Agency Information Collection Activities: Submission for OMB Review; Joint Comment Request, 30922-30928 [2013-12220]

Agencies

• FEDERAL DEPOSIT INSURANCE CORPORATION
• FEDERAL RESERVE SYSTEM
• Office of the Comptroller of the Currency
• DEPARTMENT OF THE TREASURY

[Federal Register Volume 78, Number 100 (Thursday, May 23, 2013)]
[Notices]
[Pages 30922-30928]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12220]


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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency

FEDERAL RESERVE SYSTEM

FEDERAL DEPOSIT INSURANCE CORPORATION


Agency Information Collection Activities: Submission for OMB 
Review; Joint Comment Request

AGENCIES: Office of the Comptroller of the Currency (OCC), Treasury; 
Board of Governors of the Federal Reserve System (Board); and Federal 
Deposit Insurance Corporation (FDIC).

ACTION: Notice of information collection to be submitted to OMB for 
review and approval under the Paperwork Reduction Act of 1995.

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SUMMARY: In accordance with the requirements of the Paperwork Reduction 
Act of 1995 (44 U.S.C. chapter 35), the OCC, the Board, and the FDIC 
(the ``agencies'') may not conduct or sponsor, and the respondent is 
not required to respond to, an information collection unless it 
displays a currently valid Office of Management and Budget (OMB) 
control number. On February 21, 2013, the agencies, under the auspices 
of the Federal Financial Institutions Examination Council (FFIEC), 
requested public comment for 60 days on a proposal to extend, with 
revision, the Consolidated Reports of Condition and Income (Call 
Report), which are currently approved collections of information. After 
considering the comments received on the proposal, the FFIEC and the 
agencies would proceed with the following proposed revisions effective 
June 30, 2013: (1) A scope revision to an item in the equity capital 
reconciliation; and (2) reporting changes for large and highly complex 
institutions for deposit insurance assessment purposes. Certain 
modifications have been made to the assessment reporting changes in 
response to comments received. The FFIEC and the agencies are 
continuing to evaluate the other Call Report changes proposed in 
February 2013 in light of the comments received and would not implement 
these changes as of June 30, 2013 (and, in one case, as of December 31, 
2013), as had been proposed. The FFIEC's and the agencies' decisions 
regarding these additional proposed data items would be the subject of 
a separate Federal Register notice.

DATES: Comments must be submitted on or before June 24, 2013.

ADDRESSES: Interested parties are invited to submit written comments to 
any or all of the agencies on the revisions to the Call Report for June 
30, 2013, for which the agencies are requesting approval from OMB. All 
comments, which should refer to the OMB control number(s), will be 
shared among the agencies.
    OCC: Because paper mail in the Washington, DC, area and at the OCC 
is subject to delay, commenters are encouraged to submit comments by 
email if possible. Comments may be sent to: Legislative and Regulatory 
Activities Division, Office of the Comptroller of the Currency, 
Attention: 1557-0081, 400 7th Street SW., Suite 3E-218, Mail Stop 9W-
11, Washington, DC 20219. In addition, comments may be sent by fax to 
(571) 465-4326 or by electronic mail to regs.comments@occ.treas.gov. 
You may personally inspect and photocopy comments at the OCC, 400 7th 
Street SW., Washington, DC 20219. For security reasons, the OCC 
requires that visitors make an appointment to inspect comments. You may 
do so by calling (202) 649-6700. Upon arrival, visitors will be 
required to present valid government-issued photo identification and to 
submit to security screening in order to inspect and photocopy 
comments.
    All comments received, including attachments and other supporting 
materials, are part of the public record and subject to public 
disclosure. Do not enclose any information in your comment or 
supporting materials that you consider confidential or inappropriate 
for public disclosure.
    Board: You may submit comments, which should refer to 
``Consolidated Reports of Condition and Income (FFIEC 031 and 041),'' 
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.
     Email: regs.comments@federalreserve.gov. Include reporting 
form number in the subject line of the message.
     FAX: (202) 452-3819 or (202) 452-3102.
     Mail: Robert deV. Frierson, 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

