Proposed Agency Information Collection Activities; Comment Request, 67721-67731 [2010-27698]
Download as PDF
Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices
Notice is hereby given,
pursuant to the Government in the
Sunshine Act (5 U.S.C. 552b(e)(3)), of
the regular meeting of the Farm Credit
Administration Board (Board).
DATE AND TIME: The regular meeting of
the Board will be held at the offices of
the Farm Credit Administration in
McLean, Virginia, on November 10,
2010, from 9 a.m. until such time as the
Board concludes its business.
FOR FURTHER INFORMATION CONTACT:
Roland E. Smith, Secretary to the Farm
Credit Administration Board, (703) 883–
4009, TTY (703) 883–4056.
ADDRESSES: Farm Credit
Administration, 1501 Farm Credit Drive,
McLean, Virginia 22102–5090.
SUPPLEMENTARY INFORMATION: This
meeting of the Board will be open to the
public (limited space available. In order
to increase the accessibility to Board
meetings, persons requiring assistance
should make arrangements in advance.
The matters to be considered at the
meeting are:
SUMMARY:
Open Session
A. Approval of Minutes
• October 14, 2010
B. New Business
• Advance Notice of Proposed
Rulemaking—Disclosure to
Shareholders and Investors on
Senior Officer Compensation
Closed Session*
Reports
• Office of Management Services
Quarterly Report
Dated: October 28, 2010.
Roland E. Smith,
Secretary, Farm Credit Administration Board
[FR Doc. 2010–27910 Filed 11–1–10; 4:15 pm]
BILLING CODE 6705–01–P
FEDERAL RESERVE SYSTEM
Proposed Agency Information
Collection Activities; Comment
Request
Board of Governors of the
Federal Reserve System
SUMMARY: Background. On June 15,
1984, the Office of Management and
Budget (OMB) delegated to the Board of
Governors of the Federal Reserve
System (Board) its approval authority
under the Paperwork Reduction Act
(PRA), as per 5 CFR 1320.16, to approve
of and assign OMB control numbers to
collection of information requests and
requirements conducted or sponsored
by the Board under conditions set forth
jlentini on DSKJ8SOYB1PROD with NOTICES
AGENCY:
VerDate Mar<15>2010
19:21 Nov 02, 2010
Jkt 223001
in 5 CFR Part 1320 Appendix A.1.
Board-approved collections of
information are incorporated into the
official OMB inventory of currently
approved collections of information.
Copies of the Paperwork Reduction Act
Submission, supporting statements and
approved collection of information
instruments are placed into OMB’s
public docket files. The Federal Reserve
may not conduct or sponsor, and the
respondent is not required to respond
to, an information collection that has
been extended, revised, or implemented
on or after October 1, 1995, unless it
displays a currently valid OMB control
number.
Request for Comment on Information
Collection Proposals
The following information
collections, which are being handled
under this delegated authority, have
received initial Board approval and are
hereby published for comment. At the
end of the comment period, the
proposed information collections, along
with an analysis of comments and
recommendations received, will be
submitted to the Board for final
approval under OMB delegated
authority. Comments are invited on the
following:
a. Whether the proposed collection of
information is necessary for the proper
performance of the Federal Reserve’s
functions; including whether the
information has practical utility;
b. The accuracy of the Federal
Reserve’s estimate of the burden of the
proposed information collection,
including the validity of the
methodology and assumptions used;
c. Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
d. Ways to minimize the burden of
information collection on respondents,
including through the use of automated
collection techniques or other forms of
information technology.
DATES: Comments must be submitted on
or before January 3, 2011.
ADDRESSES: You may submit comments,
identified by FR Y–9C, FR Y–9LP, FR Y–
11, FR 2314, FR Y–7N, or FR 2886b, by
any of the following methods:
• Agency Web Site: https://
www.federalreserve.gov. Follow the
instructions for submitting comments at
https://www.federalreserve.gov/
generalinfo/foia/ProposedRegs.cfm.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail:
regs.comments@federalreserve.gov.
Include docket number in the subject
line of the message.
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
67721
• Fax: 202/452–3819 or 202/452–
3102.
• Mail: Jennifer J. Johnson, Secretary,
Board of Governors of the Federal
Reserve System, 20th Street and
Constitution Avenue, NW., Washington,
DC 20551.
All public comments are available from
the Board’s Web site at https://
www.federalreserve.gov/generalinfo/
foia/ProposedRegs.cfm as submitted,
unless modified for technical reasons.
Accordingly, your comments will not be
edited to remove any identifying or
contact information. Public comments
may also be viewed electronically or in
paper form in Room MP–500 of the
Board’s Martin Building (20th and C
Streets, NW.) between 9 a.m. and 5 p.m.
on weekdays.
Additionally, commenters should
send a copy of their comments to the
OMB Desk Officer by mail to the Office
of Information and Regulatory Affairs,
U.S. Office of Management and Budget,
New Executive Office Building, Room
10235, 725 17th Street, NW.,
Washington, DC 20503 or by fax to 202–
395–6974.
FOR FURTHER INFORMATION CONTACT: A
copy of the PRA OMB submission,
including the proposed reporting form
and instructions, supporting statement,
and other documentation will be placed
into OMB’s public docket files, once
approved. These documents will also be
made available on the Federal Reserve
Board’s public Web site at: https://
www.federalreserve.gov/boarddocs/
reportforms/review.cfm or may be
requested from the agency clearance
officer, whose name appears below.
Cynthia Ayouch, Acting Federal
Reserve Board Clearance Officer (202–
452–3829), Division of Research and
Statistics, Board of Governors of the
Federal Reserve System, Washington,
DC 20551. Telecommunications Device
for the Deaf (TDD) users may contact
(202–263–4869), Board of Governors of
the Federal Reserve System,
Washington, DC 20551.
Proposal to approve under OMB
delegated authority the extension for
three years, with revision of the
following reports:
1. Report title: Financial Statements
for Bank Holding Companies.
Agency form number: FR Y–9C, FR Y–
9LP.
OMB control number: 7100–0128.
Frequency: Quarterly.
Reporters: Bank holding companies.
Estimated annual reporting hours: FR
Y–9C: 189,449; FR Y–9LP: 27,195.
Estimated average hours per response:
FR Y–9C: 45.15; FR Y–9LP: 5.25.
Number of respondents: FR Y–9C:
1,049; FR Y–9LP: 1,295.
E:\FR\FM\03NON1.SGM
03NON1
jlentini on DSKJ8SOYB1PROD with NOTICES
67722
Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices
General description of report: This
information collection is mandatory (12
U.S.C. 1844(c)). Confidential treatment
is not routinely given to the data in
these reports. However, confidential
treatment for the reporting information,
in whole or in part, can be requested in
accordance with the instructions to the
form, pursuant to sections (b)(4) and
(b)(6) of the Freedom of Information Act
(5 U.S.C. 522(b)(4), (b)(6)).
Abstract: The FR Y–9C and the FR Y–
9LP are standardized financial
statements for the consolidated bank
holding company (BHC) and its parent.
The FR Y–9 family of reports
historically has been, and continues to
be, the primary source of financial
information on BHCs between on-site
inspections. Financial information from
these reports is used to detect emerging
financial problems, to review
performance and conduct preinspection analysis, to monitor and
evaluate capital adequacy, to evaluate
BHC mergers and acquisitions, and to
analyze a BHC’s overall financial
condition to ensure safe and sound
operations.
The FR Y–9C consists of standardized
financial statements similar to the
Federal Financial Institutions
Examination Council (FFIEC)
Consolidated Reports of Condition and
Income (Call Reports) (FFIEC 031 & 041;
OMB No. 7100–0036) filed by
commercial banks. The FR Y–9C
collects consolidated data from BHCs.
The FR Y–9C is filed by top-tier BHCs
with total consolidated assets of $500
million or more. (Under certain
circumstances defined in the General
Instructions, BHCs under $500 million
may be required to file the FR Y–9C.)
The FR Y–9LP includes standardized
financial statements filed quarterly on a
parent company only basis from each
BHC that files the FR Y–9C. In addition,
for tiered BHCs, a separate FR Y–9LP
must be filed for each lower tier BHC.
Current actions: The Federal Reserve
proposes the following revisions and
clarifications to the FR Y–9C: (1) Break
out by loan category of other loans and
leases that are troubled debt
restructurings for those that (a) are past
due 30 days or more or in nonaccrual
status or (b) are in compliance with
their modified terms and clarify
reporting of restructured troubled debt
consumer loans, (2) break out other
consumer loans into automobile loans
and all other consumer loans in several
schedules, (3) break out commercial
mortgage-backed securities issued or
guaranteed by U.S. Government
agencies and sponsored agencies, (4)
create a new Schedule HC–V, Variable
Interest Entities, for reporting major
VerDate Mar<15>2010
19:21 Nov 02, 2010
Jkt 223001
categories of assets and liabilities of
consolidated variable interest entities
(VIEs), (5) break out loans and other real
estate owned (OREO) information
covered by FDIC loss-sharing
agreements by loan and OREO category,
(6) break out life insurance assets into
data items for general account and
separate account life insurance assets,
(7) add new data items for the total
assets of captive insurance and
reinsurance subsidiaries, (8) add new
income statement items for credit
valuation adjustments and debit
valuation adjustments included in
trading revenues (for BHCs with total
assets of $100 billion or more), (9) revise
reporting instructions in the areas of
construction lending, 1–4 family
residential mortgage banking activities,
and maturity and repricing data, and
(10) collect expanded information on
the quarterly-averages schedule. The
proposed changes would be effective as
of March 31, 2011.
The Federal Reserve proposes to
revise the FR Y–9LP to modify a data
item collecting loans and leases of the
parent restructured in compliance with
modified terms. This data item would
be redefined to exclude leases and to
explicitly refer to restructured loans in
this data item as troubled debt
restructurings. The proposed changes
would be effective as of March 31, 2011.
For the March 31, 2011, reporting
date, BHCs may provide reasonable
estimates for any new or revised FR Y–
9C or FR Y–9LP data item initially
required to be reported as of that date
for which the requested information is
not readily available. The specific
wording of the captions for the new or
revised FR Y–9C or FR Y–9LP data
items discussed in this proposal and the
numbering of these data items should be
regarded as preliminary.
Proposed Revisions—FR Y–9C
A. Proposed Revisions Related to Call
Report Revisions
The Federal Reserve proposes to make
the following revisions to the FR Y–9C
to parallel proposed changes to the Call
Report. BHCs have commented that
changes should be made to the FR Y–
9C in a manner consistent with changes
to the Call Report to reduce reporting
burden.
A.1
Troubled Debt Restructurings
The Federal Reserve proposes that
BHCs report additional detail on loans
that have undergone troubled debt
restructurings in Schedule HC–C, Loans
and Lease Financing Receivables, and
Schedule HC–N, Past Due and
Nonaccrual Loans, Leases, and Other
PO 00000
Frm 00041
Fmt 4703
Sfmt 4703
Assets. More specifically, Schedule HC–
C, Memorandum item 1.b, Other loans
and all leases, restructured and in
compliance with modified terms, and
Schedule HC–N, Memorandum item 1.b,
restructured, Other loans and all leases,
included in Schedule HC–N, would be
broken out to provide information on
restructured troubled loans for many of
the loan categories reported in the
bodies of Schedule HC–C and Schedule
HC–N. The breakout would also include
Loans to individuals for household,
family, and other personal expenditures,
whose terms have been modified in
troubled debt restructurings, which are
currently excluded from the reporting of
troubled debt restructurings.
In the aggregate, troubled debt
restructurings for all FR Y–9C
respondents have grown from $11.4
billion at year-end 2007 to $106.2
billion as of March 31, 2010. The
proposed additional detail on troubled
debt restructurings in Schedules HC–C
and HC–N would enable the Federal
Reserve to better understand the level of
restructuring activity at BHCs, the
categories of loans involved in this
activity, and whether BHCs are working
with their borrowers to modify and
restructure loans. In particular, to
encourage banking organizations to
work constructively with their
commercial borrowers, the banking
agencies recently issued guidance on
commercial real estate loan workouts
and small business lending.1 While this
guidance has explained the agencies’
expectations for prudent workouts, the
Federal Reserve and the industry would
benefit from additional reliable data
outside of the examination process to
assess restructuring activity at BHCs 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 a BHC’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 most asset classes have been
1 Interagency Statement on Meeting the Credit
Needs of Creditworthy Small Business Borrowers,
issued February 12, 2010, and Policy Statement on
Prudent Commercial Real Estate Loan Workouts,
issued October 30, 2009.
E:\FR\FM\03NON1.SGM
03NON1
jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices
adversely affected by the recent
recession. This affect is evidenced by
the increase in past due and nonaccrual
assets across virtually all asset classes
over the past two to three years.
Currently, BHCs report loans and
leases restructured and in compliance
with their modified terms (Schedule
HC–C, Memorandum item (1) with
separate disclosure of (a) loans secured
by 1–4 family residential properties (in
domestic offices) and (b) other loans and
all leases (excluding loans to
individuals for household, family, and
other personal expenditures). This same
breakout is reflected in Schedule HC–N,
Memorandum item 1, for past due and
nonaccrual restructured troubled loans.
The broad category of other loans in
Schedule HC–C, Memorandum item 1.b,
and Schedule HC–N, Memorandum
item 1.b, does not permit an adequate
analysis of troubled debt restructurings.
In addition, the disclosure requirements
for troubled debt restructurings under
generally accepted accounting
principles (GAAP) do not exempt
restructurings of loans to individuals for
household, family, and other personal
expenditures. Therefore, if more detail
were to be added to match the reporting
of loans in Schedule HC–C and
Schedule HC–N, the new data would
provide the Federal Reserve with the
level of information necessary to assess
BHCs’ troubled debt restructurings to
the same extent that other loan quality
and performance indicators can be
assessed. However, the Federal Reserve
notes that, under GAAP, troubled debt
restructurings do not include changes in
lease agreements 2 and therefore propose
to exclude leases from Schedule HC–C,
Memorandum item 1, and from
Schedule HC–N, Memorandum item 1,
and strike the phrase ‘‘and all other
leases’’ from the caption of these data
items.
Thus, the proposed breakdowns of
existing Memorandum item 1.b in both
Schedule HC–C and Schedule HC–N
would create new Memorandum items
in both schedules covering troubled
debt restructurings of 1–4 family
residential construction loans, Other
construction loans and all land
development and other land loans,
Loans secured by multifamily (5 or
more) residential properties, Loans
secured by owner-occupied nonfarm
nonresidential properties, Loans
secured by other nonfarm
nonresidential properties, Commercial
and industrial loans, and All other loans
and all leases (including loans to
individuals for household, family, and
2 Accounting Standards Codification paragraph
470–60–15–11.
