Agency Information Collection Activities: Information Collection Renewal; Submission for OMB Review; Subordinated Debt, 35737-35739 [2015-15297]
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tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Notices
electronic mail to prainfo@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 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
include any information in your
comment or supporting materials that
you consider confidential or
inappropriate for public disclosure.
Additionally, please send a copy of
your comments by mail to: OCC Desk
Officer, 1557–NEW, U.S. Office of
Management and Budget, 725 17th
Street NW., #10235, Washington, DC
20503, or by email to: oira_submission@
omb.eop.gov.
FOR FURTHER INFORMATION CONTACT:
Shaquita Merritt, OCC Clearance
Officer, (202) 649–5490, for persons
who are deaf or hard of hearing, TTY,
(202) 649–5597, Legislative and
Regulatory Activities Division, Office of
the Comptroller of the Currency, 400 7th
Street SW., Washington, DC 20219.
SUPPLEMENTARY INFORMATION: The OCC
is requesting OMB approval for the
following information collection:
Title: Domestic Residential Home
Equity Lending Data.
OMB Control Number: To be assigned
by OMB.
Description: Comprehensive home
equity line of credit data is vital to
assessing and monitoring credit quality
and loss mitigation activities in the
residential mortgage market and the
federal banking system. This data is
important and necessary to support
supervisory activities to ensure the
safety and soundness of the federal
banking system. Where the respondent
is both the servicer and originator of a
home equity loan or line of credit, the
Home Equity Residential Lending Data
collection would include origination
data and only servicing data where the
respondent services for others. Detailed
loan-level data would be collected
monthly and portfolio-level data
collected quarterly. All data collected
would be based on standard data and
definitions.
The reported loan-level data items
would include: Loan number; property
information; loan, line, and appraisal
amounts; loan documentation
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Jkt 235001
information; loan-to-values and debt-to
income-ratios; non-personally
identifiable borrower information;
bankruptcy and foreclosure status; and
other loan information. The reported
portfolio-level data would include: total
managed Home Equity portfolio (lines
and loans), total securitized Home
Equity portfolio, and other portfoliolevel information.
Also, in order to match senior and
junior lien residential mortgages on the
same collateral, the OCC would collect
additional information (add data
elements) on the residential mortgage
loans reported in Domestic First Lien
Residential Mortgage and the Domestic
Residential Home Equity Lending
datasets. This data would include:
Property and mailing address, census
tract, liquidation status, and original
lien position. By matching the senior
and junior liens by property ID, the OCC
would gain better insight into the level
of risk of both credit types, for example,
current loans secured by junior liens
behind past due loans secured by first
liens. The data is subject to an
information security program to ensure
its confidentiality.
Type of Review: Regular review.
Affected Public: Businesses or other
for-profit.
Estimated Number of Respondents:
64.
Estimated Annual Responses per
Respondent: 12.
Estimated Burden per Response: 430.
Estimated Total Annual Burden:
330,240 hours.
An agency may not conduct or
sponsor, and a respondent is not
required to respond to, an information
collection unless the information
collection displays a currently valid
OMB control number.
The OCC published a notice regarding
this collection on September 5, 2014 for
60 days of comment (79 FR 53102). One
comment was received regarding the
collection from a trade association.
The trade association acknowledged
that, while the notice provided a general
description of the data requested, it did
not include the specific data templates.
In addition, it was not clear to the
commenter which national banks would
be subject to the data collection, the
timeframe for submission, and the
effective date of the collection. The
commenter also suggested that the data
collection might duplicate data that
banking organizations already are
providing to the Federal Reserve Board
(FRB) in connection with the FR Y–14
reporting requirements and pointed out
that the potential for duplication is
especially relevant to national banks
that are the dominant subsidiary in a
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Sfmt 4703
35737
holding company structure. The
commenter recommended coordination
of the data collection with the FRB to
minimize duplicative or divergent
reporting requirements. The commenter
suggested that the OCC consider
accepting data currently submitted to
the FRB in connection with the FR Y–
14 in satisfaction of the data collection
or work with the FRB to establish a
single set of data with identical file
layouts and definitions. The commenter
suggested, as an alternative, having the
FRB add data elements to the FR Y–14
that designate whether a loan is part of
the bank or a non-bank affiliate.
