Agency Information Collection Activities: Submission for OMB Review; Joint Comment Request, 55260-55263 [2016-19721]

Agencies

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

[Federal Register Volume 81, Number 160 (Thursday, August 18, 2016)]
[Notices]
[Pages 55260-55263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19721]



[[Page 55260]]

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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

AGENCY: 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 collections to be submitted to Office of 
Management and Budget (OMB) for review and approval under the Paperwork 
Reduction Act of 1995 (PRA).

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SUMMARY: In accordance with the requirements of the PRA (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 OMB 
control number.
    On April 18, 2016, the agencies, under the auspices of the Federal 
Financial Institutions Examination Council (FFIEC), published a notice 
in the Federal Register (81 FR 22702) to request public comment on a 
proposal to extend, with revision, the Regulatory Capital Reporting for 
Institutions Subject to the Advanced Capital Adequacy Framework (FFIEC 
101), which is a currently approved information collection. On April 
27, 2016, the agencies published a correction of the April 18 notice in 
the Federal Register (81 FR 24940). The agencies proposed to collect 
supplementary leverage ratio (SLR) data in new SLR Tables 1 and 2 of 
FFIEC 101 Schedule A from all banking organizations subject to the 
advanced approaches risk-based capital rule (generally, banking 
organizations with $250 billion or more in total consolidated assets or 
$10 billion or more in on-balance sheet foreign exposures) (advanced 
approaches banking organizations), unless the advanced approaches 
banking organization is (i) a consolidated subsidiary of a bank holding 
company (BHC), savings and loan holding company (SLHC), or depository 
institution that is subject to the disclosure requirements in Table 13 
of section 173 of the advanced approaches risk-based capital rule 
(advanced approaches rule), or (ii) a subsidiary of a non-U.S. banking 
organization that is subject to comparable public disclosure 
requirements in its home jurisdiction. Advanced approaches banking 
organizations would begin reporting the proposed SLR data items in 
FFIEC 101 Schedule A, SLR Tables 1 and 2, effective with the September 
30, 2016, reporting date.
    Separately, the proposed collection of SLR data in SLR Tables 1 and 
2 of FFIEC 101 Schedule A would apply to any U.S. intermediate holding 
companies (IHCs) formed or designated for purposes of compliance with 
the Board's Regulation YY (12 CFR 252.153) that are advanced approaches 
banking organizations, effective with the March 31, 2018, reporting 
date (advanced approaches IHC). Any subsidiary BHC controlled by a 
foreign banking organization (FBO) that was subject to the SLR 
requirements prior to the formation of an IHC would complete FFIEC 101 
Schedule A, SLR Tables 1 and 2, through the December 31, 2017, 
reporting date.
    In addition, the agencies proposed that an advanced approaches 
banking organization should provide its Legal Entity Identifier (LEI) 
on the cover page of the report beginning September 30, 2016, only if 
the organization already has an LEI.
    The comment period for this proposal expired on June 27, 2016. The 
agencies did not receive any comments addressing the proposed changes 
and are now submitting requests to OMB for review and approval of the 
extension, with revision, of the FFIEC 101. As had been proposed, these 
reporting changes would take effect as of the September 30, 2016, or 
the March 31, 2018, report date, as applicable.

DATES: Comments must be submitted on or before September 19, 2016.

ADDRESSES: Interested parties are invited to submit written comments to 
any or all of the agencies. All comments, which should refer to the OMB 
control numbers, 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, to prainfo@occ.treas.gov. Alternatively, comments 
may be sent to: Legislative and Regulatory Activities Division, Office 
of the Comptroller of the Currency, Attention ``1557-0239, FFIEC 101,'' 
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.
    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 or, for persons who are deaf or hard of 
hearing, TTY, (202) 649-5597. 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.
    Board: You may submit comments, which should refer to ``FFIEC 
101,'' 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 
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 ``FFIEC 101,'' 
by any of the following methods:
     Agency Web site: https://www.fdic.gov/regulations/laws/federal/. Follow the instructions for submitting comments on the FDIC 
Web site.
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.

