Proposed Agency Information Collection Activities; Comment Request, 71414-71421 [2019-27850]

Download as PDF 71414 Federal Register / Vol. 84, No. 248 / Friday, December 27, 2019 / Notices use of CAMELS ratings by the agencies in their bank application and enforcement action processes. The RFI stated that the comment period would close on December 30, 2019. The agencies have received requests to extend the comment period. An extension of the comment period will provide additional opportunity for the public to prepare comments to address the questions posed by the agencies. Therefore, the agencies are extending the end of the comment period for the proposal from December 30, 2019, to February 28, 2020. By order of the Board of Governors of the Federal Reserve System, acting through the Secretary of the Board under delegated authority, December 12, 2019. Ann E. Misback, Secretary of the Board. Federal Deposit Insurance Corporation. Dated at Washington, DC, on December 16, 2019. Annmarie Boyd, Assistant Executive Secretary. [FR Doc. 2019–27848 Filed 12–26–19; 8:45 am] Proposed Agency Information Collection Activities; Comment Request Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company jbell on DSKJLSW7X2PROD with NOTICES [FR Doc. 2019–27851 Filed 12–26–19; 8:45 am] FEDERAL RESERVE SYSTEM FEDERAL RESERVE SYSTEM The notificants listed below have applied under the Change in Bank Control Act (Act) (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The applications listed below, as well as other related filings required by the Board, if any, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in paragraph 7 of the Act. Comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors, Ann E. Misback, Secretary of the Board, 20th and Constitution Avenue NW, Washington, DC 20551–0001, not later than January 7, 2020. A. Federal Reserve Bank of Minneapolis (Mark A. Rauzi, Vice President) 90 Hennepin Avenue, Minneapolis, Minnesota 55480–0291: 18:44 Dec 26, 2019 Board of Governors of the Federal Reserve System, December 19, 2019. Michele Taylor Fennell, Assistant Secretary of the Board. BILLING CODE P BILLING CODE 6714–01–P 6210–01–P VerDate Sep<11>2014 1. Jamie Lynn Nelson, Washburn, North Dakota; to acquire voting shares of McLean Bank Holding Company, Garrison, North Dakota, and thereby indirectly acquire voting shares of Garrison State Bank & Trust, Garrison, North Dakota; Bank of Turtle Lake, Turtle Lake, North Dakota; and Farmers Security Bank, Washburn, North Dakota. B. Federal Reserve Bank of Cleveland (Mary S. Johnson, Vice President) 1455 East Sixth Street, Cleveland, Ohio 44101–2566. Comments can also be sent electronically to Comments.applications@clev.frb.org: 1. WVS Financial Corp. Employee Stock Ownership Plan, John A. Howard, Jr., trustee, both of Pittsburgh, PA; to acquire voting shares of WVS Financial Corp. and thereby indirectly acquire voting shares of West View Savings Bank, both of Pittsburgh, PA. Jkt 250001 Board of Governors of the Federal Reserve System. ACTION: Notice, request for comment. AGENCY: The Board of Governors of the Federal Reserve System (Board) invites comment on a proposal to extend for three years, with revision, the Financial Statements for Holding Companies (FR Y–9 Reports; OMB No. 7100–0128). DATES: Comments must be submitted on or before February 25, 2020. ADDRESSES: You may submit comments, identified by FR Y–9 Reports by any of the following methods: • Agency Website: https:// www.federalreserve.gov/. Follow the instructions for submitting comments at https://www.federalreserve.gov/apps/ foia/proposedregs.aspx. • Email: regs.comments@ federalreserve.gov. Include the OMB number in the subject line of the message. • Fax: (202) 452–3819 or (202) 452– 3102. • Mail: Ann E. Misback, 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 website at https:// SUMMARY: PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 www.federalreserve.gov/apps/foia/ proposedregs.aspx as submitted, unless modified for technical reasons or to remove personally identifiable information at the commenter’s request. Accordingly, comments will not be edited to remove any identifying or contact information. Public comments may also be viewed electronically or in paper in Room 146, 1709 New York Avenue NW, Washington, DC 20006, between 9:00 a.m. and 5:00 p.m. on weekdays. For security reasons, the Board requires that visitors make an appointment to inspect comments. You may do so by calling (202) 452–3684. 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. Additionally, commenters may send a copy of their comments to the Office of Management and Budget (OMB) Desk Officer—Shagufta Ahmed—Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10235, 725 17th Street NW, Washington, DC 20503, or by fax to (202) 395–6974. FOR FURTHER INFORMATION CONTACT: A copy of the Paperwork Reduction Act (PRA) OMB submission, including the reporting form and instructions, supporting statement, and other documentation will be placed into OMB’s public docket files, if approved. These documents will also be made available on the Board’s public website at https://www.federalreserve.gov/apps/ reportforms/review.aspx or may be requested from the agency clearance officer, whose name appears below. Federal Reserve Board Clearance Officer—Nuha Elmaghrabi—Office of the Chief Data Officer, Board of Governors of the Federal Reserve System, Washington, DC 20551, (202) 452–3829. SUPPLEMENTARY INFORMATION: On June 15, 1984, OMB delegated to the Board authority under the PRA to approve and assign OMB control numbers to collections of information conducted or sponsored by the Board. In exercising this delegated authority, the Board is directed to take every reasonable step to solicit comment. In determining whether to approve a collection of information, the Board will consider all comments received from the public and other agencies. Request for Comment on Information Collection Proposal The Board invites public comment on the following information collection, which is being reviewed under E:\FR\FM\27DEN1.SGM 27DEN1 Federal Register / Vol. 84, No. 248 / Friday, December 27, 2019 / Notices authority delegated by the OMB under the PRA. Comments are invited on the following: a. Whether the proposed collection of information is necessary for the proper performance of the Board’s functions, including whether the information has practical utility; b. The accuracy of the Board’s estimate of the burden of the proposed information collection, including the validity of the methodology and assumptions used; c. Ways to enhance the quality, utility, and clarity of the information to be collected; d. Ways to minimize the burden of information collection on respondents, including through the use of automated collection techniques or other forms of information technology; and e. Estimates of capital or startup costs and costs of operation, maintenance, and purchase of services to provide information. At the end of the comment period, the comments and recommendations received will be analyzed to determine the extent to which the Board should modify the proposal. Proposal Under OMB Delegated Authority To Extend for Three Years, With Revision, the Following Information Collection jbell on DSKJLSW7X2PROD with NOTICES Report title: Financial Statements for Holding Companies. Agency form number: FR Y–9C, FR Y– 9LP, FR Y–9SP, FR Y–9ES, and FR Y– 9CS. OMB control number: 7100–0128. Frequency: Quarterly, Semi-annually, annually, and on occasion. Respondents: Bank holding companies, certain savings and loan holding companies,1 any securities holding companies, and U.S. intermediate holding companies (collectively, ‘‘HCs’’). Estimated number of respondents: FR Y–9C (non-advanced approaches HCs CBLR): 106; FR Y–9C (non-advanced approaches HCs non-CBLR): 237; FR Y– 9C (advanced approaches HCs): 20; FR Y–9LP: 434; FR Y–9SP: 3,960; FR Y– 9ES: 83; FR Y–9CS: 236. Estimated average hours per response: FR Y–9C (non-advanced approaches HCs CBLR): 35.00 hours; FR Y–9C (nonadvanced approaches HCs non-CBLR): 1 An SLHC must file one or more of the FR Y– 9 series of reports unless it is: (1) A grandfathered unitary SLHC with primarily commercial assets and thrifts that make up less than 5 percent of its consolidated assets; or (2) a SLHC that primarily holds insurance-related assets and does not otherwise submit financial reports with the SEC pursuant to section 13 or 15(d) of the Securities Exchange Act of 1934. VerDate Sep<11>2014 18:44 Dec 26, 2019 Jkt 250001 46.84 hours; FR Y–9C (advanced approaches HCs): 47.59 hours; FR Y– 9LP: 5.27 hours; FR Y–9SP: 5.40 hours; FR Y–9ES: 0.50 hours; FR Y–9CS: 0.50 hours. Estimated annual burden hours: FR Y–9C (non-advanced approaches HCs CBLR): 14,840 hours; FR Y–9C (nonadvanced approaches HCs non-CBLR): 44,404 hours; FR Y–9C (advanced approaches HCs): 3,807 hours; FR Y– 9LP: 9,149 hours; FR Y–9SP: 42,768 hours; FR Y–9ES: 42 hours; FR Y–9CS: 472 hours. General description of report: The FR Y–9C consists of standardized financial statements similar to the Call Reports filed by commercial banks.2 The FR Y– 9C collects consolidated data from HCs and is filed quarterly by top-tier HCs with total consolidated assets of $3 billion or more.3 The FR Y–9LP, which collects parent company only financial data, must be submitted by each HC that files the FR Y–9C, as well as by each of its subsidiary HCs.4 The report consists of standardized financial statements. The FR Y–9SP is a parent company only financial statement filed semiannually by HCs with total consolidated assets of less than $3 billion. In a banking organization with total consolidated assets of less than $3 billion that has tiered HCs, each HC in the organization must submit, or have the top-tier HC submit on its behalf, a separate FR Y–9SP. This report collects basic balance sheet and income data for the parent company, as well as data on its intangible assets and intercompany transactions. The FR Y–9ES is filed annually by each employee stock ownership plan (ESOP) that is also an HC. The report collects financial data on the ESOP’s benefit plan activities. The FR Y–9ES consists of four schedules: A Statement of Changes in Net Assets Available for Benefits, a Statement of Net Assets Available for Benefits, Memoranda, and Notes to the Financial Statements. The FR Y–9CS is a voluntary freeform supplemental report that the Board may utilize to collect critical additional data from HCs deemed to be needed in 2 The Call Reports (OMB No. 7100–0036) consist of the Consolidated Reports of Condition and Income for a Bank with Domestic Offices Only and Total Assets Less than $5 Billion (FFIEC 051), the Consolidated Reports of Condition and Income for a Bank with Domestic Offices Only (FFIEC 041), and the Consolidated Reports of Condition and Income for a Bank with Domestic and Foreign Offices (FFIEC 031). 