[[Page 30923]]

www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm as submitted, 
unless modified for technical reasons. Accordingly, your comments will 
not be edited to remove any identifying or contact information. Public 
comments may also be viewed electronically or in paper in Room MP-500 
of the Board's Martin Building (20th and C Streets NW.) between 9:00 
a.m. and 5:00 p.m. on weekdays.
    FDIC: You may submit comments, which should refer to ``Consolidated 
Reports of Condition and Income, 3064-0052,'' by any of the following 
methods:
     Agency Web site: https://www.fdic.gov/regulations/laws/federal/propose.html. Follow the instructions for submitting comments 
on the FDIC Web site.
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: comments@FDIC.gov. Include ``Consolidated Reports 
of Condition and Income, 3064-0052'' in the subject line of the 
message.
     Mail: Gary A. Kuiper, Counsel, Attn: Comments, Room NYA-
5046, Federal Deposit Insurance Corporation, 550 17th Street NW., 
Washington, DC 20429.
     Hand Delivery: Comments may be hand delivered to the guard 
station at the rear of the 550 17th Street Building (located on F 
Street) on business days between 7 a.m. and 5 p.m.
    Public Inspection: All comments received will be posted without 
change to https://www.fdic.gov/regulations/laws/federal/propose.html 
including any personal information provided. Comments may be inspected 
at the FDIC Public Information Center, Room E-1002, 3501 Fairfax Drive, 
Arlington, VA 22226, between 9 a.m. and 5 p.m. on business days.
    Additionally, commenters may send a copy of their comments to the 
OMB desk officer for the agencies by mail to the Office of Information 
and Regulatory Affairs, U.S. Office of Management and Budget, New 
Executive Office Building, Room 10235, 725 17th Street NW., Washington, 
DC 20503; by fax to (202) 395-6974; or by email to oira 
submission@omb.eop.gov.

FOR FURTHER INFORMATION CONTACT: For further information about the 
revisions discussed in this notice, please contact any of the agency 
clearance officers whose names appear below. In addition, copies of the 
Call Report forms and instructions can be obtained at the FFIEC's Web 
site (https://www.ffiec.gov/ffiec_report_forms.htm).
    OCC: Mary H. Gottlieb and Johnny Vilela, OCC Clearance Officers, 
(202) 649-6301 and (202) 649-7265, Legislative and Regulatory 
Activities Division, Office of the Comptroller of the Currency, 
Washington, DC 20219.
    Board: Cynthia Ayouch, Federal Reserve Board Clearance Officer, 
(202) 452-3829, Division of Research and Statistics, Board of Governors 
of the Federal Reserve System, 20th and C Streets NW., Washington, DC 
20551. Telecommunications Device for the Deaf (TDD) users may call 
(202) 263-4869.
    FDIC: Gary A. Kuiper, Counsel, (202) 898-3877, Legal Division, 
Federal Deposit Insurance Corporation, 550 17th Street NW., Washington, 
DC 20429.

SUPPLEMENTARY INFORMATION: The agencies are proposing to revise and 
extend for three years the Call Report, which is currently an approved 
collection of information for each agency.
    Report Title: Consolidated Reports of Condition and Income (Call 
Report).
    Form Number: Call Report: FFIEC 031 (for banks and savings 
associations with domestic and foreign offices) and FFIEC 041 (for 
banks and savings associations with domestic offices only).
    Frequency of Response: Quarterly.
    Affected Public: Business or other for-profit.

OCC:

    OMB Number: 1557-0081.
    Estimated Number of Respondents: 1,810 national banks and federal 
savings associations.
    Estimated Time per Response: 53.81 burden hours per quarter to 
file.
    Estimated Total Annual Burden: 389,570 burden hours to file.

Board:

    OMB Number: 7100-0036.
    Estimated Number of Respondents: 843 state member banks.
    Estimated Time per Response: 55.70 burden hours per quarter to 
file.
    Estimated Total Annual Burden: 187,820 burden hours to file.

FDIC:

    OMB Number: 3064-0052.
    Estimated Number of Respondents: 4,404 insured state nonmember 
banks and state savings associations.
    Estimated Time per Response: 40.57 burden hours per quarter to 
file.
    Estimated Total Annual Burden: 714,681 burden hours to file.
    The estimated time per response for the quarterly filings of the 
Call Report is an average that varies by agency because of differences 
in the composition of the institutions under each agency's supervision 
(e.g., size distribution of institutions, types of activities in which 
they are engaged, and existence of foreign offices). The average 
reporting burden for the filing of the Call Report as it is proposed to 
be revised is estimated to range from 17 to 720 hours per quarter, 
depending on an individual institution's circumstances.
    Type of Review: Revision and extension of currently approved 
collections.

General Description of Reports

    These information collections are mandatory: 12 U.S.C. 161 (for 
national banks), 12 U.S.C. 324 (for state member banks), 12 U.S.C. 1817 
(for insured state nonmember commercial and savings banks), and 12 
U.S.C. 1464 (for federal and state savings associations). At present, 
except for selected data items, these information collections are not 
given confidential treatment.