VerDate Mar<15>2010
19:21 Nov 02, 2010
Jkt 223001
other personal expenditures). 3 If
restructured loans in any category of
loans, as defined in Schedule HC–C,
included in restructured, All other
loans, exceeds 10 percent of the amount
of restructured, All other loans, the
amount of restructured loans in this
category or categories would be
itemized and described.
Finally, Schedule HC–C,
Memorandum item 1, and Schedule
HC–N, Memorandum item 1, are
intended to capture data on loans that
have undergone troubled debt
restructurings as that term is defined in
GAAP. However, the captions of these
two Memorandum items include only
the term ‘‘restructured’’ rather than
explicitly mentioning troubled debt
restructurings, which has led to
questions about the scope of these
Memorandum items. Accordingly, the
Federal Reserve proposes to revise the
captions so that they clearly indicate
that the loans to be reported in Schedule
HC–C, Memorandum item 1, and
Schedule HC–N, Memorandum item 1,
are troubled debt restructurings.
A.2 Auto Loans
The Federal Reserve proposes to add
a breakdown of the other consumer
loans 4 or all other loans loan categories
contained in five separate schedules in
order to separately collect information
on auto loans. The affected schedules
would be Schedule HC–C, Loans and
Lease Financing Receivables; Schedule
HC–K, Quarterly Averages; Schedule
HC–N, Past Due and Nonaccrual Loans,
Leases, and Other Assets; Schedule HI,
Income Statement; and Schedule HI–B,
Part I, Charge-offs and Recoveries on
Loans and Leases. Auto loans would
include loans arising from retail sales of
passenger cars and other vehicles such
as minivans, vans, sport-utility vehicles,
pickup trucks, and similar light trucks
for personal use. This new loan category
would exclude loans to finance fleet
sales, personal cash loans secured by
automobiles already paid for, loans to
finance the purchase of commercial
vehicles and farm equipment, and lease
financing.
Automobile loans are a significant
consumer business for many large
BHCs. Because of the limited disclosure
of auto lending on existing regulatory
reports, supervisory oversight of auto
3 For BHCs with foreign offices, the Memorandum
items for restructured real estate loans would cover
such loans in domestic offices. In addition, BHCs
would also provide a breakdown of restructured
commercial and industrial loans between U.S. and
non-U.S. addressees.
4 As described later in this notice, the other
consumer loans loan category is proposed to be
added to Schedule HC–K beginning March 31,
2011.
PO 00000
Frm 00042
Fmt 4703
Sfmt 4703
67723
lending is presently diminished by the
need to rely on the examination process
and public information sources that
provide overall market information but
not data on idiosyncratic risks.
Roughly 65 percent of new vehicle
sales and 40 percent of used vehicle
sales are funded with auto loans.
According to household surveys and
data on loan originations, commercial
banks are an important source of auto
loans. In 2008, this sector originated
approximately one-third of all auto
loans. Finance companies, both
independent and those affiliated with
auto manufacturers, originated a bit
more than one-third, while credit
unions originated a bit less than onequarter. In addition to originating auto
loans, some banks purchase auto loans
originated by other entities, which
suggests that commercial banks could be
the largest holder of auto loans.
Despite the importance of BHCs to the
auto loan market, the Federal Reserve
knows less about BHCs’ holdings of auto
loans than is known about finance
company, credit union, and savings
association holdings of these loans. All
nonbank depository institutions are
required to report auto loans on their
respective regulatory reports, including
savings associations, which originate
less than 5 percent of auto loans. On
their regulatory reports, credit unions
must provide not only the outstanding
amount of new and used auto loans, but
also the average interest rate and the
number of loans. In a monthly survey,
the Federal Reserve collects information
on the amount of auto loans held by
finance companies. As a consequence,
during the financial crisis when funds
were scarce for finance companies in
general and the finance companies
affiliated with automakers in particular,
a lack of data on auto loans at banks
hindered the Federal Reserve’s ability to
estimate the extent to which BHCs were
filling in the gap in auto lending left by
the finance companies.
Additional disclosure regarding
consolidated auto loans on the FR Y–9C
is especially important with the
implementation of the amendments to
Financial Accounting Standards Board
(FASB) Accounting Standards
Codification (ASC) Topics 860,
Transfers and Servicing, and 810,
Consolidations, resulting from
Accounting Standards Update (ASU)
No. 2009–16 5, and ASU No. 2009–17 6,
respectively. Until 2010, Schedule HC–
5 Formerly Statement of Financial Accounting
Standards (SFAS) No. 166, Accounting for Transfers
of Financial Assets (FAS 166).
6 Formerly SFAS No. 167, Amendments to FASB
Interpretation No. 46(R) (FAS 167).
E:\FR\FM\03NON1.SGM
03NON1
67724
Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices
jlentini on DSKJ8SOYB1PROD with NOTICES
S, Servicing, Securitization, and Asset
Sale Activities, had provided the best
supervisory information on auto lending
because it included a separate breakout
of securitized auto loans outstanding as
well as securitized auto loan
delinquencies and charge-offs. The
accounting changes brought about by
the amendments to ASC Topics 860 and
810, however, mean that if the auto loan
securitization vehicle is now required to
be consolidated, securitized auto
lending previously reported on
Schedule HC–S will be grouped as part
of other consumer loans or all other
loans on Schedules HC–C, HC–K, HC–
N, HI, and HI–B, Part I, which
diminishes supervisors’ ability to assess
auto loan exposures and performance.
Finally, separating auto lending from
other consumer loans will assist the
Federal Reserve in understanding
consumer lending activities at
individual institutions. When an
institution holds both auto loans and
other types of consumer loans (other
than credit cards, which are currently
reported separately), the current
combined reporting of these loans in the
FR Y–9C tends to mask any significant
differences that may exist in the
performance of these portfolios. For
example, a BHC could have a sizeable
auto loan portfolio with low loan losses,
but its other consumer lending, which
could consist primarily of unsecured
loans, could exhibit very high loss rates.
The current blending of these divergent
portfolios into a single loan category
makes it difficult to adequately monitor
consumer loan performance.
A.3 Commercial Mortgage Backed
Securities Issued or Guaranteed by U.S.
Government Agencies and Sponsored
Agencies
The Federal Reserve proposes to split
the existing data items on commercial
mortgage-backed securities (CMBS) in
Schedule HC–B, Securities, and
Schedule HC–D, Trading Assets and
Liabilities, to distinguish between
CMBS issued or guaranteed by U.S.
Government agencies and sponsored
agencies (collectively, U.S. Government
agencies) and those issued by others.
Until June 2009, information reported in
the FR Y–9C on mortgage-backed
securities (MBS) issued or guaranteed
by U.S. Government agencies included
both residential MBS and CMBS.
However, in June 2009 when BHCs
began to report information on CMBS
separately from residential MBS, data
was collected only for commercial
mortgage pass-through securities and for
other CMBS without regard to issuer or
guarantor. Thus, the Federal Reserve
was no longer able to identify all MBS
issued or guaranteed by U.S.
Government agencies.
U.S. Government agencies issue or
guarantee a significant volume of CMBS
that are backed by multifamily
residential properties. In the fourth
quarter of 2009, out of a total of $854
billion in commercial and multifamily
loans that were securitized, loan pools
issued or guaranteed by U.S.
Government agencies accounted for 19
percent or $164 billion. These pools
present a substantially different risk
profile than privately issued CMBS, but
current reporting does not allow for the
identification of bank holdings of CMBS
issued or guaranteed by U.S.
Government agencies. In addition,
because CMBS issued or guaranteed by
U.S. Government agencies are accorded
lower risk weights than CMBS issued by
others, banks generally should have the
information necessary to separately
report these two categories of CMBS in
the proposed new data items in
Schedules HC–B and HC–D.
Thus, in Schedule HC–B, the Federal
Reserve proposes to split both data item
4.c.(1), Commercial mortgage passthrough securities, and data item 4.c.(2),
Other commercial MBS, into separate
data items for those issued or
guaranteed by U.S. Government
agencies (new data items 4.c.(1)(a) and
4.c.(2)(a)) and all other CMBS (new data
items 4.c.(1)(b) and 4.c.(2)(b)). Similarly,
in Schedule HC–D, existing data item
4.d, Commercial MBS, would be split
into separate data items for CMBS
issued or guaranteed by U.S.
Government agencies (data item 4.d.(1))
and all other CMBS (data item 4.d.(2)).
A.4 Variable Interest Entities
In June 2009, the 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
banking organization or other company
determines when an entity that is
insufficiently capitalized or is not
controlled through voting or similar
rights, for example a VIE, should be
consolidated. For most banking
organizations, ASU Nos. 2009–16 and
2009–17 took effect January 1, 2010.
Under ASC Topic 810, as amended,
determining whether a BHC is required
to consolidate a VIE depends on a
qualitative analysis of whether that BHC
VerDate Mar<15>2010
19:21 Nov 02, 2010
Jkt 223001
PO 00000
Frm 00043
Fmt 4703
Sfmt 4703
has a ‘‘controlling financial interest’’ in
the VIE and is therefore the primary
beneficiary of the VIE. The analysis
focuses on the BHC’s power over and
interest in the VIE. With the removal of
the QSPE concept from GAAP that was
brought about in amended ASC Topic
860, a BHC 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, BHCs
began to consolidate certain previously
off-balance-sheet securitization vehicles,
asset-backed commercial paper
conduits, and other structures. Going
forward, BHCs 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, BHCs must
continually reassess whether they are
the primary beneficiary of VIEs in
which they have variable interests.
For those VIEs that banks must
consolidate, the Federal Reserve’s FR Y–
9C instructional guidance advises
institutions to report the assets and
liabilities of these VIEs on the balance
sheet (Schedule HC) in the category
appropriate to the asset or liability.
However, ASC paragraph 810–10–45–
25 7 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.’’ 8 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
7 Formerly paragraph 22A of FIN 46(R), as
amended by FAS 167.
8 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/f3a70ca28d9f8210
VgnVCM200000bb42f00aRCRD.htm).
E:\FR\FM\03NON1.SGM
03NON1
jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices
associated risks in a variable interest
entity.’’ 9 The Federal Reserve concurs
that separate presentation would
provide similar benefits to them and
other FR Y–9C users, particularly since
data on securitized assets that are
reconsolidated is no longer reported on
Schedule HC–S, Servicing,
Securitization, and Asset Sale
Activities.
Consistent with the presentation
requirements discussed above, the
Federal Reserve proposes to add a new
Schedule HC–V, Variable Interest
Entities, to the FR Y–9C in which BHCs
would 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 reporting BHC. The
following proposed categories for these
assets and liabilities would include
some of the same categories presented
on the balance sheet (Schedule HC): (1)
Cash and balances due from depository
institutions, (2) Held-to-maturity
securities, (3) Available-for-sale
securities, (4) Securities purchased
under agreements to resell, (5) Loans
and leases held for sale, (6) Loans and
leases, net of unearned income, (7) Less:
Allowance for loan and lease losses, (8)
Trading assets (other than derivatives),
(9) Derivative assets, (10) Other real
estate owned, (11) Other assets, (12)
Securities sold under agreements to
repurchase, (13) Derivative liabilities,
(14) Other borrowed money (other than
commercial paper), (15) Commercial
paper, and (16) 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 Reserve
proposes to include two separate data
items in new Schedule HC–V in which
BHCs would report the total amounts of
all other assets and all other liabilities
of consolidated VIEs (i.e., all assets of
consolidated VIEs that are not dedicated
solely to settling obligations of the VIE
and all liabilities of consolidated VIEs
for which creditors have recourse to the
general credit of the reporting BHC).
The collection of this information
would help the Federal Reserve
understand the total magnitude of
consolidated VIEs. These assets and
liabilities would also be reported
separately for securitization trusts,
asset-backed commercial paper
conduits, and other VIEs. The asset and
liability information collected in
Schedule HC–V would represent
9 See
paragraphs A80 and A81 of FAS 167.
VerDate Mar<15>2010
19:21 Nov 02, 2010
Jkt 223001
amounts included in the reporting
BHC’s consolidated assets and liabilities
reported on Schedule HC, Balance
Sheet, i.e., after eliminating
intercompany transactions.
A.5 Assets Covered by FDIC LossSharing Agreements
In March 2010, the banking agencies
added a four-way breakdown of assets
covered by loss-sharing agreements with
the FDIC to Call Report Schedule RC–
M, Memoranda (and a comparable fourway breakdown was added to FR Y–9C
Schedule HC–M, Memoranda). FR Y–9C
data items 6.a through 6.d collect data
on covered loans and leases, other real
estate owned, debt securities, and other
assets. 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
data 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.
The changes suggested by the ABA
included revising Call Report Schedule
RC–M by replacing the two data items
for covered loans and leases and
covered other real estate owned with
separate breakdowns of these assets by
loan category and real estate category.
The ABA also suggested revising
existing data items 10 and 10.a in
Schedule RC–N, Past Due and
Nonaccrual Loans, Leases, and Other
Assets, which collect data on past due
and nonaccrual loans and leases that are
wholly or partially guaranteed by the
U.S. Government, including the FDIC.
The ABA recommended that the
reporting of these past due and
nonaccrual loans and leases be
segregated into separate data items for
loans and leases covered by FDIC losssharing agreements and loans and leases
with other U.S. Government guarantees.
After reviewing the ABA’s
recommendations, the Federal Reserve
proposes to make substantively similar
PO 00000
Frm 00044
Fmt 4703
Sfmt 4703
67725
revisions to the FR Y–9C. Thus, the
Federal Reserve proposes to create a
breakdown of Schedule HC–M, data
item 6.a, covered Loans and leases, that
would include each category of Loans
secured by real estate (in domestic
offices) from Schedule HC–C, Loans to
finance agricultural production and
other loans to farmers, Commercial and
industrial loans, Credit cards, Other
consumer loans, and All other loans and
all leases. If any category of loans or
leases, as defined in Schedule HC–C,
included in covered All other loans and
all leases exceeds 10 percent of total
covered loans and leases, the amount of
covered loans or leases in that category
or categories must be itemized and
described. Similarly, the Federal
Reserve proposes to create a breakdown
of Schedule HC–M, data item 6.b,
covered Other real estate owned, into
the following categories: Construction,
land development, and other land,
Farmland, 1–4 family residential
properties, Multifamily (5 or more)
residential properties, and Nonfarm
nonresidential properties. BHCs would
also report the guaranteed portion of the
total amount of covered other real estate
owned. In Schedule HC–N, as suggested
by the ABA for the Call Report, the
Federal Reserve proposes to remove
loans and leases covered by FDIC losssharing agreements from the scope of
existing data items 11 and 11.a on past
due and nonaccrual loans wholly or
partially guaranteed by the U.S.