3 Under certain circumstances described in the FR Y–9C’s General Instructions, HCs with assets under $3 billion may be required to file the FR Y–9C. 4 A top-tier HC may submit a separate FR Y–9LP on behalf of each of its lower-tier HCs. PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 71415 an expedited manner. The FR Y–9CS data collections are used to assess and monitor emerging issues related to HCs, and the report is intended to supplement the other FR Y–9 reports. The data requested by the FR Y–9CS would depend on the Board’s data needs in a given situation. For example, changes made by the Financial Accounting Standards Board (FASB) may introduce into U.S. generally accepted accounting principles (U.S. GAAP) new data items that are not currently collected by the other FR Y– 9 reports. The Board could use the FR Y–9CS report to collect these data until the items are implemented into the other FR Y–9 reports.5 Proposed revisions: The Board proposes to revise the FR Y–9C to implement various changes to the Board’s capital rule that the Board has recently finalized. Each of the revisions to the FR Y–9C would take effect the same quarter as the effective date of the relevant associated revision to the Board’s capital rule. The Board is also proposing an instructional revision for the reporting of operating leases on the FR Y–9C that would take effect March 31, 2020, as well as a FR Y–9C instructional change for home equity lines of credit that convert from revolving to non-revolving status that would take effect March 31, 2021. Finally, the Board proposes to revise the FR Y–9CS to clarify that response to the report is voluntary. Additional details are provided below for each of these proposed changes. Simplifications Rule The Board proposes to revise the FR Y–9C to implement the Board’s final rule to simplify certain aspects of the capital rule (simplifications rule), which made a number of changes to the calculation of common equity tier 1 (CET1) capital, additional tier 1 capital, and tier 2 capital for non-advanced approaches holding companies.6 7 The 5 The FR Y–9CS was most recently used by the Board on June 30, 2008. In that collection, data were requested from banking organizations implementing an Advanced Measurement Approach to calculate operational risk capital under the Basel II Risk-Based Capital Framework. The report was used to conduct a voluntary Loss Data Collection Exercise (LDCE) relating to operational risk. 6 84 FR 35234 (July 22, 2019). 7 In general, an advanced approaches HC, as defined in the Board’s Regulation Q, has consolidated total assets of $250 billion or more, has consolidated total on-balance sheet foreign exposure of $10 billion or more, has a subsidiary depository institution that uses the advanced approaches to calculate its total risk-weighted assets, or elects to use the advanced approaches to calculate its total risk-weighted assets. See 12 CFR 217.100. E:\FR\FM\27DEN1.SGM 27DEN1 jbell on DSKJLSW7X2PROD with NOTICES 71416 Federal Register / Vol. 84, No. 248 / Friday, December 27, 2019 / Notices simplifications rule results in different calculations for these tiers of regulatory capital for non-advanced approaches holding companies and advanced approaches HCs. To reflect the effects of the simplifications rule for nonadvanced approaches HCs, the Board proposes to adjust the existing regulatory capital calculations reported on Schedule HC–R, Part I. Although the report would include two sets of calculations (for non-advanced approaches HCs and advanced approaches HCs), a HC would complete only the set applicable to that holding company. The simplifications rule has an effective date of April 1, 2020. On October 29, 2019, the Board issued a final rule that permits non-advanced approaches banking organizations to implement the simplifications rule on January 1, 2020.8 As a result, nonadvanced approaches HCs have the option to implement the simplifications rule on the revised effective date of January 1, 2020, or wait until the quarter beginning April 1, 2020. The Board proposes revisions to Schedule HC–R, Regulatory Capital, to implement the associated changes to the capital rule effective as of the March 31, 2020, report date, consistent with the simplifications rule’s optional effective date. Additionally, the Board is proposing a number of revisions that would simplify the capital calculations on Schedule HC–R, Part I and Part II, and thereby reduce burden. As previously mentioned, the FR Y–9C would include two sets of calculations (one that incorporates the effects of the simplifications rule and another that does not); therefore, a holding company would only complete the column for the set of calculations applicable to that holding company. For the March 31, 2020, report date, non-advanced approaches HCs that elect to adopt the simplifications rule on January 1, 2020, would complete the column for the set of calculations that incorporates the effects of the simplifications rule. Nonadvanced approaches HCs that elect to wait to adopt the simplifications rules on April 1, 2020, and all advanced approaches holding companies would complete the column for the set of calculations that does not reflect the effects of this rule (i.e., that reflects the capital calculation in effect for all holding companies before this revision). Beginning with the June 30, 2020, report date, all non-advanced approaches 8 See FR press release, dated October 29, 2019. https://www.federalreserve.gov/newsevents/ pressreleases/files/bcreg20191029a2.pdf. VerDate Sep<11>2014 18:44 Dec 26, 2019 Jkt 250001 holding companies would complete the column for the set of calculations that incorporates the effects of the simplifications. The advanced approaches holding companies would complete the column that does not reflect the effects of the simplifications rule. Currently, the regulatory capital calculations in FR Y–9C Schedule HC– R require that a holding company’s capital cannot include mortgage servicing assets (MSAs), certain temporary difference deferred tax assets (DTAs), and significant investments in the common stock of unconsolidated financial institutions in an amount greater than 10 percent of CET1 capital, on an individual basis, and that those three data items combined cannot comprise more than 15 percent of CET1 capital. Under the simplifications rule, the Board increased the threshold for MSAs, DTAs that could not be realized through net operating loss carrybacks (temporary difference DTAs),9 and investments in the capital of unconsolidated financial institutions for non-advanced approaches HCs. In addition, the Board revised the capital calculation for minority interest included in the various capital categories for non-advanced approaches HCs and the calculation of the capital conservation buffer. The Board is proposing to revise Schedule HC–R to permit non-advanced approaches HCs to include as capital MSAs and temporary difference DTAs up to 25 percent of CET1 capital, on an individual basis. The 15 percent aggregate limit would be removed. The simplifications rule also combined the current three categories of investments in financial institutions (non-significant investments in the capital of unconsolidated financial institutions, significant investments in the capital of unconsolidated financial institutions that are in the form of common stock, and significant investments in the capital of unconsolidated financial institutions that are not in the form of common stock) into a single category, investments in the capital of unconsolidated financial institutions, and will apply a limit of 25 percent of CET1 capital on the amount of these investments that can be included in capital. Any investments in excess of the 25 percent limit would be deducted 9 The Board notes that the Tax Cuts and Jobs Act, Public Law 115–97, 131 Stat. 2054 (2017), eliminated the concept of net operating loss carrybacks for U.S. federal income tax purposes, although the concept may still exist in particular jurisdictions for state or foreign income tax purposes. PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 from capital using the corresponding deduction approach. The Board proposes to revise the FR Y–9C to implement this change. Consistent with the current capital rule, a holding company must risk weight MSAs, temporary difference DTAs, and investments in the capital of unconsolidated financial institutions that are not deducted. As a result of the simplifications rule, non-advanced approaches banking organizations will not be required to differentiate among categories of investments in the capital of unconsolidated financial institutions. The risk weight for such equity exposures generally will be 100 percent, provided the exposures qualify for this risk weight.10 For non-advanced approaches banking organizations, the simplifications rule eliminates the exclusion of significant investments in the capital of unconsolidated financial institutions in the form of common stock from being eligible for a 100 percent risk weight.11 The application of the 100 percent risk weight (i) requires a banking organization to follow an enumerated process for calculating adjusted carrying value and (ii) mandates the inclusion of equity exposures to determine whether the threshold has been reached. Equity exposures that do not qualify for a preferential risk weight will generally receive risk weights of either 300 percent or 400 percent, depending on whether the equity exposures are publicly traded. The Board proposes to revise the FR Y–9C to implement this change, as discussed below. In order to implement these regulatory capital changes, a number of revisions are proposed to Schedule HC– R, Part I, for non-advanced approaches HCs. Specifically, the Board proposes to create two columns for existing items 11 through 19 on the FR Y–9C. Column A would be reported by non-advanced approaches HCs that elect to adopt the simplifications rule on January 1, 2020, in the March 31, 2020, FR Y–9C report 10 Note that for purposes of calculating the 10 percent nonsignificant equity bucket, the capital rule excludes equity exposures that are assigned a risk weight of zero percent or 20 percent and community development equity exposures and the effective portion of hedge pairs, both of which are assigned a 100 percent risk weight. In addition, the 10 percent non-significant bucket excludes equity exposures to an investment firm that would not meet the definition of traditional securitization were it not for the application of criterion 8 of the definition of traditional securitization, and has greater than immaterial leverage. 