Abstract

    Institutions submit Call Report data to the agencies each quarter 
for the agencies' use in monitoring the condition, performance, and 
risk profile of individual institutions and the industry as a whole. 
Call Report data provide the most current statistical data available 
for evaluating institutions' corporate applications, identifying areas 
of focus for on-site and off-site examinations, and monetary and other 
public policy purposes. The agencies use Call Report data in evaluating 
interstate merger and acquisition applications to determine, as 
required by law, whether the resulting institution would control more 
than ten percent of the total amount of deposits of insured depository 
institutions in the United States. Call Report data also are used to 
calculate institutions' deposit insurance and Financing Corporation 
assessments and national banks' and federal savings associations' 
semiannual assessment fees.

Current Actions

    On February 21, 2013, the agencies requested comment on a number of 
proposed revisions to the Call Report (78 FR 12141) for implementation 
as of the June 30, 2013, report date, except for one new data item 
proposed to be added to the Call Report effective December 31, 2013. 
These revisions were proposed with the intent to provide data needed 
for reasons of safety and soundness or other public purposes by the 
members of the FFIEC that use Call Report data to carry out their 
missions and responsibilities, including the agencies, the Bureau of 
Consumer Financial Protection (Bureau), and state supervisors of banks 
and savings associations.

[[Page 30924]]

    The proposed Call Report changes included:
 A question that would be added to Schedule RC-E, Deposit 
Liabilities, asking whether the reporting institution offers separate 
deposit products (other than time deposits) to consumers compared to 
businesses, and
    [cir] For those institutions with $1 billion or more in total 
assets that offer separate products, new data items on the quarter-end 
amount of certain types of consumer transaction accounts and 
nontransaction savings deposit accounts that would be reported in 
Schedule RC-E, and
    [cir] For all institutions that offer separate products, a new 
breakdown on the year-to-date amounts of certain types of service 
charges on consumer deposit accounts reported as noninterest income in 
Schedule RI, Income Statement;
 A request for information on international remittance 
transfers in Schedule RC-M, Memoranda, including:
    [cir] Questions about types of international remittance transfers 
offered, the settlement systems used to process the transfers, and 
whether the number of remittance transfers provided exceeds or is 
expected to exceed the Bureau's safe harbor threshold (more than 100 
transfers); and
    [cir] New data items to be reported by institutions not qualifying 
for the safe harbor on the number and dollar amount of international 
remittance transfers;
 New data items in Schedule RC-M for reporting all trade names 
that differ from an institution's legal title that the institution uses 
to identify physical branches and public-facing Internet Web sites;
 Additional data to be reported in Schedule RC-O, Other Data 
for Deposit Insurance and FICO Assessments, by large institutions and 
highly complex institutions (generally, institutions with $10 billion 
or more in total assets) to support the FDIC's large bank pricing 
method for insurance assessments, including a new table of consumer 
loans by loan type and probability of default band, new data items 
providing information on loans secured by real estate at institutions 
with foreign offices, revisions of existing data items on real estate 
loan commitments and U.S. government-guaranteed real estate loans to 
include those in foreign offices, and other revisions to the 
information collected on assets guaranteed by the U.S. government;
 A new data item in Schedule RC-M applicable only to 
institutions whose parent depository institution holding company is not 
a bank or savings and loan holding company in which the institution 
would report the total consolidated liabilities of its parent 
depository institution holding company annually as of December 31 to 
support the Board's administration of the financial sector 
concentration limit established by the Dodd-Frank Act; and
 A revision of the scope of the existing item in Schedule RI-A, 
Changes in Bank Equity Capital, for ``Other transactions with parent 
holding company'' to include such transactions with all stockholders.
    In addition, the agencies invited comments on their plans to 
continue the collection of two existing items on the amount and number 
of noninterest-bearing transaction accounts of more than $250,000 in 
Schedule RC-O in the March 2013 and future Call Reports, subject to 
further review and reconsideration of the collection of these data.
    Further details concerning the preceding Call Report proposals may 
be found in Sections II.A through II.F of the agencies' February 2013 
Federal Register notice.\1\
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    \1\ See 78 FR 12141-12154, February 21, 2013.
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Comments Received