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     Email: comments@FDIC.gov. Include ``FFIEC 101'' in the 
subject line of the message.
     Mail: Manuel E. Cabeza, Counsel, Attn: Comments, Room MB-
3105, 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 7:00 a.m. and 5:00 p.m.
    Public Inspection: All comments received will be posted without 
change to https://www.fdic.gov/regulations/laws/federal/ including any 
personal information provided. Paper copies of public comments may be 
requested from the FDIC Public Information Center by telephone at (877) 
275-3342 or (703) 562-2200.
    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 
proposed revisions to the FFIEC 101 discussed in this notice, please 
contact any of the agency staff whose names appear below. In addition, 
copies of the FFIEC 101 form and instructions can be obtained at the 
FFIEC's Web site (https://www.ffiec.gov/ffiec_report_forms.htm).
    OCC: Shaquita Merritt, OCC Clearance Officer, (202) 649-5490, or 
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.
    Board: Nuha Elmaghrabi, Federal Reserve Board Clearance Officer, 
(202) 452-3829, Office of the Chief Data Officer, Board of Governors of 
the Federal Reserve System, Washington, DC 20551. Telecommunications 
Device for the Deaf (TDD) users may contact (202) 263-4869.
    FDIC: Manuel E. Cabeza, Counsel, (202) 898-3767, Legal Division, 
Federal Deposit Insurance Corporation, 550 17th Street NW., Washington, 
DC 20429.

SUPPLEMENTARY INFORMATION: The agencies are proposing to extend for 
three years, with revision, the FFIEC 101, which is currently an 
approved collection of information for each agency.

    Report Title: Regulatory Capital Reporting for Institutions Subject 
to the Advanced Capital Adequacy Framework.
    Form Number: FFIEC 101.
    Frequency of Response: Quarterly.
    Affected Public: Business or other for-profit.

OCC

    OMB Control No.: 1557-0239.
    Estimated Number of Respondents: 20 national banks and federal 
savings associations.
    Estimated Burden per Response: 674 burden hours per quarter to 
file.
    Estimated Total Annual Burden: 53,920 burden hours to file.

Board

    OMB Control No.: 7100-0319.
    Estimated Number of Respondents: 6 state member banks; 16 bank 
holding companies and savings and loan holding companies; and 6 
intermediate holding companies.
    Estimated Burden per Response: 674 burden hours per quarter for 
state member banks to file, 677 burden hours per quarter for bank 
holding companies and savings and loan holding companies to file; 3 
burden hours per quarter for intermediate holding companies to file; 
and 300 burden hours for intermediate holding companies' one-time 
implementation.
    Estimated Total Annual Burden: 16,176 burden hours for state member 
banks to file; 43,328 burden hours for bank holding companies and 
savings and loan holding companies to file; 72 burden hours for 
intermediate holding companies to file; 1,800 burden hours for 
intermediate holding companies' one-time implementation.

FDIC

    OMB Control No.: 3064-0159.
    Estimated Number of Respondents: 2 insured state nonmember banks 
and state savings associations.
    Estimated Burden per Response: 674 burden hours per quarter to 
file.
    Estimated Total Annual Burden: 5,392 burden hours to file.
    Type of Review: Revision and extension of currently approved 
collections.

General Description of Reports

    Each advanced approaches banking organization is required to file 
quarterly regulatory capital data on the FFIEC's Regulatory Capital 
Reporting for Institutions Subject to the Advanced Capital Adequacy 
Framework (FFIEC 101). The FFIEC 101 information collection is 
mandatory for institutions subject to the advanced approaches risk-
based capital rule: 12 U.S.C. 161 (national banks), 12 U.S.C. 324 
(state member banks), 12 U.S.C. 1844(c) (bank holding companies), 12 
U.S.C. 1467a(b) (savings and loan holding companies), 12 U.S.C. 1817 
(insured state nonmember commercial and savings banks), 12 U.S.C. 1464 
(savings associations), and 12 U.S.C. 1844(c), 3106, and 3108 
(intermediate holding companies).

