VA1563, VA1663, VA1763 Other Nonresidential Property
VA1465, VA1565, VA1665, VA1765 Land
VA1470, VA1570, VA1670, VA1770 Commercial Loans--Total
VA1472, VA152, VA1672, VA1772 Secured
VA1473, VA1573, VA1673, VA1773 Unsecured
VA1475, VA1575, VA1675, VA1775 Credit Card Loans Outstanding--Business
VA1476, VA1576, VA1676, VA1776 Lease Receivables
VASUBxxx, VASUBxxx, VASUBxxx, VASUBxxx Consumer Loans--Total
VA1482, VA1582, VA1682, VA1782 Loans on Deposits
VA1483, VA1583, VA1683, VA1783 Home Improvement Loans (Not Secured by
Real Estate)
VA1484, VA1584, VA1684, VA1784 Education Loans
VA1485, VA1585, VA1685, VA1785 Auto Loans
VA1486, VA1586, VA1686, VA1786 Mobile Home Loans
VA1487, VA1587, VA1687, VA1787 Credit Cards
VA1488, VA1588, VA1688, VA1788 Other, Including Lease Receivables
Request for Comments: OTS may not conduct or sponsor an information
collection, and respondents are not required to respond to an
information collection, unless the information collection displays a
currently valid OMB control number.
In this notice, OTS is soliciting comments concerning the following
information collection.
Statutory Requirement: 12 U.S.C. 1464(v) imposes reporting
requirements for savings associations.
Type of Review: Revision of currently approved collections.
Frequency of Response: Quarterly; Annually.
Affected Public: Business or other for-profit.
Estimated Number of Respondents: 753 savings associations.
Estimated Burden Hours per Respondent: 60.0 hours average for
quarterly schedules and 2.0 hours average for schedules required only
annually plus recordkeeping of an average of one hour per quarter.
Estimated Total Annual Burden: 188,712 burden hours.
OTS is proposing to revise the TFR, which is currently an approved
collection of information, in March 2011. The effect on reporting
burden of the proposed revisions to the TFR requirements will vary from
institution to institution depending on the institution's asset size
and its involvement with the types of activities or transactions to
which the proposed changes apply.
The proposed TFR changes that would take effect as of March 31,
2011 would change the reporting frequency for the number and market
value of collective investment funds and common trust funds data
reported in Memorandum Item 3 of Schedule FS, revise several existing
lines, add new lines to the TFR, and add a new Schedule VIE, Variable
Interest Entities.
OTS estimates that the implementation of these reporting revisions
will result in an increase in the current reporting burden imposed by
the TFR on all savings associations.
As part of the approval process, we invite comments addressing one
or more of the following points:
a. Whether the proposed revisions to the TFR collections of
information are necessary for the proper performance of the agency's
functions, including whether the information has practical utility;
b. The accuracy of the agency's estimate of the burden of the
collection of information;
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, the Internet, 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.
OTS will summarize the comments received and include them in the
request for OMB approval. All comments will become a matter of public
record.
Clearance Officer: Ira L. Mills, (202) 906-6531, Office of Thrift
Supervision, 1700 G Street, NW., Washington, DC 20552.
OMB Reviewer: Desk Officer for OTS, FAX: (202) 395-6974, U.S.
Office of Management and Budget, 725--17th Street, NW., Room 10235,
Washington, DC 20503.
[[Page 61572]]
Dated: September 29, 2010.
Ira L. Mills,
Paperwork Clearance Officer, Office of Chief Counsel, Office of Thrift
Supervision.
[FR Doc. 2010-24883 Filed 10-4-10; 8:45 am]
BILLING CODE 6720-01-P