    The comment period on the proposed changes closed on April 22, 
2013. The agencies collectively received comments on their February 
2013 Federal Register notice from 33 entities: 20 banking 
organizations, seven bankers' associations, four consumer advocacy 
organizations, one life insurers' association, and one government 
agency. Comments received on the proposed changes that will be 
finalized for the June 30, 2013, report date are discussed in detail 
below.
    Many of the comments received opposed one or more of the proposed 
changes, although some supported one or more of these changes. 
Therefore, after considering the comments the agencies received, the 
FFIEC and the agencies are proceeding at this time only with two of the 
proposed Call Report revisions: (1) The scope revision affecting the 
reporting of certain changes in bank equity capital on Schedule RI-A; 
and (2) the reporting changes for large and highly complex institutions 
for deposit insurance assessment purposes. As discussed further below, 
the agencies have made certain modifications to the proposed assessment 
data changes in response to comments received. The effective date of 
these reporting changes would be June 30, 2013, as had been proposed. 
However, for large and highly complex institutions with foreign 
offices, the reporting of foreign office data in certain existing items 
in Schedule RC-O, Other Data for Deposit Insurance and FICO 
Assessments, that currently capture only domestic office data would be 
optional as of June 30, 2013, and required effective September 30, 
2013. The agencies also would continue collecting the existing Schedule 
RC-O items on the amount and number of noninterest-bearing transaction 
accounts of more than $250,000 from all institutions through December 
31, 2013, after which these items would be eliminated.
    As for the other new data items that had been proposed to be added 
to the Call Report effective June 30, 2013 (and one new item proposed 
to be collected annually beginning December 31, 2013), the FFIEC and 
the agencies are continuing to evaluate these proposed new Call Report 
items in light of the comments received. When the FFIEC and the 
agencies have decided whether and how to proceed with these other 
proposed new data items, a separate Federal Register notice would be 
published and, if applicable, submissions by the agencies would be made 
to OMB. Because of the additional time necessary for the FFIEC and the 
agencies to determine the outcome of these additional proposed Call 
Report revisions and to allow sufficient lead time for affected 
institutions to prepare for any resulting new reporting requirements, 
implementation of the following revisions would take effect no earlier 
than December 31, 2013:
     International remittance transfers (including certain 
questions about remittance transfer activity and, for institutions not 
qualifying for the Bureau's safe harbor, data items on the number and 
amount of remittance transfers); and
     Trade names other than an institution's legal title used 
to identify physical branches and Internet Web sites.
    In addition, implementation of the following revisions would take 
effect no earlier than March 31, 2014:
     Consumer deposit accounts (including the screening 
question about an institution's offering of such deposits, consumer 
transaction and nontransaction savings deposit account

[[Page 30925]]

balances for institutions with $1 billion or more in total assets, and 
data on certain service charges on consumer deposit accounts); and
     Total liabilities of an institution's parent depository 
institution holding company that is not a bank or savings and loan 
holding company.\2\
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    \2\ Total liabilities would be reported annually. The data to be 
reported would be the amount of total liabilities as of the end of 
the calendar year preceding the quarter-end collection date of this 
proposed annual data item; e.g., if the reporting requirement took 
effect March 31, 2014, the total liabilities as of December 31, 
2013, would be reported.
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Final Call Report Changes