11 Equity exposures that exceed, in the aggregate, 10 percent of a non-advanced approaches banking organization’s total capital would then be assigned a risk weight based upon the approaches available in sections 52 and 53 of the capital rule. 12 CFR 217.52 and .53. E:\FR\FM\27DEN1.SGM 27DEN1 Federal Register / Vol. 84, No. 248 / Friday, December 27, 2019 / Notices jbell on DSKJLSW7X2PROD with NOTICES and by all non-advanced approaches HCs beginning in the June 30, 2020 FR Y–9C report using the definitions under the simplifications rule. Column A would not include items 11 or 16, and items 13 through 15 would be designated as items 13.a, column A through item 15.a, column A to reflect the new calculation methodology. Column B would be reported by advanced approaches HCs and by nonadvanced approaches HCs that elect to wait to adopt the simplifications rule on April 1, 2020, in the March 31, 2020, FR Y–9C report and only by advanced approaches HCs beginning in the June 30, 2020, FR Y–9C report using the existing definitions. Existing items 13 through 15 would be designated as items 13.b, column B through item 15.b, column B to reflect continued use of the existing calculation methodology. With respect to the revisions related to the capital calculation for minority interests, the Board proposes to modify the FR Y–9C instructions to reflect the ability of non-advanced approaches HCs to use the revised method under the simplifications rule to calculate minority interest in existing items 4, 22, and 29 (CET1, additional tier 1, and tier 2 minority interest, respectively). Community Bank Leverage Ratio The Board proposes to revise the FR Y–9C to implement a simplified alternative measure of capital adequacy, the community bank leverage ratio (CBLR), for qualifying HCs with less than $10 billion in total consolidated assets. The proposed revisions would align the FR Y–9C with the CBLR final rule,12 which implemented section 201 of the Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRCPA).13 The proposed revisions to the FR Y–9C would become effective for the March 31, 2020, report date, the first report date in respect of which a HC could elect to opt into the framework established by the community leverage bank ratio final rule (CBLR framework). Under the CBLR final rule, HCs that have less than $10 billion in total consolidated assets, meet risk-based qualifying criteria, and have a leverage ratio of greater than 9 percent would be eligible to opt into the CBLR framework. A HC that opts into the CBLR framework, maintains a leverage ratio of greater than 9 percent, and continues to meet the other qualifying criteria will be considered to have satisfied the generally applicable risk-based and leverage capital requirements and any 12 84 FR 61776 (November 13, 2019). 13 See Public Law 115–174, 132 Stat. 1296 (2018). VerDate Sep<11>2014 18:44 Dec 26, 2019 Jkt 250001 other capital or leverage requirements to which it is subject. Under the CBLR final rule, a holding company that opts into the CBLR framework (CBLR HC) may opt out of the CBLR framework at any time, without restriction, by reverting to the generally applicable capital requirements in the Board’s capital rule and reporting its regulatory capital information in the FR Y–9C Schedule HC–R, ‘‘Regulatory Capital,’’ Parts I and II, at the time of opting out. As described in the CBLR final rule, a CBLR HC that no longer meets the qualifying criteria for the CBLR framework will be required within two consecutive calendar quarters (grace period) either to satisfy once again the qualifying criteria or demonstrate compliance with the generally applicable capital requirements. During the grace period, the HC would continue to be treated as a CBLR HC and would be required to report its leverage ratio and related components in FR Y–9C Schedule HC–R, Part I.14 A CBLR HC that ceases to meet the qualifying criteria as a result of a business combination (e.g., a merger) will receive no grace period, and will immediately become subject to the generally applicable capital requirements. Similarly, a CBLR HC that fails to maintain a leverage ratio greater than 8 percent would not be permitted to use the grace period and would immediately become subject to the generally applicable capital requirements. The Board proposes to incorporate revisions related to the CBLR framework into Schedule HC–R, Part I. As provided in the CBLR final rule, the numerator of the community bank leverage ratio will be tier 1 capital, which is currently reported on Schedule HC–R, Part I, item 26. Therefore, the Board is not proposing any changes related to the numerator of the CBLR. As provided in the planned CBLR final rule, the denominator of the community bank leverage ratio will be average total consolidated assets. Specifically, average total consolidated assets would be calculated in accordance with the existing reporting instructions for Schedule HC–R, Part I, 14 For example, if the CBLR HC no longer meets one of the qualifying criteria as of February 15, and still does not meet the criteria as of the end of that quarter, the grace period for such an HC will begin as of the end of the quarter ending March 31. The banking organization may continue to use the CBLR framework as of June 30, but will need to comply fully with the generally applicable rule (including the associated reporting requirements) as of September 30, unless the HC once again meets all qualifying criteria of the CBLR framework, including a leverage ratio of greater than 9 percent, by that date. PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 71417 items 36 through 39. The Board is not proposing any substantive changes related to the denominator of the community bank leverage ratio. However, the Board is proposing to move existing items 36 through 39 of Schedule HC–R, Part I, and renumber them as items 27 through 30 of Schedule HC–R, Part I, to consolidate all of the CBLR-related capital items earlier in Schedule HC–R, Part I. As provided in the CBLR final rule, an HC will calculate its community bank leverage ratio by dividing tier 1 capital by average total consolidated assets (as adjusted), and the community bank leverage ratio would be reported as a percentage, rounded to four decimal places. Since this calculation is essentially identical to the existing calculation of the tier 1 leverage ratio in Schedule HC–R, Part I, item 44, the Board is not proposing a separate item for the community bank leverage ratio in Schedule HC–R, Part I. Instead, the Board proposes to move the tier 1 leverage ratio from item 44 of Part I and renumber it as item 31, and rename the item to the Leverage Ratio, as this ratio would apply to all HCs (as the community bank leverage ratio for qualifying HCs or the tier 1 Leverage Ratio for all other HCs). As provided in the CBLR final rule, a CBLR bank will need to satisfy certain qualifying criteria in order to be eligible to opt into the CBLR framework. The proposed items identified below would collect information necessary to ensure that a HC continuously meets the qualifying criteria for using the CBLR framework. Qualifying Criteria for Using the CBLR Framework A HC would need to satisfy certain qualifying criteria to be eligible to opt into the CBLR framework. The proposed items below would collect the information necessary to ensure that an HC continuously meets the qualifying criteria for using the CBLR framework. Specifically, a qualifying HC must not be an advanced approaches (AA) HC and must meet the following criteria: • A leverage ratio of greater than 9%; • Total consolidated assets of less than $10 billion; • Total trading assets and trading liabilities of 5 percent or less of total consolidated assets; and • Total off-balance sheet exposures (excluding derivatives other than sold credit derivatives and unconditionally cancelable commitments) of 25 percent or less of total consolidated assets.15 15 As provided in the CBLR final rule, the Board would reserve the authority to disallow the use of E:\FR\FM\27DEN1.SGM Continued 27DEN1 71418 Federal Register / Vol. 84, No. 248 / Friday, December 27, 2019 / Notices jbell on DSKJLSW7X2PROD with NOTICES Accordingly, the Board proposes to collect the items described below from CBLR HCs only: • In proposed item 32 of Schedule HC–R, Part I, a CBLR HC would report total assets, as reported in Schedule HC, item 12. • In proposed item 33, a CBLR HC would report the sum of trading assets from Schedule HC, item 5, and trading liabilities from Schedule HC, item 15, in Column A. The HC would also report that sum divided by total assets from Schedule HC, item 12, and expressed