Government. Past due and nonaccrual
covered loans and leases would then be
collected in new data item 12, which
would include a breakdown of these
loans and leases using the same
categories as in proposed revised data
item 6.a of Schedule HC–M.
A.6 Life Insurance Assets
BHCs 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. BHCs
currently report the aggregate amount of
their life insurance assets in data item
5 of Schedule HC–F, Other Assets,
without regard to whether their
holdings are general account or separate
account policies.
Many BHCs have BOLI assets, and the
distinction between those life insurance
policies that represent general account
products and 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
E:\FR\FM\03NON1.SGM
03NON1
67726
Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices
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 BHCs 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 Federal Reserve to
track BHCs’ 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 Federal Reserve
proposes to split data item 5 of
Schedule HC–F into two data items:
data item 5.a, General account life
insurance assets, and data item 5.b,
Separate account life insurance assets.
jlentini on DSKJ8SOYB1PROD with NOTICES
A.7 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 a BHC to its captive insurer, and
claims paid back to the BHC by the
captive, are transacted on an
intercompany basis, so there is no
evidence of this type of self-insurance
activity when a BHC prepares
consolidated financial statements,
including its FR Y–9C. The cash flows
for a captive reinsurer’s transactions
also are not transparent in a BHC’s
consolidated financial statements.
A number of BHCs own captive
insurers or reinsurers, several of which
were authorized to operate more than 10
years ago. Some of the most common
lines of business underwritten by BHC
captive insurers are credit life, accident
and health, and disability insurance and
employee benefits coverage.
Additionally, BHC captive reinsurance
subsidiaries may underwrite private
VerDate Mar<15>2010
19:21 Nov 02, 2010
Jkt 223001
mortgage guaranty reinsurance or
terrorism risk reinsurance.
As part of their supervisory processes,
the Federal Reserve has been following
the proliferation of BHC 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 BHC from the activities of these
subsidiaries.
The Federal Reserve proposes to
collect two new data items in Schedule
HC–M, Memoranda, for captive
insurance subsidiaries operated by
BHCs: Data item 7.a, Total assets of
captive insurance subsidiaries, and data
item 7.b, Total assets of captive
reinsurance subsidiaries. These new
data items are not expected to be
applicable to the vast majority of BHCs.
When reporting the total assets of these
captive subsidiaries in the proposed
new data items, BHCs should measure
the subsidiaries’ total assets before
eliminating intercompany transactions
between the consolidated subsidiary
and other offices or subsidiaries of the
consolidated BHC.
A.8 Credit and Debit Valuation
Adjustments Included in Trading
Revenues
BHCs that reported average trading
assets of $2 million or more for any
quarter of the preceding calendar year
provide a breakdown of trading revenue
by type of exposure in Memorandum
items 9.a through 9.e of Schedule HI,
Income Statement. These revenue data
items are reported net of credit
adjustments made to the fair value of
BHCs’ derivative assets and liabilities
that are reported as trading assets and
liabilities.
There are two forms of credit
adjustments that affect the valuation of
derivatives held for trading and trading
revenue. The first is the credit valuation
adjustment (CVA), which is the
discounted value of expected losses on
a BHC’s derivative assets due to changes
in the creditworthiness of the BHC’s
derivative counterparties and future
exposures to those counterparties. In
contrast, the debit valuation adjustment
(DVA) reflects the effect of changes in
the BHC’s own creditworthiness on its
derivative liabilities. During the
financial crisis, the recognition of both
the CVA and the DVA had a material
affect on overall trading revenues.
Because of their potential materiality,
information on these two adjustments is
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
needed in order for the Federal Reserve
to better understand the level and trend
of BHCs’ trading revenues.
The Federal Reserve therefore
proposes to add two new Memorandum
items to the existing Schedule HI
Memorandum items for trading revenue.
In new Memorandum item 9.f, BHCs
would report the Impact on trading
revenue of changes in the
creditworthiness of the bank holding
company’s derivatives counterparties on
the bank holding company’s derivative
assets (included in Memorandum items
9.a through 9.e above). In new
Memorandum item 9.g., BHCs would
report the Impact on trading revenue of
changes in the creditworthiness of the
bank holding company on the bank
holding company’s derivative liabilities
(included in Memorandum items 9.a
through 9.e above). Because derivatives
held for trading are heavily
concentrated in the very largest BHCs,
these new data items would be reported
only by BHCs with $100 billion or more
in total assets.
A.9 Instructional Revisions
1. Construction Loans:
BHCs report the amount of their
Construction, land development, and
other land loans in the appropriate loan
subcategory of Schedule HC–C, data
item 1.a. Questions have arisen about
the reporting treatment for a
Construction, land development, and
other land loan that was not originated
as a ‘‘combination constructionpermanent loan,’’ but was originated
with the expectation that repayment
would come from the sale of the real
estate, when the BHC changes the loan’s
terms so that principal amortization is
required. This may occur after
completion of construction when the
BHC renews or refinances the existing
loan or enters into a new real estate loan
with the original borrower. The Federal
Reserve believes that as long as the
repayment of a loan that was originally
categorized as a Construction, land
development, and other land loan
remains dependent on the sale of the
real property, the loan should continue
to be reported in the appropriate
subcategory of data item 1.a of Schedule
HC–C because it continues to exhibit the
risk characteristics of a construction
loan.
The instructions for Schedule HC–C,
data item 1.a, state that:
Loans written as combination constructionpermanent loans secured by real estate
should be reported in this item until
construction is completed or principal
amortization payments begin, whichever
comes first. When the first of these events
occurs, the loans should begin to be reported
E:\FR\FM\03NON1.SGM
03NON1
Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices
jlentini on DSKJ8SOYB1PROD with NOTICES
in the real estate loan category in Schedule
HC–C, data item 1, appropriate to the real
estate collateral. All other construction loans
secured by real estate should continue to be
reported in this item after construction is
completed unless and until (1) the loan is
refinanced into a new permanent loan by the
reporting bank holding company or is
otherwise repaid, (2) the bank holding
company acquires or otherwise obtains
physical possession of the underlying
collateral in full satisfaction of the debt, or
(3) the loan is charged off.
A combination constructionpermanent loan results when the lender
enters into a contractual agreement with
the original borrower at the time the
construction loan is originated to also
provide the original borrower with
permanent financing that amortizes
principal after construction is
completed and a certificate of
occupancy is obtained (if applicable).
This construction-permanent loan
structure is intended to apply to
situations where, at the time the
construction loan is originated, the
original borrower:
• Is expected to be the owneroccupant of the property upon
completion of construction and in
receipt of a certificate of occupancy (if
applicable), for example, where the
financing is being provided to the
original borrower for the construction
and permanent financing of the
borrower’s residence or place of
business or
• Is not expected to be the owneroccupant of the property, but repayment
of the permanent loan will be derived
from rental income associated with the
property being constructed after receipt
of a certificate of occupancy (if
applicable) rather than from the sale of
the property being constructed.
For a loan not written as a
combination construction-permanent
loan at the time the construction loan
was originated, the Federal Reserve
proposes to clarify the instructional
language quoted above stating that ‘‘[a]ll
other construction loans secured by real
estate should continue to be reported in
this item after construction is completed
unless and until * * * the loan is
refinanced into a new permanent loan
by the reporting bank holding
company.’’ This clarification is intended
to ensure the appropriate categorization
of such a loan in Schedule HC–C. Thus,
the Federal Reserve proposes to revise
the instructions for Schedule HC–C,
data item 1.a, to explain that the phrase
‘‘the loan is refinanced into a new
permanent loan’’ refers to:
• An amortizing permanent loan to a
new borrower (unrelated to the original
borrower) who has purchased the real
property or
VerDate Mar<15>2010
19:21 Nov 02, 2010
Jkt 223001
• A prudently underwritten new
amortizing permanent loan at market
terms to the original borrower—
including an appropriate interest rate,
maturity, and loan-to-value ratio—that
is no longer dependent on the sale of the
property for repayment. The loan
should have a clearly identified ongoing
source of repayment sufficient to service
the required principal and interest
payments over a reasonable and
customary period relative to the type of
property securing the new loan. A new
loan to the original borrower not
meeting these criteria (including a new
loan on interest-only terms or a new
loan with a short-term balloon maturity
that is inconsistent with the ongoing
source of repayment criterion) should
continue to be reported as a
‘‘Construction, land development, and
other land loan’’ in the appropriate
subcategory of Schedule HC–C, data
item 1.a.
2. Revisions Related to 1–4 Family
Residential Mortgages Held for Trading
in Schedule HC–P
The Federal Reserve began collecting
information in Schedule HC–P, 1–4
Family Residential Mortgage Banking
Activities in Domestic Offices, in
September 2006. At that time, the
instructions for Schedule HC–C, Loans
and Lease Financing Receivables, were
written to indicate that loans generally
could not be classified as held for
trading. Therefore, all 1–4 family
residential mortgage loans designated as
held for sale were reportable in
Schedule HC–P. In March 2008, the
Federal Reserve provided instructional
guidance establishing conditions under
which BHCs were permitted to classify
certain assets (e.g., loans) as trading and
specified that loans classified as trading
assets should be excluded from
Schedule HC–C, Loans and Lease
Financing Receivables, and reported
instead in Schedule HC–D, Trading
Assets and Liabilities (if the reporting
threshold for this schedule were met).
However, the Federal Reserve neglected
to address the reporting treatment on
Schedule HC–P of 1–4 family residential
loans that met the conditions for
classification as trading assets.
Therefore, the Federal Reserve proposes
to correct this by providing explicit
instructional guidance that all 1–4
family residential mortgage banking
activities, whether held for sale or
trading purposes, are reportable on
Schedule HC–P.
PO 00000
Frm 00046
Fmt 4703
Sfmt 4703
67727
3. Maturity and Repricing Data for
Assets and Liabilities at Contractual
Ceilings and Floors
BHCs report maturity and repricing
data for debt securities (not held for
trading) in Schedule HC–B, Securities.
The Federal Reserve uses these data to
assess, at a broad level, a BHC’s
exposure to interest rate risk. The
instructions for reporting the maturity
and repricing data currently require that
when the interest rate on a floating rate
instrument has reached a contractual
floor or ceiling level, which is a form of
embedded option, the instrument is to
be treated as fixed rate rather than
floating rate until the rate is again free
to float. As a result, a floating rate
instrument whose interest rate has
fallen to its floor or risen to its ceiling
is reported based on the time remaining
until its contractual maturity date rather
than the time remaining until the next
interest rate adjustment date (or the
contractual maturity date, if earlier).
This reporting treatment is designed to
capture the potential effect of the
embedded option under particular
interest rate scenarios.
The ABA has requested that the
Federal Reserve reconsider the reporting
treatment for floating rate instruments
with contractual floors and ceilings.
More specifically, the ABA has
recommended that the instructions be
revised so that floating rate instruments
would always be reporting based on the
time remaining until the next interest
rate adjustment date without regard to
whether the rate on the instrument has
reached a contractual floor or ceiling.
The Federal Reserve agrees that an
instruction revision is warranted, but
the extent of the revision should be
narrower than recommended by the
ABA. The Federal Reserve believes that
when a floating rate instrument is at its
contractual floor or ceiling and the
embedded option has intrinsic value to
the BHC, the floor or ceiling should be
ignored and the instrument should be
treated as a floating rate instrument.
However, if the embedded option has
intrinsic value to the BHC’s
counterparty, the contractual floor or
ceiling should continue to be taken into
account and the instrument should be
treated as a fixed rate instrument. For
example, when the interest rate on a
floating rate loan reaches its contractual
ceiling, the embedded option
represented by the ceiling has intrinsic
value to the borrower and is a detriment
to the BHC because the loan’s yield to
the BHC is lower than what it would
have been without the ceiling. When the
interest rate on a floating rate loan
reaches its contractual floor, the
E:\FR\FM\03NON1.SGM
03NON1
67728
Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices
embedded option represented by the
floor has intrinsic value to the BHC and
is a benefit to the BHC because the
loan’s yield to the BHC is higher than
what it would have been without the
floor.
Accordingly, the Federal Reserve
proposes to revise the instructions for
reporting maturity and repricing data in
Schedule HC–B. As revised, the
instructions would indicate that a
floating rate asset that has reached its
contractual ceiling and a floating rate
liability that has reached its contractual
floor would be treated as a fixed rate
instrument and reported based on the
time remaining until its contractual
maturity date. In contrast, the
instructions would state that a floating
rate asset that has reached its
contractual floor and a floating rate
liability that has reached its contractual
ceiling would be treated as a floating
rate instrument and reported based on
the time remaining until the next
interest rate adjustment date (or the
contractual maturity date, if earlier).
jlentini on DSKJ8SOYB1PROD with NOTICES
B. Proposed Revisions Not Related to
Call Report Revisions
The Federal Reserve proposes to make
the following revisions to the FR Y–9C
effective as of March 31, 2011. These
proposed revisions are not related to the
revisions proposed to the Call Report.
B.1 Expanding Information Collected
on Schedule HC–K, Quarterly Averages
The Federal Reserve proposes to
expand the information collected on
Schedule HC–K, Quarterly Averages, to
collect more detailed breakdowns on
securities and loan portfolios, consistent
with information currently reported by
commercial banks on Call Report
Schedule RC–K, Quarterly Averages.
Specifically, Schedule HC–K, data item
2, Securities, would be broken out to
provide information on (1) U.S.
Treasury securities and U.S.
Government agency obligations
(excluding mortgage-backed securities),
(2) Mortgage-backed securities, and (3)
All other securities. Also, new loan
categories would be added to Schedule
HC–K, data item 6, Loans, to provide
information on (1) Loans to finance
agricultural production and other loans
to farmers, (2) Commercial and
industrial loans, and (3) Loans to
individuals for household, family, and
other personal expenditures, with a
breakdown of (a) Credit cards, (b) Auto
loans, and (c) Other.
A more granular breakdown on
securities and loan portfolios would
facilitate analysis when the value or size
of a firm’s assets has changed or
fluctuated over a quarter, particularly
VerDate Mar<15>2010
19:21 Nov 02, 2010
Jkt 223001
when used to calculate net charge-off,
growth, and return on average asset
rates. Disclosure of this information
would also be consistent with firms’
public Securities and Exchange
Commission (SEC) filings, where net
charge-off rates by product type are
calculated using quarterly average
balances.