The request for copies of the data
templates will be met by the
Information Collection Request, which
will be submitted to the Office of
Management and Budget and made
publicly available at www.reginfo.gov.
Furthermore, the OCC understands the
commenters concerns and is actively
exploring use of the FRB’s FR Y–14
data, where possible, in order to
decrease banks’ reporting burden.
Comments continue to be invited on:
(a) Whether the collection of
information is necessary for the proper
performance of the functions of the
OCC, including whether the information
shall have practical utility;
(b) The accuracy of the OCC’s
estimate of the burden of the collection
of information;
(c) Ways to enhance the quality,
utility, and clarity of the information to
be collected;
(d) Ways to minimize the burden of
the collection 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.
Dated: June 16, 2015.
Stuart E. Feldstein,
Director, Legislative and Regulatory Activities
Division.
[FR Doc. 2015–15248 Filed 6–19–15; 8:45 am]
BILLING CODE 4810–33–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
Agency Information Collection
Activities: Information Collection
Renewal; Submission for OMB Review;
Subordinated Debt
Office of the Comptroller of the
Currency (OCC), Treasury.
ACTION: Notice and request for comment.
AGENCY:
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35738
Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Notices
The OCC, as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on a continuing information
collection, as required by the Paperwork
Reduction Act of 1995 (PRA).
In accordance with the requirements
of the PRA, the OCC may not conduct
or sponsor, and the respondent is not
required to respond to, an information
collection unless it displays a currently
valid Office of Management and Budget
(OMB) control number.
The OCC is soliciting comment
concerning renewal of its information
collection titled, ‘‘Subordinated Debt.’’
The OCC also is giving notice that it has
sent the collection to OMB for review.
DATES: Comments must be submitted on
or before July 22, 2015.
ADDRESSES: 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:
1557–0320, 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 prainfo@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 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
include any information in your
comment or supporting materials that
you consider confidential or
inappropriate for public disclosure.
Additionally, please send a copy of
your comments by mail to: OCC Desk
Officer, 1557–0320, U.S. Office of
Management and Budget, 725 17th
Street NW., #10235, Washington, DC
20503, or by email to: oira_submission@
omb.eop.gov.
FOR FURTHER INFORMATION CONTACT:
Shaquita Merritt, Clearance Officer,
(202) 649–5490, for persons who are
deaf or hard of hearing, TTY, (202) 649–
5597, Legislative and Regulatory
Activities Division, Office of the
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:45 Jun 19, 2015
Jkt 235001
Comptroller of the Currency, 400 7th
Street SW., Suite 3E–218, Mail Stop
9W–11, Washington, DC 20219.
SUPPLEMENTARY INFORMATION: OMB
granted the OCC a six-month approval
for the information collection
requirements contained in the interim
final rule entitled ‘‘Subordinated Debt
Issued by a National Bank’’ (December
2014 Interim Final Rule).1 The OCC
obtained this approval under existing
OMB Control No. 1557–0320, which
contained the information collection
requirements in the interim final rule
entitled ‘‘Basel III Conforming
Amendments Related to CrossReferences, Subordinated Debt and
Limits Based on Regulatory Capital’’
(February 2014 Interim Final Rule).2
The OCC proposes to extend OMB
approval of the entire information
collection for the standard three year
period.
Title: Subordinated Debt.
OMB Control No.: 1557–0320.
Frequency of Response: On occasion.
Affected Public: Business or other forprofit.
Burden Estimates:
Prepayment of Subordinated Debt
in Form of Call Option: 184
respondents; 1.30 burden hours per
respondent; 239 total burden hours.
Authority to Limit Distributions:
42 respondents; 0.5 hours per
respondent; 21 total burden hours.