    Reporting Certain Transactions with Stockholders--The agencies 
proposed to revise the scope of Schedule RI-A, item 11, which is 
currently captioned ``Other transactions with parent holding company,'' 
to include capital contributions received from stockholders other than 
an institution's parent holding company when stock is not issued, 
property dividends involving stockholders other than a parent holding 
company, and return-of-capital transactions with all stockholders, 
including a parent holding company. In addition, the agencies proposed 
to change the caption for this item to read ``Other transactions with 
stockholders (including a parent holding company).'' The agencies 
received no comments on this proposed change, which will be 
incorporated into the Call Report effective June 30, 2013, as proposed.
    Reporting Changes for Large and Highly Complex Institutions--The 
agencies' February 2013 Federal Register notice explained that the FDIC 
Board of Directors had approved a final rule in October 2012 that 
amended certain aspects of the methodology set forth in the FDIC's 
assessment regulations (12 CFR part 327) for determining the deposit 
insurance assessment rates for large and highly complex 
institutions.\3\ This ``large bank pricing rule,'' originally adopted 
by the FDIC Board in February 2011,\4\ uses a scorecard method to 
determine a large or highly complex institution's assessment rate. One 
of the financial ratios used in the scorecard is the ratio of higher-
risk assets to Tier 1 capital and reserves. The FDIC's October 2012 
assessments final rule, which took effect April 1, 2013, (1) revises 
the definitions of certain higher-risk assets in the February 2011 
assessments rule, specifically leveraged loans, which are renamed 
``higher-risk commercial and industrial (C&I) loans and securities,'' 
and subprime consumer loans, which are renamed ``higher-risk consumer 
loans''; (2) clarifies when an asset must be classified as higher risk; 
(3) clarifies the way securitizations are identified as higher risk; 
and (4) further defines terms that are used in the large bank pricing 
rule.
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    \3\ See 77 FR 66000, October 31, 2012.
    \4\ See 76 FR 10672, February 25, 2011.
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    The agencies' February 2013 Federal Register notice also explained 
that, in response to large and highly complex institutions' concerns 
about their ability to identify loans meeting the subprime and 
leveraged loan definitions in the FDIC's February 2011 assessments 
rule, the agencies provided transition guidance for reporting subprime 
consumer and leveraged loans and securities that took effect with the 
initial reporting of these data in Schedule RC-O, Other Data for 
Deposit Insurance and FICO Assessments, as of June 30, 2011. The 
transition period for identifying and reporting subprime and leveraged 
loans has been extended over time to April 1, 2013. Because the FDIC's 
October 2012 assessments final rule amended the definitions of subprime 
and leveraged loans and securities and renamed these higher-risk asset 
categories, the agencies stated in their February 2013 Federal Register 
notice that they would make corresponding changes to Memorandum items 8 
and 9 of Schedule RC-O, recaptioning these items to read ```Higher-risk 
consumer loans' as defined for assessment purposes only in FDIC 
regulations'' and ```Higher-risk commercial and industrial loans and 
securities' as defined for assessment purposes only in FDIC 
regulations,'' respectively. The agencies also stated that the 
instructions for these two Schedule RC-O Memorandum items would be 
revised to incorporate the revised definitions of these higher-risk 
asset categories in the FDIC's October 2012 assessments final rule, 
including the clarified definitions of higher-risk securitizations.\5\ 
The effective date for these revisions was scheduled for June 30, 2013, 
the first report date after the April 1, 2013, effective date of the 
FDIC's October 2012 assessments final rule.\6\
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    \5\ The FDIC's October 2012 assessments final rule defines 
``higher-risk consumer loans,'' ``higher-risk commercial and 
industrial loans,'' and ``higher-risk securitizations'' in Sections 
I.A.3, I.A.2, and I.A.5, respectively, of Appendix C to Subpart A to 
Part 327 of the FDIC's regulations.
    \6\ As stated in the agencies' final Paperwork Reduction Act 
Federal Register notice pertaining to the introduction of the 
Schedule RC-O reporting requirements for large and highly complex 
institutions (76 FR 77321, December 12, 2011), when ``the 
definitions of these high-risk asset categories . . . are revised 
through FDIC rulemaking, the definitions of these asset categories 
in the agencies' regulatory reporting instructions will be revised 
in the same manner to maintain conformity with the assessment 
regulations.''
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    In addition, as previously mentioned, the FFIEC and the agencies 
proposed in their February 2013 Federal Register notice to implement 
several revisions to the data to be reported in Schedule RC-O by large 
institutions and highly complex institutions to support the FDIC's 
large bank pricing method for insurance assessments. These revisions, 
which were proposed to take effect June 30, 2013, included a new table 
of consumer loans by loan type and probability of default band, new 
data items providing information on loans secured by real estate in 
foreign offices, revisions of certain existing data items on real 
estate loan commitments and U.S. government-guaranteed real estate 
loans to include those in foreign offices, and revisions to the 
information collected on government-guaranteed assets to include the 
portion of non-agency residential mortgage-backed securities and loans 
covered under FDIC loss-sharing agreements.
    In a joint letter, three bankers' associations\7\ commented on 
several aspects of the Schedule RC-O reporting changes applicable to 
large and highly complex institutions. These commenters generally 
supported the proposed revisions, but recommended some modifications as 
discussed below.
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    \7\ The American Bankers Association, the Financial Services 
Roundtable, and the Consumer Bankers Association.
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    First, these associations recommended clarification of the 
definition of ``higher-risk commercial and industrial loans and 
securities'' in the draft of the revised Call Report instructions for 
Schedule RC-O, Memorandum item 9, to exclude loans to individuals for 
commercial, industrial, and professional purposes. The bankers' 
associations also commented that commercial loans of at least $5 
million to individuals to finance material acquisitions, buyouts, or 
capital distributions are exceedingly rare, so excluding loans to 
individuals from being reported as ``higher-risk C&I loans and 
securities'' will not have a noticeable impact on the aggregate amount 
of such higher-risk assets. Adding an exclusion for loans to 
individuals for commercial, industrial, and professional purposes to 
the draft revised Memorandum item 9 instructions would be consistent 
with the existing instructions for reporting leveraged loans and 
securities in Memorandum item 9. The agencies plan to clarify the draft 
revised Memorandum item 9.