Abstract

    The agencies use the FFIEC 101 data submitted by advanced 
approaches banking organizations to assess and monitor the levels and 
components of each reporting entity's capital requirements and the 
adequacy of the entity's capital under the Advanced Capital Adequacy 
Framework; to evaluate the impact and competitive implications of the 
Advanced Capital Adequacy Framework on individual reporting entities 
and on an industry-wide basis; and to supplement on-site examination 
processes. The reporting schedules also assist advanced approaches 
banking organizations in understanding expectations around the system 
development necessary for implementation and validation of the Advanced 
Capital Adequacy Framework. Submitted data that are released publicly 
will also provide other interested parties with information about 
advanced approaches banking organizations' regulatory capital.

Current Actions

    On April 18, 2016, the agencies requested comment on proposed 
revisions to the FFIEC 101 reporting requirements (April 2016 
proposal).\1\ On April 27, 2016, the agencies published a correction of 
the April 18 notice.\2\ These proposed revisions included two new 
tables that would be added to FFIEC 101 Schedule A to collect 
information related to the agencies' SLR disclosures required in Table 
13 of section 173 of the advanced approaches rule. SLR Tables 1 and 2 
would replace existing items 91 through 98 of FFIEC 101 Schedule A, and 
generally would be aligned with the international leverage ratio common 
disclosure template that was adopted by the Basel Committee on Banking 
Supervision in January 2014 (international leverage ratio common 
disclosure template).\3\ In addition, the agencies proposed that an 
advanced approaches banking organization should provide its LEI on the 
cover page of the

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report only if the organization already has an LEI.
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    \1\ 81 FR 22702 (April 18, 2016).
    \2\ 81 FR 24940 (April 27, 2016).
    \3\ See Basel Committee on Banking Supervision, Basel III 
leverage ratio framework and disclosure requirements; pages 11-12; 
available at https://www.bis.org/publ/bcbs270.pdf.
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    The comment period for the proposal ended on June 27, 2016. The 
agencies did not receive any comments addressing the proposed changes 
and are now submitting requests to OMB for review and approval of the 
extension, with revision, of the FFIEC 101. The proposed reporting of 
SLR Tables 1 and 2 of Schedule A would take effect as of the September 
30, 2016, report date for top-tier advanced approaches BHCs, SLHCs, and 
insured depository institutions, or the March 31, 2018, report date for 
advanced approaches IHCs. Any subsidiary BHC controlled by an FBO that 
was subject to the SLR requirements prior to the formation of an IHC 
would complete report SLR Tables 1 and 2 of Schedule A, through the 
December 31, 2017, report date. Additionally, the proposed reporting of 
the LEI would take effect as of the September 30, 2016, report date.

I. Proposed SLR Changes

A. Introduction

    In the April 2016 proposal, the agencies proposed to add two new 
tables to FFIEC 101 Schedule A to collect information related to the 
SLR disclosures required in Table 13 of section 173 of the advanced 
approaches rule.\4\ Proposed SLR Tables 1 and 2, which would replace 
existing items 91 through 98 of FFIEC 101 Schedule A,\5\ would be 
aligned with the international leverage ratio common disclosure 
template, with some minor changes to the titles of the line items and 
clarifications in the instructions, consistent with the revisions to 
the SLR in the regulatory capital rule (SLR rule) \6\ and the 
accounting terminology of U.S. generally accepted accounting 
principles. The proposal generally would incorporate the complete 
international leverage ratio common disclosure template into Schedule A 
to ensure transparency and comparability of reporting of regulatory 
capital elements across internationally active banking organizations. 
The proposed revised Schedule A also would include an additional item 
applicable to certain advanced approaches BHCs only, which would 
collect data on an advanced approaches BHC's enhanced SLR buffer, if 
applicable.
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    \4\ See 12 CFR 3.173 (OCC); 12 CFR 217.173 (Board); and 12 CFR 
324.173 (FDIC).
    \5\ Although items 91 through 98 are included on the FFIEC 101 
report form, these items are currently shaded out and not collected.
    \6\ See 12 CFR 3.10(c)(4) (OCC) for national banks and Federal 
savings associations; 12 CFR 217.10(c)(4) (Board) for BHCs, SLHCs, 
and state member banks; 12 CFR 324.10(c)(4) (FDIC, for state 
nonmember banks and state savings associations), all as amended by 
79 FR 57725 (Sept. 26, 2014).
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B. Scope, Timing, and Frequency of Proposed Reporting Changes