Total Burden: 260 hours.
Description: The OCC amended its
rules governing subordinated debt twice
in 2014. The first set of revisions,
contained in the February 2014 Interim
Final Rule, amended the rules
applicable to both national banks and
Federal savings associations (12 CFR
5.47 and 163.81, respectively). The
second revisions, contained in the
December 2014 Interim Final Rule,
amended only the rules applicable to
national banks.
The February 2014 Interim Final Rule
revised the requirements of 12 CFR 5.47
applicable to national banks.
Specifically, those revisions require that
all national banks must receive prior
OCC approval in order to prepay
subordinated debt that is included in
tier 2 capital and certain national banks
must receive prior OCC approval to
prepay subordinated debt that is not
included in tier 2 capital. If the
prepayment is in the form of a call
option and the subordinated debt is
included in tier 2 capital, a national
bank must submit the information
required for general prepayment
1 79
2 79
PO 00000
FR 75417 (December 18, 2014).
FR 11300 (February 28, 2014).
Frm 00115
Fmt 4703
Sfmt 4703
requests under 12 CFR 5.47(g)(1)(ii)(A) 3
and also must comply with 12 CFR
5.47(g)(1)(ii)(B)(2),4 which requires a
national bank to submit either: (1) A
statement explaining why the bank
believes that following the proposed
prepayment the bank would continue to
hold an amount of capital
commensurate with its risk or (2) a
description of the replacement capital
instrument that meets the criteria for
tier 1 or tier 2 capital under 12 CFR
3.20, including the amount of such
instrument and the time frame for
issuance.
The February 2014 Interim Final Rule
also revised the requirements of 12 CFR
163.81 5 applicable to Federal savings
associations. Specifically, those
revisions require a Federal savings
association to obtain prior OCC
approval to prepay subordinated debt
securities or mandatorily redeemable
preferred stock (covered securities)
included in tier 2 capital. In addition, if
the prepayment is in the form of a call
option, a Federal savings association
must submit the information required
for general prepayment requests under
12 CFR 163.81(j)(2)(i) and also comply
with 12 CFR 163.81(j)(2)(ii)(A), which
requires a Federal savings association to
submit either: (1) A statement
explaining why the Federal savings
association believes that following the
proposed prepayment the Federal
savings association would continue to
hold an amount of capital
commensurate with its risk or (2) a
description of the replacement capital
instrument that meets the criteria for
tier 1 or tier 2 capital under 12 CFR
3.20, including the amount of such
instrument and the time frame for
issuance.
The December 2014 Interim Final
Rule revised 12 CFR 5.47 to add a
disclosure requirement in 12 CFR
5.47(d)(3)(ii)(C). A national bank must
describe in the subordinated debt note
the OCC’s authority under 12 CFR 3.11
to limit distributions, including interest
payments on any tier 2 capital
instrument, if the national bank has full
discretion to permanently or
temporarily suspend such payments
without triggering an event of default.
The OCC issued a 60-day Federal
Register notice on April 14, 2015,
3 Appeared as § 5.47(n)(1)(ii)(B) in the February
2014 Interim Final Rule and subsequently
redesignated as § 5.47(g)(1)(ii)(B).
4 Appeared as § 5.47(n)(1)(ii)(A) in the February
2014 Interim Final Rule and subsequently
redesignated as § 5.47(g)(1)(ii)(A).
5 The OCC renumbered this section as new § 5.56
in its final rule entitled ‘‘Integration of National
Bank and Federal Savings Association Regulations:
Licensing Rules,’’ 80 FR 28346 (May 18, 2015).
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Federal Register / Vol. 80, No. 119 / Monday, June 22, 2015 / Notices
regarding the collection (80 FR 20074).
No comments were received regarding
the information collection. One
comment was received regarding
subordinated debt guidelines and
rulemakings issued separately by the
OCC. The comment will be considered
with regard to those issuances.