[[Page 30926]]

    The bankers' associations also commented that it is unclear how an 
institution could evaluate loans to proprietorships and partnerships 
against the definition of ``higher-risk C&I loans and securities,'' 
asserting that the financial statements of such firms do not include 
the data needed to calculate the leverage and materiality tests 
included in the definition. However, because ``higher-risk C&I loans 
and securities,'' as defined, include certain loans with an original 
amount of at least $5 million, the agencies do not agree with this 
assertion and would expect that institutions, when lending such an 
amount to a commercial borrower, including a sole proprietorship or 
partnership, would regularly obtain financial statements that include 
the necessary data to determine debt levels and calculate debt-to-
EBITDA \8\ ratios. The decision to exclude loans to individuals for 
commercial, industrial, and professional purposes from ``higher-risk 
C&I loans and securities'' was based upon the fact that EBITDA cannot 
be calculated for an individual; \9\ however, this is not the case for 
a commercial borrower operating as a sole proprietorship or 
partnership. Therefore, the definition of higher-risk C&I loans will 
not exclude loans to sole proprietorships and partnerships.
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    \8\ EBITDA is defined as earnings before interest, taxes, 
depreciation, and amortization.
    \9\ Under U.S. generally accepted accounting principles, 
personal financial statements prepared for individuals for such 
purposes as obtaining credit include a statement of financial 
condition that presents assets at their estimated current values and 
liabilities at their estimated current amounts. The presentation of 
a statement of changes in net worth is optional. See Accounting 
Standards Codification Topic 274, Personal Financial Statements.
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    Second, the three associations recommended that large and highly 
complex institutions with foreign offices report the proposed breakdown 
of their ``loans secured by real estate'' for the consolidated 
institution (i.e., for both domestic and foreign offices) in Schedule 
RC-C, Part I, rather than in new Memorandum items in Schedule RC-O as 
had been proposed. All institutions with foreign offices file the FFIEC 
031 version of the Call Report and they currently report a nine-
category breakdown of their loans secured by real estate in domestic 
offices, but at present they report only the total amount of loans 
secured by real estate for the consolidated institution. The 
associations asserted that requiring only those institutions with 
foreign offices that are large or highly complex institutions to 
include the real estate breakdown in Schedule RC-C, Part I, could be 
dealt with instructionally and would not cause confusion since special 
instructions are already in place to explain which subsets of 
institutions are required to report certain types of loan data in 
Schedule RC-C, Part I. The agencies agree with the associations' 
recommendation. Accordingly, Schedule RC-C, Part I, on the FFIEC 031 
version of the Call Report would be revised to include the nine-
category breakdown of loans secured by real estate for the consolidated 
institution. The Call Report instructions and the FFIEC 031 Call Report 
form would state that this breakdown is to be provided only by large 
and highly complex institutions.
    Third, the three bankers' associations recommended that the two-
year probability of default table in proposed Schedule RC-O, Memorandum 
item 19,\10\ combine Memorandum items 19.d and 19.e for revolving, 
open-end loans secured by first and junior liens, respectively, on 1-4 
family residential properties and extended under lines of credit into a 
single item, rather than requiring large and highly complex 
institutions to report these categories of loans separately. The 
associations stated that because Schedule RC-C, part I, Loans and 
Leases, does not currently require institutions to separately report 
first and junior lien revolving credits, institutions' reporting 
systems are not currently designed to separately identify these 
credits. As a consequence, the associations questioned the merits of 
imposing such a systems change on institutions given the cost and 
burden that would be involved. The agencies agree with the 
associations' recommendation and would revise the two-year probability 
of default table so that large and highly complex institutions would 
report the two-year probability of default for all revolving, open-end 
loans secured by 1-4 family residential properties and extended under 
lines of credit without regard to their lien position.\11\
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    \10\ As described above, the nine-category breakdown of loans 
secured by real estate for the consolidated institution, which 
initially had been designated Memorandum item 18 of Schedule RC-O, 
would be moved from Schedule RC-O to Schedule RC-C, part I, item 1, 
column A, on the FFIEC 031 version of the Call Report. As a result, 
the two-year probability of default table, which initially had been 
designated Memorandum item 19 of Schedule RC-O, would be renumbered 
as Memorandum item 18 of Schedule RC-O in the Call Report forms for 
June 30, 2013.
    \11\ The combined items would be designated as renumbered 
Memorandum item 18.d in the Call Report forms for June 30, 2013. As 
a result of this change, the Schedule RC-O Memorandum items that 
initially had been numbered 19.f through 19.k would be renumbered as 
Memorandum items 18.e through 18.j.
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    Fourth, the three associations' comment letter stated that, based 
on the provisions of the FDIC's October 2012 assessments final rule, 
large and highly complex institutions expected that Schedule RC-O would 
be revised to require them to report higher-risk securitizations 
separately from nontraditional 1-4 family residential mortgage loans, 
higher-risk consumer loans, and higher-risk C&I loans. The associations 
indicated that large and highly complex institutions would prefer to 
report these higher-risk securitizations separately from the three 
categories of higher-risk loans. The associations further believe that 
the separate reporting of higher-risk securitizations would allow the 
FDIC and the other banking agencies to examine the validity of the 
associations' previous argument that the structure of a securitization 
should be considered when determining whether a securitization is truly 
higher-risk. The agencies agree that reporting higher-risk 
securitizations separately from higher-risk loans, as recommended by 
the associations, would be beneficial. Accordingly, the agencies would 
split Memorandum items 7, 8, and 9 of Schedule RC-O into two items 
each, which will enable large and highly complex institutions to report 
the amount of securitizations of (1) nontraditional 1-4 family 
residential mortgage loans (Memorandum item 7.b), (2) higher-risk 
consumer loans (Memorandum item 8.b), and (3) higher-risk C&I loans 
(Memorandum item 9.b) separately from the three categories of higher-
risk loans themselves (Memorandum items 7.a, 8.a, and 9.a). Separate 
reporting of these three categories of higher-risk securitizations 
would allow the FDIC to better track and analyze the composition of a 
bank's higher-risk assets.
    Fifth, Schedule RC-O, Memorandum items 10.a and 10.b, provide 
certain data on unfunded commitments for construction, land 
development, and other land loans secured by real estate (construction 
loans) while Memorandum items 13.a through 13.d collect data on the 
U.S. government-guaranteed or -insured portion of four categories of 
funded loans secured by real estate. The agencies proposed to revise 
these existing Schedule RC-O Memorandum items on the FFIEC 031 version 
of the Call Report by expanding their scope to include commitments and 
loans in both foreign and domestic offices rather than only domestic 
offices. The three bankers' associations agreed that this proposed 
change would enable large and highly complex institutions