    The proposed revisions to the FFIEC 101 would apply only to an 
advanced approaches banking organization as described in section 
173(a)(2) of the advanced approaches rule effective with the September 
30, 2016, report date.\7\ Generally, the SLR disclosures apply to an 
advanced approaches institution, unless it is (1) a consolidated 
subsidiary of a BHC, SLHC, or depository institution that is subject to 
these disclosure requirements; or (2) a subsidiary of a non-U.S. 
banking organization that is subject to comparable public disclosure 
requirements in its home jurisdiction. Completing the proposed FFIEC 
101 items for the SLR for a given period would satisfy an advanced 
approaches banking organization's requirement to disclose Table 13 for 
that period.
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    \7\ A top-tier advanced approaches banking organization would be 
required to complete SLR Tables 1 and 2 of FFIEC 101 Schedule A, 
regardless of parallel run status. Any advanced approaches banking 
organization that is a consolidated subsidiary of a top-tier 
advanced approaches BHC, SLHC, or insured depository institution 
would not complete SLR Tables 1 and 2.
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    Separately, each advanced approaches banking organization, 
regardless of its parallel run status, is required to disclose its SLR, 
and the numerator and denominator of its SLR, under section 172(d) of 
the advanced approaches rule.\8\ This is a separate disclosure 
requirement, which the agencies have proposed to implement for banks 
and savings associations that are advanced approaches banking 
organizations through a revision to Schedule RC-R, Part I, Regulatory 
Capital Components and Ratios, of the Consolidated Reports of Condition 
and Income (Call Report) (FFIEC 031 and 041) \9\ reporting forms using 
the standard PRA notice and comment process.\10\
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    \8\ See 12 CFR 3.172(d) (OCC); 12 CFR 217.172(d) (Board); and 12 
CFR 324.172(d) (FDIC).
    \9\ OMB Numbers: OCC, 1557-0081; Board, 7100-0036; and FDIC, 
3064-0052.
    \10\ See 80 FR 56539 (September 18, 2015) and 81 FR 45357 (July 
13, 2016).
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    An IHC formed or designated for purposes of compliance with the 
Board's Regulation YY (12 CFR 252.153) is required to meet all 
applicable capital adequacy standards set forth in the Board's 
Regulation Q, except for subpart E.\11\ An IHC that meets the 
definition of an advanced approaches banking organization under the 
Board's Regulation Q (12 CFR 217.100) would begin reporting the 
proposed SLR data items in the FFIEC 101 effective with the March 31, 
2018, report date, and would begin calculating these proposed items 
starting January 1, 2018. This reporting requirement is consistent with 
Regulation YY, which subjects advanced approaches IHCs to the SLR 
beginning on January 1, 2018.\12\ Such an IHC would not be required to 
complete the rest of the FFIEC 101 because Regulation YY requires an 
IHC to calculate its risk-based capital requirements using only the 
standardized approach, and not the advanced approaches rule, even if it 
meets the advanced approaches applicability threshold.\13\ Further, any 
subsidiary BHC that is controlled by an FBO that was subject to the SLR 
disclosures prior to the formation of an IHC would complete FFIEC 101 
Schedule A, SLR Tables 1 and 2, through the December 31, 2017, report 
date.
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    \11\ See 12 CFR 252.153(e)(2)(i)(A).
    \12\ See Id.
    \13\ An IHC that chooses to comply with subpart E of 12 CFR part 
217 would be required to report the entirety of the FFIEC 101. See 
12 CFR 252.153(e)(2)(i)(B). In contrast, a BHC that is a subsidiary 
of a FBO that is subject to subpart E of 12 CFR part 217, but that 
has received prior written approval from the Board to not comply 
with subpart E of 12 CFR part 217, would not be required to report 
the entire FFIEC 101, but generally would be expected to complete 
Schedule A. See 12 CFR 252.153(e)(2)(i)(C).
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    Depository institutions that are exempt from filing the FFIEC 101, 
but remain subject to the SLR, would not need to begin filing the FFIEC 
101. Instead, these institutions would report their SLR, and the 
numerator and denominator of their SLR, under the proposed Call Report 
revisions discussed above.
    The agencies proposed to collect the SLR information in SLR Tables 
1 and 2 of FFIEC 101 Schedule A quarterly. Each reporting entity would 
continue to submit the applicable quarterly reports on the same due 
dates as are currently in effect for the reporting entity for as long 
as it remains subject to the requirements of section 173(a)(2) of the 
advanced approaches rule.