Comments continue to be invited on:
(a) Whether the collections of
information are necessary for the proper
performance of the OCC’s functions,
including whether the information has
practical utility;
(b) The accuracy of the OCC’s
estimates of the burden of the
information collections, 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 collections on respondents,
including through the use of automated
collection techniques or other forms of
information technology.
Dated: June 17, 2015.
Mary H. Gottlieb,
Regulatory Specialist, Legislative and
Regulatory Activities Division.
[FR Doc. 2015–15297 Filed 6–19–15; 8:45 am]
BILLING CODE 4810–33–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
Agency Information Collection
Activities: Proposed Information
Collection; Submission for OMB
Review; Domestic Credit Card Data
Office of the Comptroller of the
Currency (OCC), Treasury.
ACTION: Notice and request for comment.
AGENCY:
The OCC, as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on an information collection,
as required by the Paperwork Reduction
Act of 1995 (PRA).
In accordance with the requirements
of the PRA, the OCC may not conduct
or sponsor, and the respondent is not
required to respond to, an information
collection unless it displays a currently
valid Office of Management and Budget
(OMB) control number.
The OCC is soliciting comment
concerning its proposed information
collection titled, ‘‘Domestic Credit Card
Data.’’ The OCC also is giving notice
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:45 Jun 19, 2015
Jkt 235001
that the collection has been submitted to
OMB for review.
DATES: You should submit written
comments by: July 22, 2015.
ADDRESSES: 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–NEW, 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 prainfo@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 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
include any information in your
comment or supporting materials that
you consider confidential or
inappropriate for public disclosure.
Additionally, please send a copy of
your comments by mail to: OCC Desk
Officer, 1557–NEW, U.S. Office of
Management and Budget, 725 17th
Street NW., #10235, Washington, DC
20503, or by email to: oira_submission@
omb.eop.gov.
FOR FURTHER INFORMATION CONTACT:
Shaquita Merritt, OCC Clearance
Officer, (202) 649–5490, for persons
who are deaf or hard of hearing, TTY,
(202) 649–5597, Legislative and
Regulatory Activities Division, Office of
the Comptroller of the Currency, 400 7th
Street SW., Washington, DC 20219.
SUPPLEMENTARY INFORMATION: The OCC
is requesting approval on its proposed
information collection.
Title: Domestic Credit Card Data.
OMB Control Number: To be assigned
by OMB.
Description This collection involves
the provision of monthly
comprehensive credit card account-level
data to the OCC. The OCC requires this
comprehensive credit card data to
obtain a detailed picture of the activities
of national bank credit card issuers. The
scope of the credit card data includes
domestic general purpose, private label,
and business card portfolios (excluding
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Sfmt 4703
35739
corporate and government).
Additionally, it includes credit bureau
attributes at the account-level and
portfolio-level data. The collection
request covers all credit card receivables
managed by the largest national banks
credit card issuers and their
subsidiaries. The credit card accountlevel data requested uses common
definitions and data elements for asset
quality metrics (delinquencies, losses,
etc.), forbearance activities, and
segmentation by credit quality risk
indicators (such as credit scores). The
credit card portfolio-level data request
uses common definitions and data
elements for portfolio performance
metrics not likely to be captured at the
account level. The account-level data
collection frequency is monthly with
credit attributes collected quarterly; the
portfolio-level data collection is
quarterly using month-end data for each
month in the quarter. The data is subject
to an information security program to
ensure its confidentiality.
This collection supports OCC’s efforts
to perform risk-based supervision of
large banks by enhancing its
benchmarking and analytic capabilities.
Comprehensive credit card data allows
early warning analysis and
benchmarking across the largest
federally-regulated credit card issuers. A
standard set of data elements and
definitions allows sound conclusions to
be drawn regarding the credit card
industry. The data are important and
necessary to support supervisory
activities to ensure the safety and
soundness of the federal banking
system.
Type of Review: Regular review.
Affected Public: Businesses or other
for-profit.
Estimated Number of Respondents: 17
(16 institutions; 1 credit bureau).