Proposed Revisions—FR Y–9LP
The Federal Reserve proposes to make
the following revision to the FR Y–9LP
effective as of March 31, 2011.
Troubled Debt Restructurings
To be consistent with revisions
proposed for the FR Y–9C, the Federal
Reserve proposes to modify the
instructions for Schedule PC–B—
Memoranda item 8, Loans and leases of
the parent restructured in compliance
with modified terms, to clearly indicate
that the loans to be reported in this data
item should be troubled debt
restructurings and to exclude leases.
Also the phrase ‘‘and leases’’ would be
stricken from the caption of this data
item. Under GAAP, troubled debt
restructurings do not include changes in
lease agreements. Also consistent with
the proposed change to the FR Y–9C,
the Federal Reserve proposes to revise
the instructions for this data item to
include (currently excluded) loans to
individuals for household, family, and
other personal expenditures and all
loans secured by 1–4 family residential
properties whose terms have been
modified in troubled debt
restructurings.
2. Report title: Financial Statements
for Nonbank Subsidiaries of U.S. Bank
Holding Companies.
Agency form number: FR Y–11.
OMB control number: 7100–0244.
Frequency: Quarterly and annually.
Reporters: Bank holding companies.
Annual reporting hours: FR Y–11
(quarterly): 15,966; FR Y–11 (annual):
2,768.
Estimated average hours per response:
FR Y–11 (quarterly): 6.80; FR Y–11
(annual): 6.80.
Number of respondents: FR Y–11
(quarterly): 587; FR Y–11 (annual): 407.
General description of report: This
information collection is mandatory (12
U.S.C. 1844(c)). Confidential treatment
is not routinely given to the data in
these reports. However, confidential
treatment for the reporting information,
in whole or in part, can be requested in
accordance with the instructions to the
form, pursuant to sections (b)(4), (b)(6)
and (b)(8) of the Freedom of Information
Act [5 U.S.C. 522(b)(4), (b)(6) and (b)(8)].
Abstract: The FR Y–11 reports collect
financial information for individual
PO 00000
Frm 00047
Fmt 4703
Sfmt 4703
non-functionally regulated U.S.
nonbank subsidiaries of domestic bank
holding companies (BHCs). BHCs file
the FR Y–11 on a quarterly or annual
basis according to filing criteria. The FR
Y–11 data are used with other BHC data
to assess the condition of BHCs that are
heavily engaged in nonbanking
activities and to monitor the volume,
nature, and condition of their
nonbanking operations.
Current Actions: The Federal Reserve
proposes to revise the FR Y–11
reporting form and instructions to
clarify the reporting of the net change in
fair values of financial instruments
accounted for under a fair value option.
The Federal Reserve proposes to revise
the item caption for Schedule IS,
Income Statement, Memorandum item
2, Net change in fair values of financial
instruments accounted for under a fair
value option, by adding the
parenthetical (included in items 5.a.(3),
5.a.(6), 5.a.(10) and 5.b. above).
Schedule IS, Memoranda item 2
instructions currently state that
respondents only include net change in
fair value included in noninterest
income from nonrelated organizations.
However, respondents should also
include the net change in fair value
included in trading revenue, net
servicing fees, and other noninterest
income from nonrelated and related
organizations. The Federal Reserve
would also make the corresponding
instructional revision.
To be consistent with revisions
proposed to the FR Y–9C, the Federal
Reserve also proposes to clarify the
caption for Schedule BS–A, Loans and
Lease Financing Receivables, data item
7.d, Restructured loans and leases, to
clearly indicate that the loans to be
reported in this item should be troubled
debt restructurings and to exclude
leases. Under generally accepted
accounting principles, troubled debt
restructurings do not include changes in
lease agreements. Also consistent with
the proposed change to the FR Y–9C,
The Federal Reserve proposes to revise
the instructions for this item to include
(currently excluded) loans to
individuals for household, family, and
other personal expenditures, and all
loans secured by 1–4 family residential
properties whose terms have been
modified in troubled debt
restructurings. These revisions would be
effective as of March 31, 2011.
3. Report title: Financial Statements of
Foreign Subsidiaries of U.S. Banking
Organizations.
Agency form number: FR 2314.
OMB control number: 7100–0073.
Frequency: Quarterly and annually.
E:\FR\FM\03NON1.SGM
03NON1
jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices
Reporters: Foreign subsidiaries of U.S.
state member banks, bank holding
companies, and Edge or agreement
corporations.
Annual reporting hours: FR 2314
(quarterly): 16,394; FR 2314 (annual):
3,379.
Estimated average hours per response:
FR 2314 (quarterly): 6.60; FR 2314
(annual): 6.60.
Number of respondents: FR 2314
(quarterly): 621; FR 2314 (annual): 512.
General description of report: This
information collection is mandatory (12
U.S.C. 324, 602, 625, and 1844(c)).
Confidential treatment is not routinely
given to the data in these reports.
However, confidential treatment for the
reporting information, in whole or in
part, can be requested in accordance
with the instructions to the form,
pursuant to sections (b)(4), (b)(6) and
(b)(8) of the Freedom of Information Act
[5 U.S.C. 522(b)(4) (b)(6) and (b)(8)].
Abstract: The FR 2314 reports collect
financial information for nonfunctionally regulated direct or indirect
foreign subsidiaries of U.S. state
member banks (SMBs), Edge and
agreement corporations, and BHCs.
Parent organizations (SMBs, Edge and
agreement corporations, or BHCs) file
the FR 2314 on a quarterly or annual
basis according to filing criteria. The FR
2314 data are used to identify current
and potential problems at the foreign
subsidiaries of U.S. parent companies,
to monitor the activities of U.S. banking
organizations in specific countries, and
to develop a better understanding of
activities within the industry, in
general, and of individual institutions,
in particular.
Current actions: The Federal Reserve
proposes to revise the FR 2314 reporting
form and instructions to clarify the
reporting of the net change in fair values
of financial instruments accounted for
under a fair value option. The Federal
Reserve proposes to revise the item
caption for Schedule IS, Income
Statement, Memorandum item 2, Net
change in fair values of financial
instruments accounted for under a fair
value option, by adding the
parenthetical (included in items 5.a.(3),
5.a.(6), 5.a.(10) and 5.b. above).
Schedule IS, Memoranda item 2
instructions currently state that
respondents only include net change in
fair value included in noninterest
income from nonrelated organizations.
However, respondents should also
include the net change in fair value
included in trading revenue, net
servicing fees, and other noninterest
income from nonrelated and related
organizations. The Federal Reserve
VerDate Mar<15>2010
19:21 Nov 02, 2010
Jkt 223001
would also make the corresponding
instructional revision.
To be consistent with revisions
proposed to the FR Y–9C, the Federal
Reserve also proposes to clarify the
caption for Schedule BS–A, Loans and
Lease Financing Receivables, data item
7.d, Restructured loans and leases, to
clearly indicate that the loans to be
reported in this item should be troubled
debt restructurings and to exclude
leases. Under generally accepted
accounting principles, troubled debt
restructurings do not include changes in
lease agreements. Also consistent with
the proposed change to the FR Y–9C,
The Federal Reserve proposes to revise
the instructions for this item to include
(currently excluded) loans to
individuals for household, family, and
other personal expenditures, and all
loans secured by 1–4 family residential
properties whose terms have been
modified in troubled debt
restructurings. These revisions would be
effective as of March 31, 2011.
4. Report title: Financial Statements of
U.S. Nonbank Subsidiaries Held by
Foreign Banking Organizations.
Agency form number: FR Y–7N.
OMB control number: 7100–0125.
Frequency: Quarterly and annually.
Reporters: Foreign banking
organizations (FBOs).
Annual reporting hours: FR Y–7N
(quarterly): 4,978; FR Y–7N (annual):
1,299.
Estimated average hours per response:
FR Y–7N (quarterly): 6.80; FR Y–7N
(annual): 6.80.
Number of respondents: FR Y–7N
(quarterly): 183; FR Y–7N (annual): 191.
General description of report: This
information collection is mandatory (12
U.S.C. 1844(c), 3106(c), and 3108).
Confidential treatment is not routinely
given to the data in these reports.
However, confidential treatment for
information, in whole or in part, on any
of the reporting forms can be requested
in accordance with the instructions to
the form, pursuant to sections (b)(4) and
(b)(6) of the Freedom of Information Act
[5 U.S.C. 522(b)(4) and (b)(6)].
Abstract: The FR Y–7N collects
financial information for nonfunctionally regulated U.S. nonbank
subsidiaries held by FBOs other than
through a U.S. bank holding company
(BHC), U.S. financial holding company
(FHC) or U.S. bank. FBOs file the FR Y–
7N on a quarterly or annual basis.
Current actions: The Federal Reserve
proposes to revise the FR Y–7N
reporting form and instructions to
clarify the reporting of the net change in
fair values of financial instruments
accounted for under a fair value option.
The Federal Reserve proposes to revise
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
67729
the item caption for Schedule IS,
Income Statement, Memoranda item 1,
Net change in fair values of financial
instruments accounted for under a fair
value option, by adding the
parenthetical (included in items 5.a.(3),
5.a.(6), 5.a.(10) and 5.b. above).
Schedule IS, Memoranda item 1,
instructions currently state that
respondents only include net change in
fair value included in noninterest
income from nonrelated organizations.
However, respondents should include
the net change in fair value included in
trading revenue, net servicing fees, and
other noninterest income from
nonrelated and related organizations.
The Federal Reserve would also make
the corresponding instructional
revision.
To be consistent with revisions
proposed to the FR Y–9C, the Federal
Reserve also proposes to clarify the
caption for Schedule BS–A, Loans and
Lease Financing Receivables, data item
7.d, Restructured loans and leases, to
clearly indicate that the loans to be
reported in this data item should be
troubled debt restructurings and to
exclude leases. Under generally
accepted accounting principles,
troubled debt restructurings do not
include changes in lease agreements.
Also consistent with the proposed
change to the FR Y–9C, The Federal
Reserve proposes to revise the
instructions for this item to include
(currently excluded) loans to
individuals for household, family, and
other personal expenditures, and all
loans secured by 1–4 family residential
properties whose terms have been
modified in troubled debt
restructurings. These revisions would be
effective as of March 31, 2011.
5. Report title: Consolidated Report of
Condition and Income for Edge and
Agreement Corporations.
Agency form number: FR 2886b.
OMB control number: 7100–0086.
Frequency: Quarterly.
Reporters: Edge and agreement
corporations.
Annual reporting hours: 1,679.
Estimated average hours per response:
15.15 banking corporations, 9.60
investment corporations.
Number of respondents: 13 banking
corporations, 42 investment
corporations.
General description of report: This
information collection is mandatory (12
U.S.C. 602 and 625). Schedules RC–M
(with the exception of item 3) and RC–
V are held as confidential pursuant to
section (b)(4) of the Freedom of
Information Act (5 U.S.C. 552 (b)(4)).
Abstract: The mandatory FR 2886b
comprises a balance sheet, income
E:\FR\FM\03NON1.SGM
03NON1
jlentini on DSKJ8SOYB1PROD with NOTICES
67730
Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices
statement, two schedules reconciling
changes in capital and reserve accounts,
and 11 supporting schedules and it
parallels the Consolidated Reports of
Condition and Income (Call Report)
(FFIEC 031 and FFIEC 041; OMB No.
7100–0036) that commercial banks file.
The Federal Reserve uses the data
collected on the FR 2886b to supervise
Edge corporations, identify present and
potential problems, and monitor and
develop a better understanding of
activities within the industry.
Current actions: The Federal Reserve
proposes to revise the FR 2886b
reporting form and instructions to
clarify the reporting of the net change in
fair values of financial instruments
accounted for under a fair value option.
The Federal Reserve proposes to revise
the item caption for Schedule RI,
Income Statement, Memoranda item 1,
Net change in fair values of financial
instruments accounted for under a fair
value option, by changing the
parenthetical from (included in item
5.a.(6) above) to (included in items
5.a.(6) and 5.b. above). Schedule RI,
Memoranda item 1 currently states that
respondents only include net change in
fair value included in noninterest
income from nonrelated organizations.
However, respondents may elect to
apply the fair value option to
instruments with nonrelated and related
organizations. The Federal Reserve
would also make the corresponding
instructional revision.
To be consistent with revisions
proposed for the FR Y–9C, the Federal
Reserve also proposes to revise the
caption for Schedule RC–N, Past Due
and Nonaccrual Loans, Leases, and
Other Assets, Memorandum item 1,
Restructured loans and leases, to clearly
indicate that the loans to be reported in
this item should be troubled debt
restructurings and to exclude leases.
Under generally accepted accounting
principles, troubled debt restructurings
do not include changes in lease
agreements. Also consistent with the
proposed change to the FR Y–9C, the
Federal Reserve proposes to revise the
instructions for this item to include
(currently excluded) loans to
individuals for household, family, and
other personal expenditures, and all
loans secured by 1–4 family residential
properties whose terms have been
modified in troubled debt
restructurings. These revisions would be
effective as of March 31, 2011.
Proposal to approve under OMB
delegated authority the extension for
three years, without revision of the
following reports:
1. Report title: Financial Statements
for Bank Holding Companies.
VerDate Mar<15>2010
19:21 Nov 02, 2010
Jkt 223001
Agency form number: FR Y–9SP, FR
Y–9ES, and FR Y–9CS.
OMB control number: 7100–0128.
Frequency: Quarterly and annually.
Reporters: Bank holding companies.
Annual reporting hours: FR Y–9SP:
45,209; FR Y–9ES: 44; FR Y–9CS: 400.
Estimated average hours per response:
FR Y–9SP: 5.40; FR Y–9ES: 30 minutes;
FR Y–9CS: 30 minutes.
Number of respondents: FR Y–9SP:
4,186; FR Y–9ES: 87; FR Y–9CS: 200.
General description of report: This
information collection is mandatory (12
U.S.C. 1844(c)). Confidential treatment
is not routinely given to the data in
these reports. However, confidential
treatment for the reporting information,
in whole or in part, can be requested in
accordance with the instructions to the
form, pursuant to sections (b)(4) and
(b)(6) of the Freedom of Information Act
(5 U.S.C. 522(b)(4), (b)(6)).
Abstract: The FR Y–9SP is a parent
company only financial statement filed
by smaller BHCs. Respondents include
BHCs with total consolidated assets of
less than $500 million. This form is a
simplified or abbreviated version of the
more extensive parent company only
financial statement for large BHCs (FR
Y–9LP). This report is designed to
obtain basic balance sheet and income
information for the parent company,
information on intangible assets, and
information on intercompany
transactions.