[[Page 30927]]

with foreign offices to ``report more accurately the balances needed 
for Large Bank Pricing,'' but their letter stated that these 
institutions would not have sufficient time to be prepared to report as 
of June 30, 2013, their commitments to fund construction loans in 
foreign offices, the portion of such unfunded commitments that are 
guaranteed or insured by the U.S. government, and the portion of the 
four categories of funded real estate loans in foreign offices that are 
guaranteed or insured by the U.S. government. The agencies acknowledge 
that large and highly complex institutions with foreign offices may 
need additional time to comply with the expanded scope of Memorandum 
items 10.a, 10.b, and 13.a through 13.d of Schedule RC-O. Accordingly, 
the reporting of foreign office data in these Memorandum items would be 
optional for June 30, 2013, and required beginning September 30, 
2013.\12\ A large or highly complex institution that opts not to report 
the foreign office data in Memorandum items 10.a, 10.b, and 13.a 
through 13.d of Schedule RC-O when it initially files its Call Report 
for June 30, 2013, would be permitted, but not required, to amend the 
amounts originally reported in these Schedule RC-O Memorandum items for 
June 30 after it has the systems in place to gather the necessary 
foreign office data.
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    \12\ Large and highly complex institutions with foreign offices 
would continue to be required to report domestic office data in 
Memorandum items 10.a, 10.b, and 13.a through 13.d of Schedule RC-O 
in their Call Reports for June 30, 2013.
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    Noninterest-bearing Transaction Accounts of More than $250,000--In 
their February 2013 Federal Register notice, the agencies stated that 
they would continue to collect Memorandum items 5.a and 5.b of Schedule 
RC-O on the amount and number of noninterest-bearing transaction 
accounts of more than $250,000 for which temporary unlimited deposit 
insurance coverage ended on December 31, 2012. The agencies' interest 
in monitoring the behavior of these deposit accounts following the 
change in insurance coverage could be fulfilled through institutions' 
continued reporting of these Memorandum items. The agencies stated that 
they would review the reported information and reconsider its 
collection when the number of accounts and amount of deposits 
stabilizes.
    In their joint comment letter, the three bankers' associations 
encouraged the agencies to discontinue collecting Memorandum items 5.a 
and 5.b because the need to monitor the volume of deposits covered by 
the temporary unlimited deposit insurance is no longer relevant. The 
associations also noted the reporting burden associated with these 
Memorandum items and stated that the agencies can analyze other deposit 
data collected in the Call Report to monitor significant deposit 
runoff. The agencies recognize that there is ongoing burden associated 
with the continued collection of data on the amount and number of 
noninterest-bearing transaction accounts of more than $250,000. In this 
regard, the agencies' burden estimates for the Call Report, which are 
disclosed earlier in this notice, continue to include the estimated 
burden of these two Schedule RC-O Memorandum items.
    The March 2013 Call Report data on noninterest-bearing transaction 
accounts of more than $250,000 have recently become available, which 
will allow the agencies to track any initial movements of these funds 
and accounts since year-end 2012. Nevertheless, whether migrations of 
these balances and accounts among individual insured institutions and 
within the entire depository institution system will begin or continue 
to occur, including monitoring whether any initial declines in 
noninterest-bearing transaction accounts of more than $250,000 are 
temporary, remains to be seen. The behavior of these deposit accounts 
following their reduction in deposit insurance coverage also will 
inform any future deliberations about temporary increases in deposit 
insurance and their subsequent effects. Nevertheless, to provide 
certainty to institutions about the extent to which they will need to 
continue supplying data on the amount and number on noninterest-bearing 
transaction accounts of more than $250,000, the agencies have agreed to 
terminate the collection of Memorandum items 5.a and 5.b after the 