Estimated Annual Responses per
Respondent: 12.
Estimated Burden per Response: 430
hours.
Estimated Total Annual Burden:
87,720 hours.
An agency may not conduct or
sponsor, and a respondent is not
required to respond to, an information
collection unless the information
collection displays a currently valid
OMB control number.
The OCC issued a notice regarding
this collection for 60 days of comment
on September 5, 2014, (79 FR 53101).
The OCC received two comments
regarding the collection from two trade
associations.
One trade association recommended
that the OCC: (a) Extend the comment
period for the information collection; (b)
publish a copy of the proposed
E:\FR\FM\22JNN1.SGM
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Agencies
[Federal Register Volume 80, Number 119 (Monday, June 22, 2015)]
[Notices]
[Pages 35737-35739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15297]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
Agency Information Collection Activities: Information Collection
Renewal; Submission for OMB Review; Subordinated Debt
AGENCY: Office of the Comptroller of the Currency (OCC), Treasury.
ACTION: Notice and request for comment.
-----------------------------------------------------------------------
[[Page 35738]]
SUMMARY: The OCC, as part of its continuing effort to reduce paperwork
and respondent burden, invites the general public and other Federal
agencies to take this opportunity to comment on a continuing
information collection, as required by the Paperwork Reduction Act of
1995 (PRA).
In accordance with the requirements of the PRA, the OCC may not
conduct or sponsor, and the respondent is not required to respond to,
an information collection unless it displays a currently valid Office
of Management and Budget (OMB) control number.
The OCC is soliciting comment concerning renewal of its information
collection titled, ``Subordinated Debt.'' The OCC also is giving notice
that it has sent the collection to OMB for review.
DATES: Comments must be submitted on or before July 22, 2015.
ADDRESSES: 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: 1557-0320, 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 prainfo@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 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 include any information in your comment or
supporting materials that you consider confidential or inappropriate
for public disclosure.
Additionally, please send a copy of your comments by mail to: OCC
Desk Officer, 1557-0320, U.S. Office of Management and Budget, 725 17th
Street NW., #10235, Washington, DC 20503, or by email to:
oira_submission@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, Clearance Officer,
(202) 649-5490, for persons who are deaf or hard of hearing, TTY, (202)
649-5597, Legislative and Regulatory Activities Division, Office of the
Comptroller of the Currency, 400 7th Street SW., Suite 3E-218, Mail
Stop 9W-11, Washington, DC 20219.
SUPPLEMENTARY INFORMATION: OMB granted the OCC a six-month approval for
the information collection requirements contained in the interim final
rule entitled ``Subordinated Debt Issued by a National Bank'' (December
2014 Interim Final Rule).\1\ The OCC obtained this approval under
existing OMB Control No. 1557-0320, which contained the information
collection requirements in the interim final rule entitled ``Basel III
Conforming Amendments Related to Cross-References, Subordinated Debt
and Limits Based on Regulatory Capital'' (February 2014 Interim Final
Rule).\2\ The OCC proposes to extend OMB approval of the entire
information collection for the standard three year period.
---------------------------------------------------------------------------
\1\ 79 FR 75417 (December 18, 2014).
\2\ 79 FR 11300 (February 28, 2014).
---------------------------------------------------------------------------
Title: Subordinated Debt.
OMB Control No.: 1557-0320.
Frequency of Response: On occasion.
Affected Public: Business or other for-profit.
Burden Estimates:
Prepayment of Subordinated Debt in Form of Call Option: 184
respondents; 1.30 burden hours per respondent; 239 total burden hours.
Authority to Limit Distributions: 42 respondents; 0.5 hours per
respondent; 21 total burden hours.
Total Burden: 260 hours.
Description: The OCC amended its rules governing subordinated debt
twice in 2014. The first set of revisions, contained in the February
2014 Interim Final Rule, amended the rules applicable to both national
banks and Federal savings associations (12 CFR 5.47 and 163.81,
respectively). The second revisions, contained in the December 2014
Interim Final Rule, amended only the rules applicable to national
banks.