The FR Y–9ES collects financial
information from ESOPs that are also
BHCs on their benefit plan activities. It
consists of four schedules: Statement of
Changes in Net Assets Available for
Benefits, Statement of Net Assets
Available for Benefits, Memoranda, and
Notes to the Financial Statements. The
FR Y–9CS is a supplemental report that
may be utilized to collect additional
information deemed to be critical and
needed in an expedited manner from
BHCs. The information is used to assess
and monitor emerging issues related to
BHCs. It is intended to supplement the
FR Y–9 reports, which are used to
monitor BHCs between on-site
inspections. The data items of
information included on the
supplement may change as needed.
2. Report title: Abbreviated Financial
Statements of U.S. Nonbank
Subsidiaries of U.S. Bank Holding
Companies.
Agency form number: FR Y–11S.
OMB control number: 7100–0244.
Frequency: Annually.
Reporters: Bank holding companies.
Annual reporting hours: 774.
Estimated average hours per response:
1.0.
Number of respondents: 774.
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
General description of report: This
information collection is mandatory (12
U.S.C. 1844(c)). Confidential treatment
is not routinely given to the data in
these reports. However, confidential
treatment for the reporting information,
in whole or in part, can be requested in
accordance with the instructions to the
form, pursuant to sections (b)(4), (b)(6)
and (b)(8) of the Freedom of Information
Act [5 U.S.C. 522(b)(4)].
Abstract: The FR Y–11S is an
abbreviated reporting form that collects
four data items: Net income, total assets,
equity capital, and total off-balancesheet data items. The FR Y–11S is filed
annually, as of December 31, by top-tier
BHCs for each individual nonbank
subsidiary (that does not meet the
criteria for filing the detailed report)
with total assets of at least $50 million,
but less than $250 million, or with total
assets greater than 1 percent of the total
consolidated assets of the top-tier
organization.
3. Report title: Abbreviated Financial
Statements of Foreign Subsidiaries of
U.S. Banking Organizations.
Agency form number: FR 2314S.
OMB control number: 7100–0073.
Frequency: Annually.
Reporters: U.S. state member banks,
bank holding companies, and Edge or
agreement corporations.
Annual reporting hours: 787.
Estimated average hours per response:
1.0.
Number of respondents: 787.
General description of report: This
information collection is mandatory (12
U.S.C. 324, 602, 625, and 1844(c)).
Confidential treatment is not routinely
given to the data in these reports.
However, confidential treatment for the
reporting information, in whole or in
part, can be requested in accordance
with the instructions to the form,
pursuant to sections (b)(4), (b)(6) and
(b)(8) of the Freedom of Information Act
[5 U.S.C. 522(b)(4), (b)(6) and (b)(8)].
Abstract: The FR 2314S is an
abbreviated reporting form that collects
four data items: Net income, total assets,
equity capital, and total off-balancesheet data items. The FR 2314S is filed
annually, as of December 31, for each
individual subsidiary (that does not
meet the criteria for filing the detailed
report) with assets of at least $50
million but less than $250 million, or
with total assets greater than 1 percent
of the total consolidated assets of the
top-tier organization.
4. Report title: Financial Reports of
Foreign Banking Organizations.
Agency form number: FR Y–7NS, FR
Y–7Q.
OMB control number: 7100–0125.
Frequency: Annually and quarterly.
E:\FR\FM\03NON1.SGM
03NON1
Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices
Reporters: Foreign banking
organizations (FBOs).
Annual reporting hours: FR Y–7NS:
237; FR Y–7Q (quarterly): 340; FR Y–7Q
(annual): 111.
Estimated average hours per response:
FR Y–7NS: 1.0; FR Y–7Q (quarterly):
1.25; FR Y–7Q (annual): 1.0.
Number of respondents: FR Y–7NS:
237; FR Y–7Q (quarterly): 68; FR Y–7Q
(annual): 111.
General description of report: This
information collection is mandatory (12
U.S.C. 1844(c), 3106(c), and 3108).
Confidential treatment is not routinely
given to the data in these reports.
However, confidential treatment for
information, in whole or in part, on any
of the reporting forms can be requested
in accordance with the instructions to
the form, pursuant to sections (b)(4) and
(b)(6) of the Freedom of Information Act
[5 U.S.C. 522(b)(4) and (b)(6)].
Abstract: The FR Y–7NS collect
financial information for nonfunctionally regulated U.S. nonbank
subsidiaries held by foreign banking
organizations (FBOs) other than through
a U.S. bank holding company (BHC),
U.S. financial holding company (FHC),
or U.S. bank. The FR Y–7NS is filed
annually, as of December 31, by top-tier
FBOs for each individual nonbank
subsidiary (that does not meet the filing
criteria for filing the detailed report)
with total assets of at least $50 million,
but less than $250 million. The FR Y–
7Q collects consolidated regulatory
capital information from all FBOs either
quarterly or annually. FBOs that have
effectively elected to become FHCs file
the FR Y–7Q quarterly. All other FBOs
(those that have not elected to become
FHCs) file the FR Y–7Q annually.
Board of Governors of the Federal Reserve
System, October 29, 2010.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 2010–27698 Filed 11–2–10; 8:45 am]
BILLING CODE 6210–01–P
FEDERAL RESERVE SYSTEM
jlentini on DSKJ8SOYB1PROD with NOTICES
Change in Bank Control Notices;
Acquisitions of Shares of a Bank or
Bank Holding Company
The notificants listed below have
applied under the Change in Bank
Control Act (12 U.S.C. 1817(j)) and
§ 225.41 of the Board’s Regulation Y (12
CFR 225.41) to acquire shares of a bank
or bank holding company. The factors
that are considered in acting on the
notices are set forth in paragraph 7 of
the Act (12 U.S.C. 1817(j)(7)).
The notices are available for
immediate inspection at the Federal
VerDate Mar<15>2010
19:21 Nov 02, 2010
Jkt 223001
Reserve Bank indicated. The notices
also will be available for inspection at
the offices of the Board of Governors.
Interested persons may express their
views in writing to the Reserve Bank
indicated for that notice or to the offices
of the Board of Governors. Comments
must be received not later than
November 16, 2010.
A. Federal Reserve Bank of Chicago
(Colette A. Fried, Assistant Vice
President) 230 South LaSalle Street,
Chicago, Illinois 60690–1414:
1. Robert John Dentel, Victor, Iowa,
and Mary P. Howell, Ames, Iowa; each
to control 25 percent or more of the
voting shares of Dentel Bancorporation,
and thereby indirectly control of Victor
State Bank, both of Victor, Iowa;
Corydon State Bank, Corydon, Iowa;
First State Bank of Colfax, Colfax, Iowa;
Maxwell State Bank, Maxwell, Iowa;
Pocahontas State Bank, Pocahontas,
Iowa; and Panora State Bank, Panora,
Iowa.
Board of Governors of the Federal Reserve
System, October 28, 2010.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. 2010–27683 Filed 11–2–10; 8:45 am]
BILLING CODE 6210–01–P
FEDERAL RESERVE SYSTEM
[Docket No. OP 1396]
Federal Reserve Bank Services
Board of Governors of the
Federal Reserve System.
ACTION: Notice.
AGENCY:
The Board of Governors of the
Federal Reserve System (Board) has
approved the private sector adjustment
factor (PSAF) for 2011 of $39.5 million
and the 2011 fee schedules for Federal
Reserve priced services and electronic
access. These actions were taken in
accordance with the requirements of the
Monetary Control Act of 1980, which
requires that, over the long run, fees for
Federal Reserve priced services be
established on the basis of all direct and
indirect costs, including the PSAF. The
Board has also approved maintaining
the current earnings credit rate on
clearing balances.
DATES: The new fee schedules and
earnings credit rate become effective
January 3, 2011.
FOR FURTHER INFORMATION CONTACT: For
questions regarding the fee schedules:
Jeffrey C. Marquardt, Deputy Director,
(202/452–2360); Jeffrey S.H. Yeganeh,
Manager, Retail Payments, (202/728–
5801); Linda S. Healey, Senior Financial
Services Analyst, (202/452–5274),
SUMMARY:
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
67731
Division of Reserve Bank Operations
and Payment Systems. For questions
regarding the PSAF and earnings credits
on clearing balances: Gregory L. Evans,
Deputy Associate Director, (202/452–
3945); Brenda L. Richards, Manager,
Financial Accounting, (202/452–2753);
or Jonathan C. Mueller, Senior Financial
Analyst, (202/530–6291), Division of
Reserve Bank Operations and Payment
Systems. For users of
Telecommunications Device for the Deaf
(TDD) only, please call 202/263–4869.
Copies of the 2011 fee schedules for the
check service are available from the
Board, the Federal Reserve Banks, or the
Reserve Banks’ financial services web
site at https://www.frbservices.org.
SUPPLEMENTARY INFORMATION:
I. Private Sector Adjustment Factor
And Priced Services
A. Overview—Each year, as required
by the Monetary Control Act of 1980,
the Reserve Banks set fees for priced
services provided to depository
institutions. These fees are set to
recover, over the long run, all direct and
indirect costs and imputed costs,
including financing costs, taxes, and
certain other expenses, as well as the
return on equity (profit) that would have
been earned if a private business firm
provided the services. The imputed
costs and imputed profit are collectively
referred to as the PSAF. Similarly,
investment income is imputed and
netted with related direct costs
associated with clearing balances to
estimate net income on clearing
balances (NICB). From 2000 through
2009, the Reserve Banks recovered 97.8
percent of their total expenses
(including imputed costs) and targeted
after-tax profits or return on equity
(ROE) for providing priced services.1
Table 1 summarizes 2009, 2010
estimated, and 2011 budgeted costrecovery rates for all priced services.
Cost recovery is estimated to be 102.9
percent in 2010 and budgeted to be
102.0 percent in 2011. The check
service accounts for slightly over half of
the total cost of priced services and thus
1 The ten-year recovery rate is based on the pro
forma income statement for Federal Reserve priced
services published in the Board’s Annual Report.
Effective December 31, 2006, the Reserve Banks
implemented Statement of Financial Accounting
Standards (SFAS) No. 158: Employers’ Accounting
for Defined Benefit Pension and Other
Postretirement Plans [Accounting Standards
Codification (ASC) 715 Compensation—Retirement
Benefits], which resulted in recognizing a reduction
in equity related to the priced services’ benefit
plans. Including this reduction in equity results in
cost recovery of 93.0 percent for the ten-year period.
This measure of long-run cost recovery is also
published in the Board’s Annual Report.
E:\FR\FM\03NON1.SGM
03NON1
Agencies
[Federal Register Volume 75, Number 212 (Wednesday, November 3, 2010)]
[Notices]
[Pages 67721-67731]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27698]
=======================================================================
-----------------------------------------------------------------------
FEDERAL RESERVE SYSTEM
Proposed Agency Information Collection Activities; Comment
Request
AGENCY: Board of Governors of the Federal Reserve System
SUMMARY: Background. On June 15, 1984, the Office of Management and
Budget (OMB) delegated to the Board of Governors of the Federal Reserve
System (Board) its approval authority under the Paperwork Reduction Act
(PRA), as per 5 CFR 1320.16, to approve of and assign OMB control
numbers to collection of information requests and requirements
conducted or sponsored by the Board under conditions set forth in 5 CFR
Part 1320 Appendix A.1. Board-approved collections of information are
incorporated into the official OMB inventory of currently approved
collections of information. Copies of the Paperwork Reduction Act
Submission, supporting statements and approved collection of
information instruments are placed into OMB's public docket files. The
Federal Reserve may not conduct or sponsor, and the respondent is not
required to respond to, an information collection that has been
extended, revised, or implemented on or after October 1, 1995, unless
it displays a currently valid OMB control number.
Request for Comment on Information Collection Proposals
The following information collections, which are being handled
under this delegated authority, have received initial Board approval
and are hereby published for comment. At the end of the comment period,
the proposed information collections, along with an analysis of
comments and recommendations received, will be submitted to the Board
for final approval under OMB delegated authority. Comments are invited
on the following:
a. Whether the proposed collection of information is necessary for
the proper performance of the Federal Reserve's functions; including
whether the information has practical utility;
b. The accuracy of the Federal Reserve's estimate of the burden of
the proposed information collection, including the validity of the
methodology and assumptions used;
c. Ways to enhance the quality, utility, and clarity of the
information to be collected; and
d. Ways to minimize the burden of information collection on
respondents, including through the use of automated collection
techniques or other forms of information technology.
DATES: Comments must be submitted on or before January 3, 2011.
ADDRESSES: You may submit comments, identified by FR Y-9C, FR Y-9LP, FR
Y-11, FR 2314, FR Y-7N, or FR 2886b, by any of the following methods:
Agency Web Site: https://www.federalreserve.gov. Follow the
instructions for submitting comments at https://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: regs.comments@federalreserve.gov. Include docket
number in the subject line of the message.
Fax: 202/452-3819 or 202/452-3102.
Mail: Jennifer J. Johnson, Secretary, Board of Governors
of the Federal Reserve System, 20th Street and Constitution Avenue,
NW., Washington, DC 20551.
All public comments are available from the Board's Web site at https://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm as submitted,
unless modified for technical reasons. Accordingly, your comments will
not be edited to remove any identifying or contact information. Public
comments may also be viewed electronically or in paper form in Room MP-
500 of the Board's Martin Building (20th and C Streets, NW.) between 9
a.m. and 5 p.m. on weekdays.
Additionally, commenters should send a copy of their comments to
the OMB Desk Officer by mail to the Office of Information and
Regulatory Affairs, U.S. Office of Management and Budget, New Executive
Office Building, Room 10235, 725 17th Street, NW., Washington, DC 20503
or by fax to 202-395-6974.
FOR FURTHER INFORMATION CONTACT: A copy of the PRA OMB submission,
including the proposed reporting form and instructions, supporting
statement, and other documentation will be placed into OMB's public
docket files, once approved. These documents will also be made
available on the Federal Reserve Board's public Web site at: https://www.federalreserve.gov/boarddocs/reportforms/review.cfm or may be
requested from the agency clearance officer, whose name appears below.
Cynthia Ayouch, Acting Federal Reserve Board Clearance Officer
(202-452-3829), Division of Research and Statistics, Board of Governors
of the Federal Reserve System, Washington, DC 20551. Telecommunications
Device for the Deaf (TDD) users may contact (202-263-4869), Board of
Governors of the Federal Reserve System, Washington, DC 20551.
Proposal to approve under OMB delegated authority the extension for
three years, with revision of the following reports:
1. Report title: Financial Statements for Bank Holding Companies.
Agency form number: FR Y-9C, FR Y-9LP.
OMB control number: 7100-0128.
Frequency: Quarterly.
Reporters: Bank holding companies.