as a percentage in Column B. As provided in the CBLR final rule, trading assets and trading liabilities would be added together, not netted, for purposes of this calculation. Also as discussed in the CBLR final rule, a HC would not meet the definition of a qualifying community banking organization for purposes of the CBLR framework if the percentage reported in Column B is greater than 5 percent. • In proposed items 34.a through 34.d, a CBLR HC would report information related to commitments, other off-balance sheet exposures, and sold credit derivatives. —In proposed item 34.a, a CBLR HC would report the unused portion of conditionally cancellable commitments. This amount would be the amount of all unused commitments less the amount of unconditionally cancellable commitments, as discussed in the CBLR final rule and defined in the agencies’ capital rule.16 This item would be calculated consistent with the sum of Schedule HC–R, Part II, items 18.a and 18.b, Column A. —In proposed item 34.b, a CBLR HC would report total securities lent and borrowed, which would be the sum of Schedule HC–L, items 6.a and 6.b. —In proposed item 34.c, a CBLR HC would report the sum of certain other off-balance sheet exposures and sold credit derivatives. Specifically, a CBLR HC would report the sum of self-liquidating, trade-related contingent items that arise from the movement of goods; transactionrelated contingent items (performance bonds, bid bonds, warranties, and performance standby letters of credit); sold credit protection in the form of guarantees and credit derivatives; credit-enhancing representations and warranties; financial standby letters of the CBLR framework by an HC based on the risk profile of the HC. This authority derives from the general reservation of authority included in the Board’s Regulation Q, in which the CBLR framework is be codified. See 12 CFR 217.1(d). 16 See definition of ‘‘unconditionally cancellable’’ in 12 CFR 217.2. VerDate Sep<11>2014 18:44 Dec 26, 2019 Jkt 250001 credit; forward agreements that are not derivative contracts; and offbalance sheet securitizations. A CBLR HC would not include derivatives that are not sold credit derivatives, such as foreign exchange swaps and interest rate swaps, in proposed item 34.c. —In proposed item 34.d, a CBLR HC would report the sum of proposed items 34.a through 34.c in Column A. The HC would also report that sum divided by total assets from Schedule HC, item 12, and expressed as a percentage in Column B. As discussed in the CBLR final rule, a HC would not be eligible to opt into the CBLR framework if this percentage is greater than 25 percent. • In proposed item 35, a CBLR HC would report the total of unconditionally cancellable commitments, which would be calculated consistent with the instructions for existing Schedule HC– R, Part II, item 19. This item is not used specifically to calculate a HC’s eligibility for the CBLR framework. However, the Board is collecting this information in order to monitor balance sheet exposures that are not reflected in the CBLR framework and to identify any CBLR HCs with elevated concentrations in unconditionally cancellable commitments. • In proposed item 36, a CBLR HC would report the amount of investments in the capital instruments of an unconsolidated financial institution that would qualify as tier 2 capital. Since the CBLR framework does not have a total capital requirement, a CBLR HC is neither required to calculate tier 2 capital nor make any deductions that would be taken from tier 2 capital. Therefore, if a CBLR HC has investments in the capital instruments of an unconsolidated financial institution that would qualify as tier 2 capital of the CBLR HC under the generally applicable capital requirements (tier 2 qualifying instruments), and the CBLR HC’s total investments in the capital of unconsolidated financial institutions exceed 25 percent of its CET1 capital, the CBLR bank is not required to deduct the tier 2 qualifying instruments. A CBLR HC is required to make a deduction from CET1 capital or T1 capital only if the sum of its investments in the capital of an unconsolidated financial institution is in a form that would qualify as CET1 capital or T1 capital instruments of the CBLR HC and the sum exceeds the 25 percent CET1 threshold. The Board believes it is important to continue collecting information on the amount of PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 investments in these capital instruments in order to identify any instances where such activity potentially creates an unsafe or unsound practice or condition. Because a CBLR HC would not be subject to the generally applicable capital requirements, a CBLR HC would not need to complete any of the items in Schedule HC–R, Part I, after proposed item 36, nor would the holding company need to complete Schedule HC–R, Part II, Risk-Weighted Assets. In connection with moving the leverage ratio calculations and inserting items for the CBLR qualifying criteria in Schedule HC–R, Part I, existing items 27 through 35 of Schedule HC–R, Part I, will be renumbered as items 37 through 45. Existing items 40 through 43 will be renumbered as items 46 through 49, while existing items 46 through 48 will be renumbered as items 50 through 52. For advanced approaches HCs, existing items 45 for total leverage exposure and the supplementary leverage ratio, will be renumbered as item 53. A CBLR HC would indicate that it has elected to apply the CBLR framework by completing Schedule HC–R, Part I, items 32 through 36. HCs not subject to the CBLR framework would be required to report all data items in Schedule HC– R, Part I, except for items 32 through 36. Standardized Approach for Counterparty Credit Risk on Derivatives The Board proposes to revise the FR Y–9C instructions to implement changes to the capital rule regarding how to calculate the exposure amount of derivative contracts (the standardized approach for counterparty credit risk, or ‘‘SA–CCR’’) that were implemented by final rule (the ‘‘SA–CCR final rule’’).17 The SA–CCR final rule amends the capital rule by replacing the current exposure methodology (CEM) with SA– CCR for advanced approaches HCs. Under the SA–CCR final rule, an advanced approaches HC will have to choose either SA–CCR or the internal models methodology to calculate the exposure amount of any noncleared and cleared derivative contracts and use SA–CCR to determine the risk-weighted asset amount of any default fund contributions. In addition, an advanced approaches HC will be required to use SA–CCR (instead of CEM) to calculate the exposure amount of noncleared and cleared derivative contracts and to determine the risk-weighted asset 17 See Federal Reserve press release, dated November 19, 2019. https:// www.federalreserve.gov/newsevents/pressreleases/ bcreg20191119c.htm. E:\FR\FM\27DEN1.SGM 27DEN1 Federal Register / Vol. 84, No. 248 / Friday, December 27, 2019 / Notices amount of default fund contributions under the standardized approach, as well as to determine the exposure amount of derivative contracts for purposes of the supplementary leverage ratio. Under the SA–CCR final rule, a nonadvanced approaches HC will be able to use either CEM or SA–CCR to calculate the exposure amount of any noncleared and cleared derivative contracts and to determine the risk-weighted asset amount of any default fund contributions under the standardized approach. A HC that meets the criteria for a banking organization subject to Category III standards 18 will also use SA–CCR for calculating its supplementary leverage ratio if it chooses to use SA–CCR to calculate its derivative and default fund exposures. Accordingly, the Board proposes to revise the instructions for HC–R Part II, consistent with the SA–CCR final rule. Generally, the proposed revisions to the reporting of derivatives elements in Schedule HC–R, Part II, are driven by differences in the methodology for determining the exposure amount of a derivative contract under SA–CCR relative to CEM. These proposed revisions would be effective for the June 30, 2020, report date, the same quarter as the effective date of the SA–CCR final rule, with a mandatory compliance date of January 1, 2022. High Volatility Commercial Real Estate (HVCRE) jbell on DSKJLSW7X2PROD with NOTICES The Board proposes to revise the FR Y–9C instructions to implement changes to the HVCRE exposure definition in section 2 of the capital rule 19 to conform to the statutory definition of an HVCRE Acquisition, Development, or Construction (ADC) loan (HVCRE final rule 20). The revisions align the capital rule with section 214 of the EGRRCPA to exclude from the definition of HVCRE exposure credit facilities that finance the acquisition, development, or 18 The Board’s final tailoring rule, approved on October 10, 2019, describes a Category III banking organization generally as a banking organization with $250 billion or more in total consolidated assets that is not a global systemically important bank (GSIB) nor has significant international activity, or a banking organization with total consolidated assets of $100 billion or more, but less than $250 billion, that meets or exceeds other specified risk-based indicators. See ‘‘Prudential Standards for Large Bank Holding Companies, Savings and Loan Holding Companies, and Foreign Banking Organizations,’’ 84 FR 59032 (November 1, 2019). 19 12 CFR part 217.2. 