December 31, 2013, report date.\13\
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    \13\ Similarly, the agencies would also terminate the collection 
of the corresponding Memorandum items 5.a and 5.b of Schedule O on 
the Report of Assets and Liabilities of U.S. Branches and Agencies 
of Foreign Banks (FFIEC 002; OMB No. 7100-0032) after the December 
31, 2013, report date.
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    Other Matters--In November 2009, the FDIC Board of Directors 
approved a final rule requiring insured depository institutions to 
prepay 13 quarters of estimated risk-based deposit insurance 
assessments to strengthen the cash position of the Deposit Insurance 
Fund.\14\ These assessments were prepaid on December 30, 2009. As 
required by the final rule, the FDIC will be returning each 
institution's remaining prepaid assessment, if any, on June 28, 2013. 
As a consequence, as of June 30, 2013, each institution will have a 
zero balance for prepaid deposit insurance assessments. Thus, item 6.f, 
``Prepaid deposit insurance assessments,'' of Call Report Schedule RC-
F, Other Assets,\15\ would no longer be necessary as of the June 30, 
2013, report date and would be removed from the schedule as of that 
date. The caption for item 6.f would be revised to read ``Not 
applicable.''
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    \14\ 74 FR 59056, November 17, 2009.
    \15\ An institution completes item 6.f of Schedule RC-F if the 
remaining amount of its prepaid assessments is greater than $25,000 
and exceeds 25 percent of the amount the institution reports for 
``All other assets'' in Schedule RC-F, item 6.
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    In August 2012, the agencies published a joint final rule revising 
their market risk capital rules effective January 1, 2013.\16\ The 
joint final rule modified the definition of a covered position, revised 
the calculation of the measure for market risk, and eliminated Tier 3 
capital. Thus, Schedule RC-R, Regulatory Capital, item 19, ``Tier 3 
capital allocated for market risk,'' is no longer necessary and would 
be removed from the schedule effective June 30, 2013. The caption for 
item 19 would be revised to read ``Not applicable.'' \17\
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    \16\ 77 FR 53060, August 30, 2012.
    \17\ Similarly, corresponding Schedule A, item 20, ``Tier 3 
capital allocated for market risk,'' on the Risk-Based Capital 
Reporting for Institutions Subject to the Advanced Capital Adequacy 
Framework (FFIEC 101; OMB Nos. 1557-0239, 7100-0319, and 3064-0159) 
is no longer necessary and the item would be removed from the 
schedule effective June 30, 2013. The caption for item 20 also would 
be revised to read ``Not applicable.''
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Request for Comment

    Public comment is requested on all aspects of this joint notice. 
Comments are invited on:
    (a) Whether the proposed revisions to the collections of 
information that are the subject of this notice are necessary for the 
proper performance of the agencies' functions, including whether the 
information has practical utility;
    (b) The accuracy of the agencies' estimates of the burden of the 
information collections as they are proposed to be revised, including 
the validity of the methodology and assumptions used;
    (c) Ways to enhance the quality, utility, and clarity of the 
information to be collected;
    (d) Ways to minimize the burden of information collections on 
respondents, including through the use of automated collection 
techniques or other forms of information technology; and
    (e) Estimates of capital or start up costs and costs of operation, 
maintenance, and purchase of services to provide information.
    Comments submitted in response to this joint notice will be shared 
among the agencies. All comments will become a matter of public record.


[[Page 30928]]


    Dated: May 15, 2013.
Michele Meyer,
Assistant Director, Legislative and Regulatory Activities Division, 
Office of the Comptroller of the Currency.
    Board of Governors of the Federal Reserve System, May 16, 2013.
Robert deV. Frierson,
Secretary of the Board.
    Dated at Washington, DC, this 15th day of May, 2013.

Federal Deposit Insurance Corporation.
Valerie J. Best,
Assistant Executive Secretary.
[FR Doc. 2013-12220 Filed 5-22-13; 8:45 am]
BILLING CODE 6210-01-P; 4810-33-P; 6714-01-P