Estimated annual reporting hours: FR Y-9C: 189,449; FR Y-9LP:
27,195.
Estimated average hours per response: FR Y-9C: 45.15; FR Y-9LP:
5.25.
Number of respondents: FR Y-9C: 1,049; FR Y-9LP: 1,295.
[[Page 67722]]
General description of report: This information collection is
mandatory (12 U.S.C. 1844(c)). Confidential treatment is not routinely
given to the data in these reports. However, confidential treatment for
the reporting information, in whole or in part, can be requested in
accordance with the instructions to the form, pursuant to sections
(b)(4) and (b)(6) of the Freedom of Information Act (5 U.S.C.
522(b)(4), (b)(6)).
Abstract: The FR Y-9C and the FR Y-9LP are standardized financial
statements for the consolidated bank holding company (BHC) and its
parent. The FR Y-9 family of reports historically has been, and
continues to be, the primary source of financial information on BHCs
between on-site inspections. Financial information from these reports
is used to detect emerging financial problems, to review performance
and conduct pre-inspection analysis, to monitor and evaluate capital
adequacy, to evaluate BHC mergers and acquisitions, and to analyze a
BHC's overall financial condition to ensure safe and sound operations.
The FR Y-9C consists of standardized financial statements similar
to the Federal Financial Institutions Examination Council (FFIEC)
Consolidated Reports of Condition and Income (Call Reports) (FFIEC 031
& 041; OMB No. 7100-0036) filed by commercial banks. The FR Y-9C
collects consolidated data from BHCs. The FR Y-9C is filed by top-tier
BHCs with total consolidated assets of $500 million or more. (Under
certain circumstances defined in the General Instructions, BHCs under
$500 million may be required to file the FR Y-9C.)
The FR Y-9LP includes standardized financial statements filed
quarterly on a parent company only basis from each BHC that files the
FR Y-9C. In addition, for tiered BHCs, a separate FR Y-9LP must be
filed for each lower tier BHC.
Current actions: The Federal Reserve proposes the following
revisions and clarifications to the FR Y-9C: (1) Break out by loan
category of other loans and leases that are troubled debt
restructurings for those that (a) are past due 30 days or more or in
nonaccrual status or (b) are in compliance with their modified terms
and clarify reporting of restructured troubled debt consumer loans, (2)
break out other consumer loans into automobile loans and all other
consumer loans in several schedules, (3) break out commercial mortgage-
backed securities issued or guaranteed by U.S. Government agencies and
sponsored agencies, (4) create a new Schedule HC-V, Variable Interest
Entities, for reporting major categories of assets and liabilities of
consolidated variable interest entities (VIEs), (5) break out loans and
other real estate owned (OREO) information covered by FDIC loss-sharing
agreements by loan and OREO category, (6) break out life insurance
assets into data items for general account and separate account life
insurance assets, (7) add new data items for the total assets of
captive insurance and reinsurance subsidiaries, (8) add new income
statement items for credit valuation adjustments and debit valuation
adjustments included in trading revenues (for BHCs with total assets of
$100 billion or more), (9) revise reporting instructions in the areas
of construction lending, 1-4 family residential mortgage banking
activities, and maturity and repricing data, and (10) collect expanded
information on the quarterly-averages schedule. The proposed changes
would be effective as of March 31, 2011.
The Federal Reserve proposes to revise the FR Y-9LP to modify a
data item collecting loans and leases of the parent restructured in
compliance with modified terms. This data item would be redefined to
exclude leases and to explicitly refer to restructured loans in this
data item as troubled debt restructurings. The proposed changes would
be effective as of March 31, 2011.
For the March 31, 2011, reporting date, BHCs may provide reasonable
estimates for any new or revised FR Y-9C or FR Y-9LP data item
initially required to be reported as of that date for which the
requested information is not readily available. The specific wording of
the captions for the new or revised FR Y-9C or FR Y-9LP data items
discussed in this proposal and the numbering of these data items should
be regarded as preliminary.
Proposed Revisions--FR Y-9C
A. Proposed Revisions Related to Call Report Revisions
The Federal Reserve proposes to make the following revisions to the
FR Y-9C to parallel proposed changes to the Call Report. BHCs have
commented that changes should be made to the FR Y-9C in a manner
consistent with changes to the Call Report to reduce reporting burden.
A.1 Troubled Debt Restructurings
The Federal Reserve proposes that BHCs report additional detail on
loans that have undergone troubled debt restructurings in Schedule HC-
C, Loans and Lease Financing Receivables, and Schedule HC-N, Past Due
and Nonaccrual Loans, Leases, and Other Assets. More specifically,
Schedule HC-C, Memorandum item 1.b, Other loans and all leases,
restructured and in compliance with modified terms, and Schedule HC-N,
Memorandum item 1.b, restructured, Other loans and all leases, included
in Schedule HC-N, would be broken out to provide information on
restructured troubled loans for many of the loan categories reported in
the bodies of Schedule HC-C and Schedule HC-N. The breakout would also
include Loans to individuals for household, family, and other personal
expenditures, whose terms have been modified in troubled debt
restructurings, which are currently excluded from the reporting of
troubled debt restructurings.
In the aggregate, troubled debt restructurings for all FR Y-9C
respondents have grown from $11.4 billion at year-end 2007 to $106.2
billion as of March 31, 2010. The proposed additional detail on
troubled debt restructurings in Schedules HC-C and HC-N would enable
the Federal Reserve to better understand the level of restructuring
activity at BHCs, the categories of loans involved in this activity,
and whether BHCs are working with their borrowers to modify and
restructure loans. In particular, to encourage banking organizations to
work constructively with their commercial borrowers, the banking
agencies recently issued guidance on commercial real estate loan
workouts and small business lending.\1\ While this guidance has
explained the agencies' expectations for prudent workouts, the Federal
Reserve and the industry would benefit from additional reliable data
outside of the examination process to assess restructuring activity at
BHCs 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 a BHC'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.
---------------------------------------------------------------------------
\1\ Interagency Statement on Meeting the Credit Needs of
Creditworthy Small Business Borrowers, issued February 12, 2010, and
Policy Statement on Prudent Commercial Real Estate Loan Workouts,
issued October 30, 2009.
---------------------------------------------------------------------------
It is also anticipated that other loan categories will experience
continued workout activity in the coming months given that most asset
classes have been
[[Page 67723]]
adversely affected by the recent recession. This affect is evidenced by
the increase in past due and nonaccrual assets across virtually all
asset classes over the past two to three years.
Currently, BHCs report loans and leases restructured and in
compliance with their modified terms (Schedule HC-C, Memorandum item
(1) with separate disclosure of (a) loans secured by 1-4 family
residential properties (in domestic offices) and (b) other loans and
all leases (excluding loans to individuals for household, family, and
other personal expenditures). This same breakout is reflected in
Schedule HC-N, Memorandum item 1, for past due and nonaccrual
restructured troubled loans. The broad category of other loans in
Schedule HC-C, Memorandum item 1.b, and Schedule HC-N, Memorandum item
1.b, does not permit an adequate analysis of troubled debt
restructurings. In addition, the disclosure requirements for troubled
debt restructurings under generally accepted accounting principles
(GAAP) do not exempt restructurings of loans to individuals for
household, family, and other personal expenditures. Therefore, if more
detail were to be added to match the reporting of loans in Schedule HC-
C and Schedule HC-N, the new data would provide the Federal Reserve
with the level of information necessary to assess BHCs' troubled debt
restructurings to the same extent that other loan quality and
performance indicators can be assessed. However, the Federal Reserve
notes that, under GAAP, troubled debt restructurings do not include
changes in lease agreements \2\ and therefore propose to exclude leases
from Schedule HC-C, Memorandum item 1, and from Schedule HC-N,
Memorandum item 1, and strike the phrase ``and all other leases'' from
the caption of these data items.
---------------------------------------------------------------------------
\2\ Accounting Standards Codification paragraph 470-60-15-11.
---------------------------------------------------------------------------
Thus, the proposed breakdowns of existing Memorandum item 1.b in
both Schedule HC-C and Schedule HC-N would create new Memorandum items
in both schedules covering troubled debt restructurings of 1-4 family
residential construction loans, Other construction loans and all land
development and other land loans, Loans secured by multifamily (5 or
more) residential properties, Loans secured by owner-occupied nonfarm
nonresidential properties, Loans secured by other nonfarm
nonresidential properties, Commercial and industrial loans, and All
other loans and all leases (including loans to individuals for
household, family, and other personal expenditures). \3\ If
restructured loans in any category of loans, as defined in Schedule HC-
C, included in restructured, All other loans, exceeds 10 percent of the
amount of restructured, All other loans, the amount of restructured
loans in this category or categories would be itemized and described.
---------------------------------------------------------------------------
\3\ For BHCs with foreign offices, the Memorandum items for
restructured real estate loans would cover such loans in domestic
offices. In addition, BHCs would also provide a breakdown of
restructured commercial and industrial loans between U.S. and non-
U.S. addressees.
---------------------------------------------------------------------------
Finally, Schedule HC-C, Memorandum item 1, and Schedule HC-N,
Memorandum item 1, are intended to capture data on loans that have
undergone troubled debt restructurings as that term is defined in GAAP.
However, the captions of these two Memorandum items include only the
term ``restructured'' rather than explicitly mentioning troubled debt
restructurings, which has led to questions about the scope of these
Memorandum items. Accordingly, the Federal Reserve proposes to revise
the captions so that they clearly indicate that the loans to be
reported in Schedule HC-C, Memorandum item 1, and Schedule HC-N,
Memorandum item 1, are troubled debt restructurings.
A.2 Auto Loans
The Federal Reserve proposes to add a breakdown of the other
consumer loans \4\ or all other loans loan categories contained in five
separate schedules in order to separately collect information on auto
loans. The affected schedules would be Schedule HC-C, Loans and Lease
Financing Receivables; Schedule HC-K, Quarterly Averages; Schedule HC-
N, Past Due and Nonaccrual Loans, Leases, and Other Assets; Schedule
HI, Income Statement; and Schedule HI-B, Part I, Charge-offs and
Recoveries on Loans and Leases. Auto loans would include loans arising
from retail sales of passenger cars and other vehicles such as
minivans, vans, sport-utility vehicles, pickup trucks, and similar
light trucks for personal use. This new loan category would exclude
loans to finance fleet sales, personal cash loans secured by
automobiles already paid for, loans to finance the purchase of
commercial vehicles and farm equipment, and lease financing.
---------------------------------------------------------------------------
\4\ As described later in this notice, the other consumer loans
loan category is proposed to be added to Schedule HC-K beginning
March 31, 2011.
---------------------------------------------------------------------------
Automobile loans are a significant consumer business for many large
BHCs. Because of the limited disclosure of auto lending on existing
regulatory reports, supervisory oversight of auto lending is presently
diminished by the need to rely on the examination process and public
information sources that provide overall market information but not
data on idiosyncratic risks.
Roughly 65 percent of new vehicle sales and 40 percent of used
vehicle sales are funded with auto loans. According to household
surveys and data on loan originations, commercial banks are an
important source of auto loans. In 2008, this sector originated
approximately one-third of all auto loans. Finance companies, both
independent and those affiliated with auto manufacturers, originated a
bit more than one-third, while credit unions originated a bit less than
one-quarter. In addition to originating auto loans, some banks purchase
auto loans originated by other entities, which suggests that commercial
banks could be the largest holder of auto loans.
Despite the importance of BHCs to the auto loan market, the Federal
Reserve knows less about BHCs' holdings of auto loans than is known
about finance company, credit union, and savings association holdings
of these loans. All nonbank depository institutions are required to
report auto loans on their respective regulatory reports, including
savings associations, which originate less than 5 percent of auto
loans. On their regulatory reports, credit unions must provide not only
the outstanding amount of new and used auto loans, but also the average
interest rate and the number of loans. In a monthly survey, the Federal
Reserve collects information on the amount of auto loans held by
finance companies. As a consequence, during the financial crisis when
funds were scarce for finance companies in general and the finance
companies affiliated with automakers in particular, a lack of data on
auto loans at banks hindered the Federal Reserve's ability to estimate
the extent to which BHCs were filling in the gap in auto lending left
by the finance companies.
Additional disclosure regarding consolidated auto loans on the FR
Y-9C is especially important with the implementation of the amendments
to Financial Accounting Standards Board (FASB) Accounting Standards
Codification (ASC) Topics 860, Transfers and Servicing, and 810,
Consolidations, resulting from Accounting Standards Update (ASU) No.
2009-16 \5\, and ASU No. 2009-17 \6\, respectively. Until 2010,
Schedule HC-
[[Page 67724]]
S, Servicing, Securitization, and Asset Sale Activities, had provided
the best supervisory information on auto lending because it included a
separate breakout of securitized auto loans outstanding as well as
securitized auto loan delinquencies and charge-offs. The accounting
changes brought about by the amendments to ASC Topics 860 and 810,
however, mean that if the auto loan securitization vehicle is now
required to be consolidated, securitized auto lending previously
reported on Schedule HC-S will be grouped as part of other consumer
loans or all other loans on Schedules HC-C, HC-K, HC-N, HI, and HI-B,
Part I, which diminishes supervisors' ability to assess auto loan
exposures and performance.
---------------------------------------------------------------------------
\5\ Formerly Statement of Financial Accounting Standards (SFAS)
No. 166, Accounting for Transfers of Financial Assets (FAS 166).
\6\ Formerly SFAS No. 167, Amendments to FASB Interpretation No.
46(R) (FAS 167).
---------------------------------------------------------------------------
Finally, separating auto lending from other consumer loans will
assist the Federal Reserve in understanding consumer lending activities
at individual institutions. When an institution holds both auto loans
and other types of consumer loans (other than credit cards, which are
currently reported separately), the current combined reporting of these
loans in the FR Y-9C tends to mask any significant differences that may
exist in the performance of these portfolios. For example, a BHC could
have a sizeable auto loan portfolio with low loan losses, but its other
consumer lending, which could consist primarily of unsecured loans,
could exhibit very high loss rates. The current blending of these
divergent portfolios into a single loan category makes it difficult to
adequately monitor consumer loan performance.
A.3 Commercial Mortgage Backed Securities Issued or Guaranteed by U.S.