20 See Federal Reserve press release, dated November 19, 2019, https:// www.federalreserve.gov/newsevents/pressreleases/ bcreg20191119b.htm. VerDate Sep<11>2014 18:44 Dec 26, 2019 Jkt 250001 construction of one- to four-family residential properties.21 The HVCRE final rule also clarifies the definition of HVCRE exposure in the capital rule by adding a new paragraph that provides that the exclusion for oneto four-family residential properties would not include credit facilities that solely finance land development activities, such as the laying of sewers, water pipes, and similar improvements to land, without any construction of one- to four-family residential structures. In order for a loan to be eligible for this exclusion, the credit facility would be required to include financing for construction of one- to four-family residential structures. The Board is now proposing to make conforming revisions to the instructions for Schedule HC–R, Part II, items 4.b and 5.b in order to implement the HVCRE final rule for all reporting HCs. Operating Lease Liabilities In February 2016, the FASB issued ASU No. 2016–02, ‘‘Leases,’’ which added Topic 842, Leases, to the Accounting Standards Codification (ASC). Once ASU 2016–02 is effective for a holding company, the ASU’s accounting requirements, as amended by certain subsequent ASUs, supersede ASC Topic 840, Leases. The most significant change that ASC Topic 842 makes to the previous lease accounting requirements is to lessee accounting. Under the lease accounting standards in ASC Topic 840, lessees recognize lease assets and lease liabilities on the balance sheet for capital leases, but do not recognize operating leases on the balance sheet. The lessee accounting model under Topic 842 retains the distinction between operating leases and capital leases, which the new standard labels finance leases. However, the new standard requires lessees to record a 21 Section 214 became effective upon enactment of the EGRRCPA. Accordingly, on July 6, 2018, the Board, along with the Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC), issued a statement advising institutions that, when determining which loans should be subject to a heightened risk weight, they may choose to continue to apply the current regulatory definition of HVCRE exposure, or they may choose to apply the heightened risk weight only to those loans they reasonably believe meet the definition of ‘‘HVCRE ADC loan’’ set forth in section 214 of the EGRRCPA. See Board, FDIC, and OCC, Interagency statement regarding the impact of the Economic Growth, Regulatory Relief, and Consumer Protection Act (EGRRCPA). https:// www.federalreserve.gov/newsevents/pressreleases/ files/bcreg20180706a1.pdf. The Board temporarily implemented this revision to the FR Y–9C through an emergency PRA clearance that permitted, but did not require, a HC to use the definition of HVCRE ADC loan in place of the existing definition of HVCRE loan. PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 71419 right-of-use (ROU) asset and a lease liability on the balance sheet for operating leases. (For finance leases, a lessee’s lease asset also is designated an ROU asset.) In general, the new standard permits a lessee to make an accounting policy election to exempt leases with a term of one year or less at their commencement date from on-balance sheet recognition. The Board also proposes to revise the FR Y–9C instructions to implement changes for operating leases to be reported as other liabilities instead of other borrowings for regulatory reporting purposes. The proposed change would better align the reporting of the single noninterest expense item for operating leases in the income statement (which is the presentation required by ASC Topic 842) with their balance sheet classification. For HCs that are public business entities, as defined under U.S. GAAP, ASU 2016–02 is effective for fiscal years beginning after December 15, 2018, including interim reporting periods within those fiscal years. For HCs that are not public business entities, at present, the new standard is effective for fiscal years beginning after December 15, 2019, and interim reporting periods within fiscal years beginning after December 15, 2020. Early application of the new standard is permitted for all HCs. The FR Y–9C Report Supplemental Instructions for March 2019 22 stated that a lessee should report lease liabilities for operating leases and finance leases, including lease liabilities recorded upon adoption of the ASU, in Schedule HC–M, item 14, ‘‘Other borrowings,’’ which is consistent with the current FR Y–9C instructions for reporting a lessee’s obligations under capital leases under ASC Topic 840. In response to this instructional guidance, the Board received questions from HCs concerning the reporting of a bank lessee’s lease liabilities for operating leases. These HCs indicated that reporting operating lease liabilities as other liabilities instead of other borrowings would better align the reporting of the single noninterest expense item for operating leases in the income statement (which is the presentation required by ASC Topic 842) with their balance sheet classification and would be consistent with how these HCs report operating lease liabilities internally. The Board agrees with the views expressed by these HCs and proposes to require that operating lease liabilities be 22 https://www.federalreserve.gov/reportforms/ supplemental/SI_FRY9_201903.pdf. E:\FR\FM\27DEN1.SGM 27DEN1 71420 Federal Register / Vol. 84, No. 248 / Friday, December 27, 2019 / Notices jbell on DSKJLSW7X2PROD with NOTICES reported on the FR Y–9C balance sheet in Schedule HC, item 20, ‘‘Other liabilities.’’ In Schedule HC–G, Other Liabilities, operating lease liabilities would be reported in item 4, ‘‘Other’’ effective March 31, 2020. Reporting Home Equity Lines of Credit That Convert From Revolving to NonRevolving Status Holding companies report the amount outstanding under revolving, open-end lines of credit secured by 1–4 family residential properties (commonly known as home equity lines of credit or HELOCs) in item 1.c.(1) of Schedule HC–C, Loans and Lease Financing Receivables. The amounts of closed-end loans secured by 1–4 family residential properties are reported in Schedule HC– C, item 1.c.(2)(a) or (b), depending on whether the loan is a first or a junior lien.23 A HELOC is a line of credit secured by a lien on a 1–4 family residential property that generally provides a draw period followed by a repayment period. During the draw period, a borrower has revolving access to unused amounts under a specified line of credit. During the repayment period, the borrower can no longer draw on the line of credit, and the outstanding principal is either due immediately in a balloon payment or repaid over the remaining loan term through monthly payments. The FR Y– 9C instructions do not address the reporting treatment for a home equity line of credit when it reaches its end-ofdraw period and converts from revolving to nonrevolving status. This leads to inconsistency in how these credits are reported in Schedule HC–C, items 1.c.(1), 1.c.(2)(a), and 1.c.(2)(b), and in other holding company items that use the definitions of these three loan categories. To address this absence of instructional guidance and promote consistency in reporting, the Board proposes to clarify the instructions for reporting loans secured by 1–4 family residential properties by specifying that after a revolving open-end line of credit has converted to non-revolving closedend status, the loan should be reported as closed-end in Schedule HC–C, item 1.c.(2)(a) or (b), as appropriate. The Board believes that it is important to collect accurate data on loans secured by 1–4 family residential properties in the FR Y–9C report. Consistent classification of HELOCs based on the 23 Holding companies report additional information on open-end and closed-end loans secured by 1–4 family residential properties in certain other FR Y–9C schedules in accordance with the loan category definitions in Schedule HC– C, items 1.c.(1), 1.c.(2)(a), and 1.c.(2)(b). VerDate Sep<11>2014 18:44 Dec 26, 2019 Jkt 250001 status of the draw period is particularly important for the Board’s safety and soundness monitoring. Due to the structure of HELOCs discussed above, borrowers generally are not required to make principal repayments during the draw period, which may create a financial shock for borrowers when they must make a balloon payment or begin regular monthly repayments after the draw period. Some HCs report HELOCs past the draw period as revolving, and this practice increases the amounts outstanding, charge-offs, recoveries, past dues, and nonaccruals reported in the open-end category relative to the amounts reported by HCs that treat HELOCs past the draw period as closedend, which makes the data less useful for analysis and safety and soundness monitoring. In addition, in Accounting Standards Update No. 2019–04,24 the FASB amended ASC Subtopic 326–20 on credit losses to require that, when presenting credit quality disclosures in notes to financial statements prepared in accordance with U.S. GAAP, an entity must separately disclose line-ofcredit arrangements that are converted to term loans from line-of-credit arrangements that remain in revolving status. The Board has determined that there would be little or no impact to the regulatory capital calculations or other regulatory reporting requirements as a result of this clarification. Therefore, the Board is proposing to clarify the FR Y– 9C instructions for Schedule HC–C, items 1.c.(1), 1.c.(2)(a), and 1.c.(2)(b), to state that revolving open-end lines of credit that have converted to nonrevolving closed-end status should be reported as closed-end loans. The effect of this clarification would extend to the instructions for the following data items that reference the Schedule HC–C loan category definitions for open-end and closed-end loans secured by 1–4 family residential properties: • Schedule HI–B, Part I, items 1.c.(1), 1.c.(2)(a), and 1.c.(2)(b); • Schedule HC–C, Memoranda item 1.b; • Schedule HC–C, Memoranda items 6.a, 6.b, 6.c; • Schedule HC–M, items 6.a.(1)(c)(1), 6.a.(1)(c)(2)(a), and 6.a.(1)(c)(2)(b); • Schedule HC–N, items 1.c.(1), 1.c.(2)(a), and 1.c.(2)(b); • Schedule HC–N, items 12.a.(3)(a), 12.a.(3)(b)(1), and 12.a.