The February 2014 Interim Final Rule revised the requirements of 12
CFR 5.47 applicable to national banks. Specifically, those revisions
require that all national banks must receive prior OCC approval in
order to prepay subordinated debt that is included in tier 2 capital
and certain national banks must receive prior OCC approval to prepay
subordinated debt that is not included in tier 2 capital. If the
prepayment is in the form of a call option and the subordinated debt is
included in tier 2 capital, a national bank must submit the information
required for general prepayment requests under 12 CFR 5.47(g)(1)(ii)(A)
\3\ and also must comply with 12 CFR 5.47(g)(1)(ii)(B)(2),\4\ which
requires a national bank to submit either: (1) A statement explaining
why the bank believes that following the proposed prepayment the bank
would continue to hold an amount of capital commensurate with its risk
or (2) a description of the replacement capital instrument that meets
the criteria for tier 1 or tier 2 capital under 12 CFR 3.20, including
the amount of such instrument and the time frame for issuance.
---------------------------------------------------------------------------
\3\ Appeared as Sec. 5.47(n)(1)(ii)(B) in the February 2014
Interim Final Rule and subsequently redesignated as Sec.
5.47(g)(1)(ii)(B).
\4\ Appeared as Sec. 5.47(n)(1)(ii)(A) in the February 2014
Interim Final Rule and subsequently redesignated as Sec.
5.47(g)(1)(ii)(A).
---------------------------------------------------------------------------
The February 2014 Interim Final Rule also revised the requirements
of 12 CFR 163.81 \5\ applicable to Federal savings associations.
Specifically, those revisions require a Federal savings association to
obtain prior OCC approval to prepay subordinated debt securities or
mandatorily redeemable preferred stock (covered securities) included in
tier 2 capital. In addition, if the prepayment is in the form of a call
option, a Federal savings association must submit the information
required for general prepayment requests under 12 CFR 163.81(j)(2)(i)
and also comply with 12 CFR 163.81(j)(2)(ii)(A), which requires a
Federal savings association to submit either: (1) A statement
explaining why the Federal savings association believes that following
the proposed prepayment the Federal savings association would continue
to hold an amount of capital commensurate with its risk or (2) a
description of the replacement capital instrument that meets the
criteria for tier 1 or tier 2 capital under 12 CFR 3.20, including the
amount of such instrument and the time frame for issuance.
---------------------------------------------------------------------------
\5\ The OCC renumbered this section as new Sec. 5.56 in its
final rule entitled ``Integration of National Bank and Federal
Savings Association Regulations: Licensing Rules,'' 80 FR 28346 (May
18, 2015).
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The December 2014 Interim Final Rule revised 12 CFR 5.47 to add a
disclosure requirement in 12 CFR 5.47(d)(3)(ii)(C). A national bank
must describe in the subordinated debt note the OCC's authority under
12 CFR 3.11 to limit distributions, including interest payments on any
tier 2 capital instrument, if the national bank has full discretion to
permanently or temporarily suspend such payments without triggering an
event of default.
The OCC issued a 60-day Federal Register notice on April 14, 2015,
[[Page 35739]]
regarding the collection (80 FR 20074). No comments were received
regarding the information collection. One comment was received
regarding subordinated debt guidelines and rulemakings issued
separately by the OCC. The comment will be considered with regard to
those issuances. Comments continue to be invited on:
(a) Whether the collections of information are necessary for the
proper performance of the OCC's functions, including whether the
information has practical utility;
(b) The accuracy of the OCC's estimates of the burden of the
information collections, 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 collections on
respondents, including through the use of automated collection
techniques or other forms of information technology.
Dated: June 17, 2015.
Mary H. Gottlieb,
Regulatory Specialist, Legislative and Regulatory Activities Division.
[FR Doc. 2015-15297 Filed 6-19-15; 8:45 am]
BILLING CODE 4810-33-P