Government Agencies and Sponsored Agencies
The Federal Reserve proposes to split the existing data items on
commercial mortgage-backed securities (CMBS) in Schedule HC-B,
Securities, and Schedule HC-D, Trading Assets and Liabilities, to
distinguish between CMBS issued or guaranteed by U.S. Government
agencies and sponsored agencies (collectively, U.S. Government
agencies) and those issued by others. Until June 2009, information
reported in the FR Y-9C on mortgage-backed securities (MBS) issued or
guaranteed by U.S. Government agencies included both residential MBS
and CMBS. However, in June 2009 when BHCs began to report information
on CMBS separately from residential MBS, data was collected only for
commercial mortgage pass-through securities and for other CMBS without
regard to issuer or guarantor. Thus, the Federal Reserve was no longer
able to identify all MBS issued or guaranteed by U.S. Government
agencies.
U.S. Government agencies issue or guarantee a significant volume of
CMBS that are backed by multifamily residential properties. In the
fourth quarter of 2009, out of a total of $854 billion in commercial
and multifamily loans that were securitized, loan pools issued or
guaranteed by U.S. Government agencies accounted for 19 percent or $164
billion. These pools present a substantially different risk profile
than privately issued CMBS, but current reporting does not allow for
the identification of bank holdings of CMBS issued or guaranteed by
U.S. Government agencies. In addition, because CMBS issued or
guaranteed by U.S. Government agencies are accorded lower risk weights
than CMBS issued by others, banks generally should have the information
necessary to separately report these two categories of CMBS in the
proposed new data items in Schedules HC-B and HC-D.
Thus, in Schedule HC-B, the Federal Reserve proposes to split both
data item 4.c.(1), Commercial mortgage pass-through securities, and
data item 4.c.(2), Other commercial MBS, into separate data items for
those issued or guaranteed by U.S. Government agencies (new data items
4.c.(1)(a) and 4.c.(2)(a)) and all other CMBS (new data items
4.c.(1)(b) and 4.c.(2)(b)). Similarly, in Schedule HC-D, existing data
item 4.d, Commercial MBS, would be split into separate data items for
CMBS issued or guaranteed by U.S. Government agencies (data item
4.d.(1)) and all other CMBS (data item 4.d.(2)).
A.4 Variable Interest Entities
In June 2009, the 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 banking
organization or other company determines when an entity that is
insufficiently capitalized or is not controlled through voting or
similar rights, for example a VIE, should be consolidated. For most
banking organizations, ASU Nos. 2009-16 and 2009-17 took effect January
1, 2010.
Under ASC Topic 810, as amended, determining whether a BHC is
required to consolidate a VIE depends on a qualitative analysis of
whether that BHC has a ``controlling financial interest'' in the VIE
and is therefore the primary beneficiary of the VIE. The analysis
focuses on the BHC's power over and interest in the VIE. With the
removal of the QSPE concept from GAAP that was brought about in amended
ASC Topic 860, a BHC 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, BHCs began to consolidate certain previously off-balance-sheet
securitization vehicles, asset-backed commercial paper conduits, and
other structures. Going forward, BHCs 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, BHCs must
continually reassess whether they are the primary beneficiary of VIEs
in which they have variable interests.
For those VIEs that banks must consolidate, the Federal Reserve's
FR Y-9C instructional guidance advises institutions to report the
assets and liabilities of these VIEs on the balance sheet (Schedule HC)
in the category appropriate to the asset or liability. However, ASC
paragraph 810-10-45-25 \7\ 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.'' \8\ 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
[[Page 67725]]
associated risks in a variable interest entity.'' \9\ The Federal
Reserve concurs that separate presentation would provide similar
benefits to them and other FR Y-9C users, particularly since data on
securitized assets that are reconsolidated is no longer reported on
Schedule HC-S, Servicing, Securitization, and Asset Sale Activities.
---------------------------------------------------------------------------
\7\ Formerly paragraph 22A of FIN 46(R), as amended by FAS 167.
\8\ 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).
\9\ See paragraphs A80 and A81 of FAS 167.
---------------------------------------------------------------------------
Consistent with the presentation requirements discussed above, the
Federal Reserve proposes to add a new Schedule HC-V, Variable Interest
Entities, to the FR Y-9C in which BHCs would 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 reporting
BHC. The following proposed categories for these assets and liabilities
would include some of the same categories presented on the balance
sheet (Schedule HC): (1) Cash and balances due from depository
institutions, (2) Held-to-maturity securities, (3) Available-for-sale
securities, (4) Securities purchased under agreements to resell, (5)
Loans and leases held for sale, (6) Loans and leases, net of unearned
income, (7) Less: Allowance for loan and lease losses, (8) Trading
assets (other than derivatives), (9) Derivative assets, (10) Other real
estate owned, (11) Other assets, (12) Securities sold under agreements
to repurchase, (13) Derivative liabilities, (14) Other borrowed money
(other than commercial paper), (15) Commercial paper, and (16) 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 Reserve proposes to include two separate
data items in new Schedule HC-V in which BHCs would report the total
amounts of all other assets and all other liabilities of consolidated
VIEs (i.e., all assets of consolidated VIEs that are not dedicated
solely to settling obligations of the VIE and all liabilities of
consolidated VIEs for which creditors have recourse to the general
credit of the reporting BHC). The collection of this information would
help the Federal Reserve understand the total magnitude of consolidated
VIEs. These assets and liabilities would also be reported separately
for securitization trusts, asset-backed commercial paper conduits, and
other VIEs. The asset and liability information collected in Schedule
HC-V would represent amounts included in the reporting BHC's
consolidated assets and liabilities reported on Schedule HC, Balance
Sheet, i.e., after eliminating intercompany transactions.
A.5 Assets Covered by FDIC Loss-Sharing Agreements
In March 2010, the banking agencies added a four-way breakdown of
assets covered by loss-sharing agreements with the FDIC to Call Report
Schedule RC-M, Memoranda (and a comparable four-way breakdown was added
to FR Y-9C Schedule HC-M, Memoranda). FR Y-9C data items 6.a through
6.d collect data on covered loans and leases, other real estate owned,
debt securities, and other assets. 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 data 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.
The changes suggested by the ABA included revising Call Report
Schedule RC-M by replacing the two data items for covered loans and
leases and covered other real estate owned with separate breakdowns of
these assets by loan category and real estate category. The ABA also
suggested revising existing data items 10 and 10.a in Schedule RC-N,
Past Due and Nonaccrual Loans, Leases, and Other Assets, which collect
data on past due and nonaccrual loans and leases that are wholly or
partially guaranteed by the U.S. Government, including the FDIC. The
ABA recommended that the reporting of these past due and nonaccrual
loans and leases be segregated into separate data items for loans and
leases covered by FDIC loss-sharing agreements and loans and leases
with other U.S. Government guarantees.
After reviewing the ABA's recommendations, the Federal Reserve
proposes to make substantively similar revisions to the FR Y-9C. Thus,
the Federal Reserve proposes to create a breakdown of Schedule HC-M,
data item 6.a, covered Loans and leases, that would include each
category of Loans secured by real estate (in domestic offices) from
Schedule HC-C, Loans to finance agricultural production and other loans
to farmers, Commercial and industrial loans, Credit cards, Other
consumer loans, and All other loans and all leases. If any category of
loans or leases, as defined in Schedule HC-C, included in covered All
other loans and all leases exceeds 10 percent of total covered loans
and leases, the amount of covered loans or leases in that category or
categories must be itemized and described. Similarly, the Federal
Reserve proposes to create a breakdown of Schedule HC-M, data item 6.b,
covered Other real estate owned, into the following categories:
Construction, land development, and other land, Farmland, 1-4 family
residential properties, Multifamily (5 or more) residential properties,
and Nonfarm nonresidential properties. BHCs would also report the
guaranteed portion of the total amount of covered other real estate
owned. In Schedule HC-N, as suggested by the ABA for the Call Report,
the Federal Reserve proposes to remove loans and leases covered by FDIC
loss-sharing agreements from the scope of existing data items 11 and
11.a on past due and nonaccrual loans wholly or partially guaranteed by
the U.S. Government. Past due and nonaccrual covered loans and leases
would then be collected in new data item 12, which would include a
breakdown of these loans and leases using the same categories as in
proposed revised data item 6.a of Schedule HC-M.
A.6 Life Insurance Assets
BHCs 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. BHCs currently report the
aggregate amount of their life insurance assets in data item 5 of
Schedule HC-F, Other Assets, without regard to whether their holdings
are general account or separate account policies.
Many BHCs have BOLI assets, and the distinction between those life
insurance policies that represent general account products and 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
[[Page 67726]]
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 BHCs 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 Federal Reserve to track BHCs' 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 Federal Reserve proposes
to split data item 5 of Schedule HC-F into two data items: data item
5.a, General account life insurance assets, and data item 5.b, Separate
account life insurance assets.
A.7 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 a BHC to its captive insurer, and
claims paid back to the BHC by the captive, are transacted on an
intercompany basis, so there is no evidence of this type of self-
insurance activity when a BHC prepares consolidated financial
statements, including its FR Y-9C. The cash flows for a captive
reinsurer's transactions also are not transparent in a BHC's
consolidated financial statements.
A number of BHCs own captive insurers or reinsurers, several of
which were authorized to operate more than 10 years ago. Some of the
most common lines of business underwritten by BHC captive insurers are
credit life, accident and health, and disability insurance and employee
benefits coverage. Additionally, BHC captive reinsurance subsidiaries
may underwrite private mortgage guaranty reinsurance or terrorism risk
reinsurance.
As part of their supervisory processes, the Federal Reserve has
been following the proliferation of BHC 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 BHC from the activities of these subsidiaries.
The Federal Reserve proposes to collect two new data items in
Schedule HC-M, Memoranda, for captive insurance subsidiaries operated
by BHCs: Data item 7.a, Total assets of captive insurance subsidiaries,
and data item 7.b, Total assets of captive reinsurance subsidiaries.
These new data items are not expected to be applicable to the vast
majority of BHCs. When reporting the total assets of these captive
subsidiaries in the proposed new data items, BHCs should measure the
subsidiaries' total assets before eliminating intercompany transactions
between the consolidated subsidiary and other offices or subsidiaries
of the consolidated BHC.
A.8 Credit and Debit Valuation Adjustments Included in Trading Revenues
BHCs that reported average trading assets of $2 million or more for
any quarter of the preceding calendar year provide a breakdown of
trading revenue by type of exposure in Memorandum items 9.a through 9.e
of Schedule HI, Income Statement. These revenue data items are reported
net of credit adjustments made to the fair value of BHCs' derivative
assets and liabilities that are reported as trading assets and
liabilities.
There are two forms of credit adjustments that affect the valuation
of derivatives held for trading and trading revenue. The first is the
credit valuation adjustment (CVA), which is the discounted value of
expected losses on a BHC's derivative assets due to changes in the
creditworthiness of the BHC's derivative counterparties and future
exposures to those counterparties. In contrast, the debit valuation
adjustment (DVA) reflects the effect of changes in the BHC's own
creditworthiness on its derivative liabilities. During the financial
crisis, the recognition of both the CVA and the DVA had a material
affect on overall trading revenues. Because of their potential
materiality, information on these two adjustments is needed in order
for the Federal Reserve to better understand the level and trend of
BHCs' trading revenues.
The Federal Reserve therefore proposes to add two new Memorandum
items to the existing Schedule HI Memorandum items for trading revenue.
In new Memorandum item 9.f, BHCs would report the Impact on trading
revenue of changes in the creditworthiness of the bank holding
company's derivatives counterparties on the bank holding company's
derivative assets (included in Memorandum items 9.a through 9.e above).
In new Memorandum item 9.g., BHCs would report the Impact on trading
revenue of changes in the creditworthiness of the bank holding company
on the bank holding company's derivative liabilities (included in
Memorandum items 9.a through 9.e above). Because derivatives held for
trading are heavily concentrated in the very largest BHCs, these new
data items would be reported only by BHCs with $100 billion or more in
total assets.
A.9 Instructional Revisions
1. Construction Loans:
BHCs report the amount of their Construction, land development, and
other land loans in the appropriate loan subcategory of Schedule HC-C,
data item 1.a. Questions have arisen about the reporting treatment for
a Construction, land development, and other land loan that was not
originated as a ``combination construction-permanent loan,'' but was
originated with the expectation that repayment would come from the sale
of the real estate, when the BHC changes the loan's terms so that
principal amortization is required. This may occur after completion of
construction when the BHC renews or refinances the existing loan or
enters into a new real estate loan with the original borrower. The
Federal Reserve believes that as long as the repayment of a loan that
was originally categorized as a Construction, land development, and
other land loan remains dependent on the sale of the real property, the
loan should continue to be reported in the appropriate subcategory of
data item 1.a of Schedule HC-C because it continues to exhibit the risk
characteristics of a construction loan.
The instructions for Schedule HC-C, data item 1.a, state that:
Loans written as combination construction-permanent loans
secured by real estate should be reported in this item until
construction is completed or principal amortization payments begin,
whichever comes first. When the first of these events occurs, the
loans should begin to be reported
[[Page 67727]]
in the real estate loan category in Schedule HC-C, data item 1,
appropriate to the real estate collateral. All other construction
loans secured by real estate should continue to be reported in this
item after construction is completed unless and until (1) the loan
is refinanced into a new permanent loan by the reporting bank
holding company or is otherwise repaid, (2) the bank holding company
acquires or otherwise obtains physical possession of the underlying
collateral in full satisfaction of the debt, or (3) the loan is
charged off.
A combination construction-permanent loan results when the lender
enters into a contractual agreement with the original borrower at the
time the construction loan is originated to also provide the original
borrower with permanent financing that amortizes principal after
construction is completed and a certificate of occupancy is obtained
(if applicable). This construction-permanent loan structure is intended
to apply to situations where, at the time the construction loan is
originated, the original borrower:
Is expected to be the owner-occupant of the property upon
completion of construction and in receipt of a certificate of occupancy
(if applicable), for example, where the financing is being provided to
the original borrower for the construction and permanent financing of
the borrower's residence or place of business or
Is not expected to be the owner-occupant of the property,
but repayment of the permanent loan will be derived from rental income
associated with the property being constructed after receipt of a
certificate of occupancy (if applicable) rather than from the sale of
the property being constructed.
For a loan not written as a combination construction-permanent loan
at the time the construction loan was originated, the Federal Reserve
proposes to clarify the instructional language quoted above stating
that ``[a]ll other construction loans secured by real estate should
continue to be reported in this item after construction is completed
unless and until * * * the loan is refinanced into a new permanent loan
by the reporting bank holding company.'' This clarification is intended
to ensure the appropriate categorization of such a loan in Schedule HC-
C. Thus, the Federal Reserve proposes to revise the instructions for
Schedule HC-C, data item 1.a, to explain that the phrase ``the loan is
refinanced into a new permanent loan'' refers to:
An amortizing permanent loan to a new borrower (unrelated
to the original borrower) who has purchased the real property or
A prudently underwritten new amortizing permanent loan at
market terms to the original borrower--including an appropriate
interest rate, maturity, and loan-to-value ratio--that is no longer
dependent on the sale of the property for repayment. The loan should
have a clearly identified ongoing source of repayment sufficient to
service the required principal and interest payments over a reasonable
and customary period relative to the type of property securing the new
loan. A new loan to the original borrower not meeting these criteria
(including a new loan on interest-only terms or a new loan with a
short-term balloon maturity that is inconsistent with the ongoing
source of repayment criterion) should continue to be reported as a
``Construction, land development, and other land loan'' in the
appropriate subcategory of Schedule HC-C, data item 1.a.