(3)(b)(2); • Schedule HC–N, Memoranda item 1.b; and 24 Accounting Standards Update No. 2019–04, ‘‘Codification Improvements to Topic 326, Financial Instruments—Credit Losses, Topic 815, Derivatives and Hedging, and Topic 825, Financial Instruments,’’ issued in April 2019. PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 • Schedule HC–S, Memorandum items 2.a, 2.b, and 2.c This instructional clarification would not apply to the reporting of assetbacked securities collateralized by HELOCs in Schedule HC–B, Memorandum item 5.b, and Schedule HC–D, Memorandum item 5.b and securitizations of closed-end 1–4 family residential loans and home equity lines in Schedule HC–S, columns A and B. To provide time needed for any systems changes, the Board proposes that compliance with the clarified instructions would not be required until the March 31, 2021, report date. HCs not currently reporting in accordance with the clarified instructions would be permitted, but not required, to report in accordance with the clarified instructions before that date. Proposed Revisions to the FR Y–9CS The Board proposes to revise the FR Y–9CS to clarify that response to the report is voluntary. Legal authorization and confidentiality: The Board has the authority to impose the reporting and recordkeeping requirements associated with the Y–9 series of reports on bank holding companies (‘‘BHCs’’) pursuant to section 5 of the Bank Holding Company Act (‘‘BHC Act’’) (12 U.S.C. 1844); on savings and loan holding companies pursuant to section 10(b)(2) and (3) of the Home Owners’ Loan Act (12 U.S.C. 1467a(b)(2) and (3)) as amended by sections 369(8) and 604(h)(2) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (‘‘Dodd-Frank Act’’); on U.S. intermediate holding companies (‘‘U.S. IHCs’’) pursuant to section 5 of the BHC Act (12 U.S.C. 1844), as well as pursuant to sections 102(a)(1) and 165 of the Dodd-Frank Act (12 U.S.C. 511(a)(1) and 5365); 25 and on securities holding companies pursuant to section 618 of the Dodd-Frank Act (12 U.S.C. 25 Section 165(b)(2) of Title I of the Dodd-Frank Act (12 U.S.C. 5365(b)(2)) refers to ‘‘foreign-based bank holding company.’’ Section 102(a)(1) of the Dodd-Frank Act (12 U.S.C. 5311(a)(1)) defines ‘‘bank holding company’’ for purposes of Title I of the Dodd-Frank Act to include foreign banking organizations that are treated as bank holding companies under section 8(a) of the International Banking Act (12 U.S.C. 3106(a)). The Board has required, pursuant to section 165(b)(1)(B)(iv) of the Dodd-Frank Act (12 U.S.C. 5365(b)(1)(B)(iv)), certain foreign banking organizations subject to section 165 of the Dodd-Frank Act to form U.S. intermediate holding companies. Accordingly, the parent foreign-based organization of a U.S. IHC is treated as a BHC for purposes of the BHC Act and section 165 of the Dodd-Frank Act. Because Section 5(c) of the BHC Act authorizes the Board to require reports from subsidiaries of BHCs, section 5(c) provides additional authority to require U.S. IHCs to report the information contained in the FR Y– 9 series of reports. E:\FR\FM\27DEN1.SGM 27DEN1 Federal Register / Vol. 84, No. 248 / Friday, December 27, 2019 / Notices jbell on DSKJLSW7X2PROD with NOTICES 1850a(c)(1)(A)). The FR Y–9C, FR Y– 9LP, FR Y–9SP, and FR Y–9ES reports, and the recordkeeping requirements set forth in the respective instructions to those reports, are mandatory. The FR Y– 9CS supplemental report is voluntary. With respect to the FR Y–9C report, Schedule HI’s Memoranda item 7(g) ‘‘FDIC deposit insurance assessments,’’ Schedule HC–P’s item 7(a) ‘‘Representation and warranty reserves for 1–4 family residential mortgage loans sold to U.S. government agencies and government sponsored agencies,’’ and Schedule HC–P’s item 7(b) ‘‘Representation and warranty reserves for 1–4 family residential mortgage loans sold to other parties’’ are considered confidential commercial and financial information. Such treatment is appropriate under exemption 4 of the Freedom of Information Act (‘‘FOIA’’) (5 U.S.C. 552(b)(4)), because these data items reflect commercial and financial information that is both customarily and actually treated as private by the submitter, and which the Board has previously assured submitters will be treated as confidential. It also appears that disclosing these data items may reveal confidential examination and supervisory information, and in such instances, this information would also be withheld pursuant to exemption 8 of the FOIA (5 U.S.C. 552(b)(8)), which protects information related to the supervision or examination of a regulated financial institution. In addition, for both the FR Y–9C report and the FR Y–9SP report, Schedule HC’s Memoranda item 2.b., the name and email address of the external auditing firm’s engagement partner, is considered confidential commercial information and protected by exemption 4 of the FOIA (5 U.S.C. 552(b)(4)), if the identity of the engagement partner is treated as private information by HCs. The Board has assured respondents that this information will be treated as confidential since the collection of this data item was proposed in 2004. Aside from the data items described above, the remaining data items on the FR Y–9C report and the FR Y–9SP report are generally not accorded confidential treatment. The data items collected on FR Y–9LP, FR Y–9ES, and FR Y–9CS 26 reports, are also generally 26 The FR Y–9CS is a supplemental report that may be utilized by the Board to collect additional information that is needed in an expedited manner from HCs. The information collected on this supplemental report is subject to change as needed. Generally, the FR Y–9CS report is treated as public. However, where appropriate, data items on the FR Y–9CS report may be withheld under exemptions 4 and/or 8 of the FOIA (5 U.S.C. 552(b)(4) and (8)). VerDate Sep<11>2014 18:44 Dec 26, 2019 Jkt 250001 not accorded confidential treatment. As provided in the Board’s Rules Regarding Availability of Information (12 CFR part 261), however, a respondent may request confidential treatment for any data items the respondent believes should be withheld pursuant to a FOIA exemption. The Board will review any such request to determine if confidential treatment is appropriate, and will inform the respondent if the request for confidential treatment has been denied. To the extent the instructions to the FR Y–9C, FR Y–9LP, FR Y–9SP, and FR Y–9ES reports each respectively direct the financial institution to retain the workpapers and related materials used in preparation of each report, such material would only be obtained by the Board as part of the examination or supervision of the financial institution. Accordingly, such information is considered confidential pursuant to exemption 8 of the FOIA (5 U.S.C. 552(b)(8)). In addition, the workpapers and related materials may also be protected by exemption 4 of the FOIA, to the extent such financial information is treated as confidential by the respondent (5 U.S.C. 552(b)(4)). Consultation outside the agency: The Board consulted with the FDIC and the OCC in regard to these proposed revisions. Board of Governors of the Federal Reserve System, December 19, 2019. Michele Taylor Fennell, Assistant Secretary of the Board. [FR Doc. 2019–27850 Filed 12–26–19; 8:45 am] BILLING CODE 6210–01–P FEDERAL RESERVE SYSTEM Privacy Act of 1974; Notice of a New System of Records Board of Governors of the Federal Reserve System. ACTION: Notice of a modified system of records. AGENCY: Pursuant to the provisions of the Privacy Act of 1974, notice is given that the Board of Governors of the Federal Reserve System (Board) proposes to modify an existing system of records entitled, BGFRS–23, ‘‘FRB— Freedom of Information Act and Privacy Act Case Tracking and Reporting System.’’ BGFRS–23 permits Board staff to track Freedom of Information Act (FOIA) and Privacy Act (PA) requests, input processing data, and produce reports. DATES: Comments must be received on or before January 27, 2020. This modified system of records will become effective January 27, 2020, without SUMMARY: PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 71421 further notice, unless comments dictate otherwise. The Office of Management and Budget (OMB), which has oversight responsibility under the Privacy Act, requires a 30-day period prior to publication in the Federal Register in which to review the system and to provide any comments to the agency. The public is then given a 30-day period in which to comment, in accordance with 5 U.S.C. 552a(e)(4) and (11). ADDRESSES: You may submit comments, identified by BGFRS–23 ‘‘FRB— Freedom of Information Act and Privacy Act Case Tracking System,’’ by any of the following methods: • Agency website: https:// www.federalreserve.gov. Follow the instructions for submitting comments at https://www.federalreserve.gov/apps/ foia/proposedregs.aspx. • Email: regs.comments@ federalreserve.gov. Include SORN name and number in the subject line of the message. • Fax: (202) 452–3819 or (202) 452– 3102. • Mail: Ann E. Misback, Secretary, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue NW, Washington, DC 20551. All public comments will be made available on the Board’s website at https://www.federalreserve.gov/apps/ foia/proposedregs.aspx as submitted, unless modified for technical reasons, or to remove sensitive PII. Public comments may also be viewed electronically or in paper form in Room 146, 1709 New York Avenue NW, Washington, DC 20006 between 9:00 a.m. and 5:00 p.m. on weekdays. FOR FURTHER INFORMATION CONTACT: David B. Husband, Counsel, (202) 530– 6270, or david.b.husband@frb.gov; Legal Division, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue NW, Washington, DC 20551. Telecommunications Device for the Deaf (TDD) users may contact (202) 263–4869. SUPPLEMENTARY INFORMATION: BGFRS–23 allows staff to log and track the receipt and processing of FOIA or PA requests from individuals (i.e., ‘‘Requesters’’) using data that is either received from the requester, his/her representative, or from another federal agency which is referring a request to the Board for disclosure of records that originated from the Board. The system also contains data automatically generated by the system about the request (e.g., record number). Board staff use the system to record the status of the request, relevant deadlines, other key E:\FR\FM\27DEN1.SGM 27DEN1