C. Confidentiality

    To ensure transparency of regulatory capital data reported by 
internationally active banking organizations, the agencies proposed to 
make public the SLR information collected in proposed SLR Tables 1 and 
2 of FFIEC 101 Schedule A, regardless of an advanced approaches banking 
organization's parallel run status.

D. Initial Reporting

    For the September 30, 2016, and March 31, 2018, initial report 
dates, as

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applicable, banking organizations may provide reasonable estimates for 
any new or revised items in SLR Tables 1 and 2 of FFIEC 101 Schedule A 
initially required to be reported as of that date for which the 
requested information is not readily available.

E. Summary of the Proposed FFIEC 101 SLR Data Changes

    The proposed SLR items in FFIEC 101 Schedule A are divided into two 
tables: (1) Summary comparison of accounting assets and total leverage 
exposure (SLR Table 1) and (2) Supplementary leverage ratio (SLR Table 
2). Proposed SLR Table 1, items 1.1 through 1.8, would collect summary 
information on an institution's accounting assets for purposes of 
reconciling balance sheet assets reported in published financial 
statements and total leverage exposure.
    Proposed SLR Table 2, items 2.1 through 2.23, would collect 
detailed information for the calculation of an institution's total 
leverage exposure and the SLR, consistent with the international 
leverage ratio common disclosure template. Items 2.1 through 2.3 would 
collect information about an institution's on-balance sheet exposures. 
Items 2.4 through 2.11 would collect information about an institution's 
derivative exposures. Items 2.12 through 2.16 would collect information 
about an institution's repo-style transactions. Items 2.17 through 2.19 
would collect information about an institution's off-balance sheet 
exposures. Items 2.20 through 2.22 would collect information about an 
institution's capital, total leverage exposure, and the SLR. Item 2.23, 
the enhanced SLR buffer, is an additional line item that is not 
included on the international leverage ratio common disclosure 
template. This item would apply only to an advanced approaches BHC that 
is subject to the enhanced SLR standard and would help determine 
whether the BHC is subject to limitations on capital distributions and 
discretionary bonus payments.\14\
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    \14\ 79 FR 24528 (May 1, 2014); 80 FR 49082 (August 14, 2015).
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    In the revised draft instructions for proposed SLR Tables 1 and 2 
of FFIEC 101 Schedule A, the agencies are clarifying the reporting 
treatment of variation margin disputes in relation to derivative 
transactions. In particular, if a dispute over the correct amount of 
variation margin arises between a banking organization and a 
counterparty, the banking organization may recognize the amount of 
variation margin that has been transferred as long as the parties are 
acting in accordance with agreed-upon practices to settle a disputed 
trade and all other conditions for qualifying cash variation margin are 
met.

II. Reporting the Legal Entity Identifier

    The LEI is a 20-digit alphanumeric code that uniquely identifies 
entities that engage in financial transactions. The LEI system is 
designed to facilitate several financial stability objectives, 
including the provision of higher quality and more accurate financial 
data.
    The agencies proposed to have an advanced approaches banking 
organization provide its LEI on the cover page of the FFIEC 101 
beginning September 30, 2016, only if the organization already has an 
LEI. The LEI must be a currently issued, maintained, and valid LEI, not 
an LEI that has lapsed. An advanced approaches banking organization 
that does not have an LEI would not be required to obtain one for 
purposes of reporting it on the FFIEC 101.

III. Request for Comment

    Public comment is requested on all aspects of this joint notice. 
Comments are invited on:

    (a) Whether 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.

    Dated: August 11, 2016.
Stuart Feldstein,
Director, Legislative and Regulatory Activities, Office of the 
Comptroller of the Currency.
    Board of Governors of the Federal Reserve System, August 12, 
2016.
Robert deV. Frierson,
Secretary of the Board.
    Dated at Washington, DC, this 12th day of August, 2016.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2016-19721 Filed 8-17-16; 8:45 am]
BILLING CODE 4810-33-6210-01-6714-01-P