2. Revisions Related to 1-4 Family Residential Mortgages Held for
Trading in Schedule HC-P
The Federal Reserve began collecting information in Schedule HC-P,
1-4 Family Residential Mortgage Banking Activities in Domestic Offices,
in September 2006. At that time, the instructions for Schedule HC-C,
Loans and Lease Financing Receivables, were written to indicate that
loans generally could not be classified as held for trading. Therefore,
all 1-4 family residential mortgage loans designated as held for sale
were reportable in Schedule HC-P. In March 2008, the Federal Reserve
provided instructional guidance establishing conditions under which
BHCs were permitted to classify certain assets (e.g., loans) as trading
and specified that loans classified as trading assets should be
excluded from Schedule HC-C, Loans and Lease Financing Receivables, and
reported instead in Schedule HC-D, Trading Assets and Liabilities (if
the reporting threshold for this schedule were met). However, the
Federal Reserve neglected to address the reporting treatment on
Schedule HC-P of 1-4 family residential loans that met the conditions
for classification as trading assets. Therefore, the Federal Reserve
proposes to correct this by providing explicit instructional guidance
that all 1-4 family residential mortgage banking activities, whether
held for sale or trading purposes, are reportable on Schedule HC-P.
3. Maturity and Repricing Data for Assets and Liabilities at
Contractual Ceilings and Floors
BHCs report maturity and repricing data for debt securities (not
held for trading) in Schedule HC-B, Securities. The Federal Reserve
uses these data to assess, at a broad level, a BHC's exposure to
interest rate risk. The instructions for reporting the maturity and
repricing data currently require that when the interest rate on a
floating rate instrument has reached a contractual floor or ceiling
level, which is a form of embedded option, the instrument is to be
treated as fixed rate rather than floating rate until the rate is again
free to float. As a result, a floating rate instrument whose interest
rate has fallen to its floor or risen to its ceiling is reported based
on the time remaining until its contractual maturity date rather than
the time remaining until the next interest rate adjustment date (or the
contractual maturity date, if earlier). This reporting treatment is
designed to capture the potential effect of the embedded option under
particular interest rate scenarios.
The ABA has requested that the Federal Reserve reconsider the
reporting treatment for floating rate instruments with contractual
floors and ceilings. More specifically, the ABA has recommended that
the instructions be revised so that floating rate instruments would
always be reporting based on the time remaining until the next interest
rate adjustment date without regard to whether the rate on the
instrument has reached a contractual floor or ceiling.
The Federal Reserve agrees that an instruction revision is
warranted, but the extent of the revision should be narrower than
recommended by the ABA. The Federal Reserve believes that when a
floating rate instrument is at its contractual floor or ceiling and the
embedded option has intrinsic value to the BHC, the floor or ceiling
should be ignored and the instrument should be treated as a floating
rate instrument. However, if the embedded option has intrinsic value to
the BHC's counterparty, the contractual floor or ceiling should
continue to be taken into account and the instrument should be treated
as a fixed rate instrument. For example, when the interest rate on a
floating rate loan reaches its contractual ceiling, the embedded option
represented by the ceiling has intrinsic value to the borrower and is a
detriment to the BHC because the loan's yield to the BHC is lower than
what it would have been without the ceiling. When the interest rate on
a floating rate loan reaches its contractual floor, the
[[Page 67728]]
embedded option represented by the floor has intrinsic value to the BHC
and is a benefit to the BHC because the loan's yield to the BHC is
higher than what it would have been without the floor.
Accordingly, the Federal Reserve proposes to revise the
instructions for reporting maturity and repricing data in Schedule HC-
B. As revised, the instructions would indicate that a floating rate
asset that has reached its contractual ceiling and a floating rate
liability that has reached its contractual floor would be treated as a
fixed rate instrument and reported based on the time remaining until
its contractual maturity date. In contrast, the instructions would
state that a floating rate asset that has reached its contractual floor
and a floating rate liability that has reached its contractual ceiling
would be treated as a floating rate instrument and reported based on
the time remaining until the next interest rate adjustment date (or the
contractual maturity date, if earlier).
B. Proposed Revisions Not Related to Call Report Revisions
The Federal Reserve proposes to make the following revisions to the
FR Y-9C effective as of March 31, 2011. These proposed revisions are
not related to the revisions proposed to the Call Report.
B.1 Expanding Information Collected on Schedule HC-K, Quarterly
Averages
The Federal Reserve proposes to expand the information collected on
Schedule HC-K, Quarterly Averages, to collect more detailed breakdowns
on securities and loan portfolios, consistent with information
currently reported by commercial banks on Call Report Schedule RC-K,
Quarterly Averages. Specifically, Schedule HC-K, data item 2,
Securities, would be broken out to provide information on (1) U.S.
Treasury securities and U.S. Government agency obligations (excluding
mortgage-backed securities), (2) Mortgage-backed securities, and (3)
All other securities. Also, new loan categories would be added to
Schedule HC-K, data item 6, Loans, to provide information on (1) Loans
to finance agricultural production and other loans to farmers, (2)
Commercial and industrial loans, and (3) Loans to individuals for
household, family, and other personal expenditures, with a breakdown of
(a) Credit cards, (b) Auto loans, and (c) Other.
A more granular breakdown on securities and loan portfolios would
facilitate analysis when the value or size of a firm's assets has
changed or fluctuated over a quarter, particularly when used to
calculate net charge-off, growth, and return on average asset rates.
Disclosure of this information would also be consistent with firms'
public Securities and Exchange Commission (SEC) filings, where net
charge-off rates by product type are calculated using quarterly average
balances.
Proposed Revisions--FR Y-9LP
The Federal Reserve proposes to make the following revision to the
FR Y-9LP effective as of March 31, 2011.
Troubled Debt Restructurings
To be consistent with revisions proposed for the FR Y-9C, the
Federal Reserve proposes to modify the instructions for Schedule PC-B--
Memoranda item 8, Loans and leases of the parent restructured in
compliance with modified terms, to clearly indicate that the loans to
be reported in this data item should be troubled debt restructurings
and to exclude leases. Also the phrase ``and leases'' would be stricken
from the caption of this data item. Under GAAP, troubled debt
restructurings do not include changes in lease agreements. Also
consistent with the proposed change to the FR Y-9C, the Federal Reserve
proposes to revise the instructions for this data item to include
(currently excluded) loans to individuals for household, family, and
other personal expenditures and all loans secured by 1-4 family
residential properties whose terms have been modified in troubled debt
restructurings.
2. Report title: Financial Statements for Nonbank Subsidiaries of
U.S. Bank Holding Companies.
Agency form number: FR Y-11.
OMB control number: 7100-0244.
Frequency: Quarterly and annually.
Reporters: Bank holding companies.
Annual reporting hours: FR Y-11 (quarterly): 15,966; FR Y-11
(annual): 2,768.
Estimated average hours per response: FR Y-11 (quarterly): 6.80; FR
Y-11 (annual): 6.80.
Number of respondents: FR Y-11 (quarterly): 587; FR Y-11 (annual):
407.
General description of report: This information collection is
mandatory (12 U.S.C. 1844(c)). Confidential treatment is not routinely
given to the data in these reports. However, confidential treatment for
the reporting information, in whole or in part, can be requested in
accordance with the instructions to the form, pursuant to sections
(b)(4), (b)(6) and (b)(8) of the Freedom of Information Act [5 U.S.C.
522(b)(4), (b)(6) and (b)(8)].
Abstract: The FR Y-11 reports collect financial information for
individual non-functionally regulated U.S. nonbank subsidiaries of
domestic bank holding companies (BHCs). BHCs file the FR Y-11 on a
quarterly or annual basis according to filing criteria. The FR Y-11
data are used with other BHC data to assess the condition of BHCs that
are heavily engaged in nonbanking activities and to monitor the volume,
nature, and condition of their nonbanking operations.
Current Actions: The Federal Reserve proposes to revise the FR Y-11
reporting form and instructions to clarify the reporting of the net
change in fair values of financial instruments accounted for under a
fair value option. The Federal Reserve proposes to revise the item
caption for Schedule IS, Income Statement, Memorandum item 2, Net
change in fair values of financial instruments accounted for under a
fair value option, by adding the parenthetical (included in items
5.a.(3), 5.a.(6), 5.a.(10) and 5.b. above). Schedule IS, Memoranda item
2 instructions currently state that respondents only include net change
in fair value included in noninterest income from nonrelated
organizations. However, respondents should also include the net change
in fair value included in trading revenue, net servicing fees, and
other noninterest income from nonrelated and related organizations. The
Federal Reserve would also make the corresponding instructional
revision.
To be consistent with revisions proposed to the FR Y-9C, the
Federal Reserve also proposes to clarify the caption for Schedule BS-A,
Loans and Lease Financing Receivables, data item 7.d, Restructured
loans and leases, to clearly indicate that the loans to be reported in
this item should be troubled debt restructurings and to exclude leases.
Under generally accepted accounting principles, troubled debt
restructurings do not include changes in lease agreements. Also
consistent with the proposed change to the FR Y-9C, The Federal Reserve
proposes to revise the instructions for this item to include (currently
excluded) loans to individuals for household, family, and other
personal expenditures, and all loans secured by 1-4 family residential
properties whose terms have been modified in troubled debt
restructurings. These revisions would be effective as of March 31,
2011.
3. Report title: Financial Statements of Foreign Subsidiaries of
U.S. Banking Organizations.
Agency form number: FR 2314.
OMB control number: 7100-0073.
Frequency: Quarterly and annually.
[[Page 67729]]
Reporters: Foreign subsidiaries of U.S. state member banks, bank
holding companies, and Edge or agreement corporations.
Annual reporting hours: FR 2314 (quarterly): 16,394; FR 2314
(annual): 3,379.
Estimated average hours per response: FR 2314 (quarterly): 6.60; FR
2314 (annual): 6.60.
Number of respondents: FR 2314 (quarterly): 621; FR 2314 (annual):
512.
General description of report: This information collection is
mandatory (12 U.S.C. 324, 602, 625, and 1844(c)). Confidential
treatment is not routinely given to the data in these reports. However,
confidential treatment for the reporting information, in whole or in
part, can be requested in accordance with the instructions to the form,
pursuant to sections (b)(4), (b)(6) and (b)(8) of the Freedom of
Information Act [5 U.S.C. 522(b)(4) (b)(6) and (b)(8)].
Abstract: The FR 2314 reports collect financial information for
non-functionally regulated direct or indirect foreign subsidiaries of
U.S. state member banks (SMBs), Edge and agreement corporations, and
BHCs. Parent organizations (SMBs, Edge and agreement corporations, or
BHCs) file the FR 2314 on a quarterly or annual basis according to
filing criteria. The FR 2314 data are used to identify current and
potential problems at the foreign subsidiaries of U.S. parent
companies, to monitor the activities of U.S. banking organizations in
specific countries, and to develop a better understanding of activities
within the industry, in general, and of individual institutions, in
particular.
Current actions: The Federal Reserve proposes to revise the FR 2314
reporting form and instructions to clarify the reporting of the net
change in fair values of financial instruments accounted for under a
fair value option. The Federal Reserve proposes to revise the item
caption for Schedule IS, Income Statement, Memorandum item 2, Net
change in fair values of financial instruments accounted for under a
fair value option, by adding the parenthetical (included in items
5.a.(3), 5.a.(6), 5.a.(10) and 5.b. above). Schedule IS, Memoranda item
2 instructions currently state that respondents only include net change
in fair value included in noninterest income from nonrelated
organizations. However, respondents should also include the net change
in fair value included in trading revenue, net servicing fees, and
other noninterest income from nonrelated and related organizations. The
Federal Reserve would also make the corresponding instructional
revision.
To be consistent with revisions proposed to the FR Y-9C, the
Federal Reserve also proposes to clarify the caption for Schedule BS-A,
Loans and Lease Financing Receivables, data item 7.d, Restructured
loans and leases, to clearly indicate that the loans to be reported in
this item should be troubled debt restructurings and to exclude leases.
Under generally accepted accounting principles, troubled debt
restructurings do not include changes in lease agreements. Also
consistent with the proposed change to the FR Y-9C, The Federal Reserve
proposes to revise the instructions for this item to include (currently
excluded) loans to individuals for household, family, and other
personal expenditures, and all loans secured by 1-4 family residential
properties whose terms have been modified in troubled debt
restructurings. These revisions would be effective as of March 31,
2011.
4. Report title: Financial Statements of U.S. Nonbank Subsidiaries
Held by Foreign Banking Organizations.
Agency form number: FR Y-7N.
OMB control number: 7100-0125.
Frequency: Quarterly and annually.
Reporters: Foreign banking organizations (FBOs).
Annual reporting hours: FR Y-7N (quarterly): 4,978; FR Y-7N
(annual): 1,299.
Estimated average hours per response: FR Y-7N (quarterly): 6.80; FR
Y-7N (annual): 6.80.
Number of respondents: FR Y-7N (quarterly): 183; FR Y-7N (annual):
191.
General description of report: This information collection is
mandatory (12 U.S.C. 1844(c), 3106(c), and 3108). Confidential
treatment is not routinely given to the data in these reports. However,
confidential treatment for information, in whole or in part, on any of
the reporting forms can be requested in accordance with the
instructions to the form, pursuant to sections (b)(4) and (b)(6) of the
Freedom of Information Act [5 U.S.C. 522(b)(4) and (b)(6)].
Abstract: The FR Y-7N collects financial information for non-
functionally regulated U.S. nonbank subsidiaries held by FBOs other
than through a U.S. bank holding company (BHC), U.S. financial holding
company (FHC) or U.S. bank. FBOs file the FR Y-7N on a quarterly or
annual basis.
Current actions: The Federal Reserve proposes to revise the FR Y-7N
reporting form and instructions to clarify the reporting of the net
change in fair values of financial instruments accounted for under a
fair value option. The Federal Reserve proposes to revise the item
caption for Schedule IS, Income Statement, Memoranda item 1, Net change
in fair values of financial instruments accounted for under