Agencies

[Federal Register Volume 84, Number 248 (Friday, December 27, 2019)]
[Notices]
[Pages 71414-71421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27850]


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FEDERAL RESERVE SYSTEM


Proposed Agency Information Collection Activities; Comment 
Request

AGENCY: Board of Governors of the Federal Reserve System.

ACTION: Notice, request for comment.

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SUMMARY: The Board of Governors of the Federal Reserve System (Board) 
invites comment on a proposal to extend for three years, with revision, 
the Financial Statements for Holding Companies (FR Y-9 Reports; OMB No. 
7100-0128).

DATES: Comments must be submitted on or before February 25, 2020.

ADDRESSES: You may submit comments, identified by FR Y-9 Reports by any 
of the following methods:
     Agency Website: https://www.federalreserve.gov/. Follow 
the instructions for submitting comments at https://www.federalreserve.gov/apps/foia/proposedregs.aspx.
     Email: [email protected]. Include the OMB 
number in the subject line of the message.
     Fax: (202) 452-3819 or (202) 452-3102.
     Mail: Ann E. Misback, 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 website at 
https://www.federalreserve.gov/apps/foia/proposedregs.aspx as 
submitted, unless modified for technical reasons or to remove 
personally identifiable information at the commenter's request. 
Accordingly, comments will not be edited to remove any identifying or 
contact information. Public comments may also be viewed electronically 
or in paper in Room 146, 1709 New York Avenue NW, Washington, DC 20006, 
between 9:00 a.m. and 5:00 p.m. on weekdays. For security reasons, the 
Board requires that visitors make an appointment to inspect comments. 
You may do so by calling (202) 452-3684. 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.
    Additionally, commenters may send a copy of their comments to the 
Office of Management and Budget (OMB) Desk Officer--Shagufta Ahmed--
Office of Information and Regulatory Affairs, Office of Management and 
Budget, New Executive Office Building, Room 10235, 725 17th Street NW, 
Washington, DC 20503, or by fax to (202) 395-6974.

FOR FURTHER INFORMATION CONTACT: A copy of the Paperwork Reduction Act 
(PRA) OMB submission, including the reporting form and instructions, 
supporting statement, and other documentation will be placed into OMB's 
public docket files, if approved. These documents will also be made 
available on the Board's public website at https://www.federalreserve.gov/apps/reportforms/review.aspx or may be requested 
from the agency clearance officer, whose name appears below.
    Federal Reserve Board Clearance Officer--Nuha Elmaghrabi--Office of 
the Chief Data Officer, Board of Governors of the Federal Reserve 
System, Washington, DC 20551, (202) 452-3829.

SUPPLEMENTARY INFORMATION: On June 15, 1984, OMB delegated to the Board 
authority under the PRA to approve and assign OMB control numbers to 
collections of information conducted or sponsored by the Board. In 
exercising this delegated authority, the Board is directed to take 
every reasonable step to solicit comment. In determining whether to 
approve a collection of information, the Board will consider all 
comments received from the public and other agencies.

Request for Comment on Information Collection Proposal

    The Board invites public comment on the following information 
collection, which is being reviewed under

[[Page 71415]]

authority delegated by the OMB under the PRA. Comments are invited on 
the following:
    a. Whether the proposed collection of information is necessary for 
the proper performance of the Board's functions, including whether the 
information has practical utility;
    b. The accuracy of the Board's estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    c. Ways to enhance the quality, utility, and clarity of the 
information to be collected;
    d. Ways to minimize the burden of information collection on 
respondents, including through the use of automated collection 
techniques or other forms of information technology; and
    e. Estimates of capital or startup costs and costs of operation, 
maintenance, and purchase of services to provide information.
    At the end of the comment period, the comments and recommendations 
received will be analyzed to determine the extent to which the Board 
should modify the proposal.

Proposal Under OMB Delegated Authority To Extend for Three Years, With 
Revision, the Following Information Collection

    Report title: Financial Statements for Holding Companies.
    Agency form number: FR Y-9C, FR Y-9LP, FR Y-9SP, FR Y-9ES, and FR 
Y-9CS.
    OMB control number: 7100-0128.
    Frequency: Quarterly, Semi-annually, annually, and on occasion.
    Respondents: Bank holding companies, certain savings and loan 
holding companies,\1\ any securities holding companies, and U.S. 
intermediate holding companies (collectively, ``HCs'').
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    \1\ An SLHC must file one or more of the FR Y-9 series of 
reports unless it is: (1) A grandfathered unitary SLHC with 
primarily commercial assets and thrifts that make up less than 5 
percent of its consolidated assets; or (2) a SLHC that primarily 
holds insurance-related assets and does not otherwise submit 
financial reports with the SEC pursuant to section 13 or 15(d) of 
the Securities Exchange Act of 1934.
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    Estimated number of respondents: FR Y-9C (non-advanced approaches 
HCs CBLR): 106; FR Y-9C (non-advanced approaches HCs non-CBLR): 237; FR 
Y-9C (advanced approaches HCs): 20; FR Y-9LP: 434; FR Y-9SP: 3,960; FR 
Y-9ES: 83; FR Y-9CS: 236.
    Estimated average hours per response: FR Y-9C (non-advanced 
approaches HCs CBLR): 35.00 hours; FR Y-9C (non-advanced approaches HCs 
non-CBLR): 46.84 hours; FR Y-9C (advanced approaches HCs): 47.59 hours; 
FR Y-9LP: 5.27 hours; FR Y-9SP: 5.40 hours; FR Y-9ES: 0.50 hours; FR Y-
9CS: 0.50 hours.
    Estimated annual burden hours: FR Y-9C (non-advanced approaches HCs 
CBLR): 14,840 hours; FR Y-9C (non-advanced approaches HCs non-CBLR): 
44,404 hours; FR Y-9C (advanced approaches HCs): 3,807 hours; FR Y-9LP: 
9,149 hours; FR Y-9SP: 42,768 hours; FR Y-9ES: 42 hours; FR Y-9CS: 472 
hours.
    General description of report: The FR Y-9C consists of standardized 
financial statements similar to the Call Reports filed by commercial 
banks.\2\ The FR Y-9C collects consolidated data from HCs and is filed 
quarterly by top-tier HCs with total consolidated assets of $3 billion 
or more.\3\
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    \2\ The Call Reports (OMB No. 7100-0036) consist of the 
Consolidated Reports of Condition and Income for a Bank with 
Domestic Offices Only and Total Assets Less than $5 Billion (FFIEC 
051), the Consolidated Reports of Condition and Income for a Bank 
with Domestic Offices Only (FFIEC 041), and the Consolidated Reports 
of Condition and Income for a Bank with Domestic and Foreign Offices 
(FFIEC 031).
    \3\ Under certain circumstances described in the FR Y-9C's 
General Instructions, HCs with assets under $3 billion may be 
required to file the FR Y-9C.
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    The FR Y-9LP, which collects parent company only financial data, 
must be submitted by each HC that files the FR Y-9C, as well as by each 
of its subsidiary HCs.\4\ The report consists of standardized financial 
statements.
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    \4\ A top-tier HC may submit a separate FR Y-9LP on behalf of 
each of its lower-tier HCs.
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    The FR Y-9SP is a parent company only financial statement filed 
semiannually by HCs with total consolidated assets of less than $3 
billion. In a banking organization with total consolidated assets of 
less than $3 billion that has tiered HCs, each HC in the organization 
must submit, or have the top-tier HC submit on its behalf, a separate 
FR Y-9SP. This report collects basic balance sheet and income data for 
the parent company, as well as data on its intangible assets and 
intercompany transactions.
    The FR Y-9ES is filed annually by each employee stock ownership 
plan (ESOP) that is also an HC. The report collects financial data on 
the ESOP's benefit plan activities. The FR Y-9ES consists of four 
schedules: A Statement of Changes in Net Assets Available for Benefits, 
a Statement of Net Assets Available for Benefits, Memoranda, and Notes 
to the Financial Statements.
    The FR Y-9CS is a voluntary free-form supplemental report that the 
Board may utilize to collect critical additional data from HCs deemed 
to be needed in an expedited manner. The FR Y-9CS data collections are 
used to assess and monitor emerging issues related to HCs, and the 
report is intended to supplement the other FR Y-9 reports. The data 
requested by the FR Y-9CS would depend on the Board's data needs in a 
given situation. For example, changes made by the Financial Accounting 
Standards Board (FASB) may introduce into U.S. generally accepted 
accounting principles (U.S. GAAP) new data items that are not currently 
collected by the other FR Y-9 reports. The Board could use the FR Y-9CS 
report to collect these data until the items are implemented into the 
other FR Y-9 reports.\5\
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    \5\ The FR Y-9CS was most recently used by the Board on June 30, 
2008. In that collection, data were requested from banking 
organizations implementing an Advanced Measurement Approach to 
calculate operational risk capital under the Basel II Risk-Based 
Capital Framework. The report was used to conduct a voluntary Loss 
Data Collection Exercise (LDCE) relating to operational risk.
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    Proposed revisions: The Board proposes to revise the FR Y-9C to 
implement various changes to the Board's capital rule that the Board 
has recently finalized. Each of the revisions to the FR Y-9C would take 
effect the same quarter as the effective date of the relevant 
associated revision to the Board's capital rule. The Board is also 
proposing an instructional revision for the reporting of operating 
leases on the FR Y-9C that would take effect March 31, 2020, as well as 
a FR Y-9C instructional change for home equity lines of credit that 
convert from revolving to non-revolving status that would take effect 
March 31, 2021. Finally, the Board proposes to revise the FR Y-9CS to 
clarify that response to the report is voluntary. Additional details 
are provided below for each of these proposed changes.

Simplifications Rule

    The Board proposes to revise the FR Y-9C to implement the Board's 
final rule to simplify certain aspects of the capital rule 
(simplifications rule), which made a number of changes to the 
calculation of common equity tier 1 (CET1) capital, additional tier 1 
capital, and tier 2 capital for non-advanced approaches holding 
companies.6 7 The

[[Page 71416]]

simplifications rule results in different calculations for these tiers 
of regulatory capital for non-advanced approaches holding companies and 
advanced approaches HCs. To reflect the effects of the simplifications 
rule for non-advanced approaches HCs, the Board proposes to adjust the 
existing regulatory capital calculations reported on Schedule HC-R, 
Part I. Although the report would include two sets of calculations (for 
non-advanced approaches HCs and advanced approaches HCs), a HC would 
complete only the set applicable to that holding company.
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    \6\ 84 FR 35234 (July 22, 2019).
    \7\ In general, an advanced approaches HC, as defined in the 
Board's Regulation Q, has consolidated total assets of $250 billion 
or more, has consolidated total on-balance sheet foreign exposure of 
$10 billion or more, has a subsidiary depository institution that 
uses the advanced approaches to calculate its total risk-weighted 
assets, or elects to use the advanced approaches to calculate its 
total risk-weighted assets. See 12 CFR 217.100.
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    The simplifications rule has an effective date of April 1, 2020. On 
October 29, 2019, the Board issued a final rule that permits non-
advanced approaches banking organizations to implement the 
simplifications rule on January 1, 2020.\8\ As a result, non-advanced 
approaches HCs have the option to implement the simplifications rule on 
the revised effective date of January 1, 2020, or wait until the 
quarter beginning April 1, 2020. The Board proposes revisions to 
Schedule HC-R, Regulatory Capital, to implement the associated changes 
to the capital rule effective as of the March 31, 2020, report date, 
consistent with the simplifications rule's optional effective date.
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    \8\ See FR press release, dated October 29, 2019. https://www.federalreserve.gov/newsevents/pressreleases/files/bcreg20191029a2.pdf.
---------------------------------------------------------------------------

    Additionally, the Board is proposing a number of revisions that 
would simplify the capital calculations on Schedule HC-R, Part I and 
Part II, and thereby reduce burden. As previously mentioned, the FR Y-
9C would include two sets of calculations (one that incorporates the 
effects of the simplifications rule and another that does not); 
therefore, a holding company would only complete the column for the set 
of calculations applicable to that holding company. For the March 31, 
2020, report date, non-advanced approaches HCs that elect to adopt the 
simplifications rule on January 1, 2020, would complete the column for 
the set of calculations that incorporates the effects of the 
simplifications rule. Non-advanced approaches HCs that elect to wait to 
adopt the simplifications rules on April 1, 2020, and all advanced 
approaches holding companies would complete the column for the set of 
calculations that does not reflect the effects of this rule (i.e., that 
reflects the capital calculation in effect for all holding companies 
before this revision). Beginning with the June 30, 2020, report date, 
all non-advanced approaches holding companies would complete the column 
for the set of calculations that incorporates the effects of the 
simplifications. The advanced approaches holding companies would 
complete the column that does not reflect the effects of the 
simplifications rule.
    Currently, the regulatory capital calculations in FR Y-9C Schedule 
HC-R require that a holding company's capital cannot include mortgage 
servicing assets (MSAs), certain temporary difference deferred tax 
assets (DTAs), and significant investments in the common stock of 
unconsolidated financial institutions in an amount greater than 10 
percent of CET1 capital, on an individual basis, and that those three 
data items combined cannot comprise more than 15 percent of CET1 
capital. Under the simplifications rule, the Board increased the 
threshold for MSAs, DTAs that could not be realized through net 
operating loss carrybacks (temporary difference DTAs),\9\ and 
investments in the capital of unconsolidated financial institutions for 
non-advanced approaches HCs. In addition, the Board revised the capital 
calculation for minority interest included in the various capital 
categories for non-advanced approaches HCs and the calculation of the 
capital conservation buffer. The Board is proposing to revise Schedule 
HC-R to permit non-advanced approaches HCs to include as capital MSAs 
and temporary difference DTAs up to 25 percent of CET1 capital, on an 
individual basis. The 15 percent aggregate limit would be removed.
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    \9\ The Board notes that the Tax Cuts and Jobs Act, Public Law 
115-97, 131 Stat. 2054 (2017), eliminated the concept of net 
operating loss carrybacks for U.S. federal income tax purposes, 
although the concept may still exist in particular jurisdictions for 
state or foreign income tax purposes.
---------------------------------------------------------------------------

    The simplifications rule also combined the current three categories 
of investments in financial institutions (non-significant investments 
in the capital of unconsolidated financial institutions, significant 
investments in the capital of unconsolidated financial institutions 
that are in the form of common stock, and significant investments in 
the capital of unconsolidated financial institutions that are not in 
the form of common stock) into a single category, investments in the 
capital of unconsolidated financial institutions, and will apply a 
limit of 25 percent of CET1 capital on the amount of these investments 
that can be included in capital. Any investments in excess of the 25 
percent limit would be deducted from capital using the corresponding 
deduction approach. The Board proposes to revise the FR Y-9C to 
implement this change.
    Consistent with the current capital rule, a holding company must 
risk weight MSAs, temporary difference DTAs, and investments in the 
capital of unconsolidated financial institutions that are not deducted. 
As a result of the simplifications rule, non-advanced approaches 
banking organizations will not be required to differentiate among 
categories of investments in the capital of unconsolidated financial 
institutions. The risk weight for such equity exposures generally will 
be 100 percent, provided the exposures qualify for this risk 
weight.\10\ For non-advanced approaches banking organizations, the 
simplifications rule eliminates the exclusion of significant 
investments in the capital of unconsolidated financial institutions in 
the form of common stock from being eligible for a 100 percent risk 
weight.\11\ The application of the 100 percent risk weight (i) requires 
a banking organization to follow an enumerated process for calculating 
adjusted carrying value and (ii) mandates the inclusion of equity 
exposures to determine whether the threshold has been reached. Equity 
exposures that do not qualify for a preferential risk weight will 
generally receive risk weights of either 300 percent or 400 percent, 
depending on whether the equity exposures are publicly traded. The 
Board proposes to revise the FR Y-9C to implement this change, as 
discussed below.
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    \10\ Note that for purposes of calculating the 10 percent 
nonsignificant equity bucket, the capital rule excludes equity 
exposures that are assigned a risk weight of zero percent or 20 
percent and community development equity exposures and the effective 
portion of hedge pairs, both of which are assigned a 100 percent 
risk weight. In addition, the 10 percent non-significant bucket 
excludes equity exposures to an investment firm that would not meet 
the definition of traditional securitization were it not for the 
application of criterion 8 of the definition of traditional 
securitization, and has greater than immaterial leverage.
    \11\ Equity exposures that exceed, in the aggregate, 10 percent 
of a non-advanced approaches banking organization's total capital 
would then be assigned a risk weight based upon the approaches 
available in sections 52 and 53 of the capital rule. 12 CFR 217.52 
and .53.
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    In order to implement these regulatory capital changes, a number of 
revisions are proposed to Schedule HC-R, Part I, for non-advanced 
approaches HCs. Specifically, the Board proposes to create two columns 
for existing items 11 through 19 on the FR Y-9C. Column A would be 
reported by non-advanced approaches HCs that elect to adopt the 
simplifications rule on January 1, 2020, in the March 31, 2020, FR Y-9C 
report

[[Page 71417]]

and by all non-advanced approaches HCs beginning in the June 30, 2020 
FR Y-9C report using the definitions under the simplifications rule. 
Column A would not include items 11 or 16, and items 13 through 15 
would be designated as items 13.a, column A through item 15.a, column A 
to reflect the new calculation methodology. Column B would be reported 
by advanced approaches HCs and by non-advanced approaches HCs that 
elect to wait to adopt the simplifications rule on April 1, 2020, in 
the March 31, 2020, FR Y-9C report and only by advanced approaches HCs 
beginning in the June 30, 2020, FR Y-9C report using the existing 
definitions. Existing items 13 through 15 would be designated as items 
13.b, column B through item 15.b, column B to reflect continued use of 
the existing calculation methodology.
    With respect to the revisions related to the capital calculation 
for minority interests, the Board proposes to modify the FR Y-9C 
instructions to reflect the ability of non-advanced approaches HCs to 
use the revised method under the simplifications rule to calculate 
minority interest in existing items 4, 22, and 29 (CET1, additional 
tier 1, and tier 2 minority interest, respectively).

Community Bank Leverage Ratio

    The Board proposes to revise the FR Y-9C to implement a simplified 
alternative measure of capital adequacy, the community bank leverage 
ratio (CBLR), for qualifying HCs with less than $10 billion in total 
consolidated assets. The proposed revisions would align the FR Y-9C 
with the CBLR final rule,\12\ which implemented section 201 of the 
Economic Growth, Regulatory Relief, and Consumer Protection Act 
(EGRRCPA).\13\ The proposed revisions to the FR Y-9C would become 
effective for the March 31, 2020, report date, the first report date in 
respect of which a HC could elect to opt into the framework established 
by the community leverage bank ratio final rule (CBLR framework).
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    \12\ 84 FR 61776 (November 13, 2019).
    \13\ See Public Law 115-174, 132 Stat. 1296 (2018).
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    Under the CBLR final rule, HCs that have less than $10 billion in 
total consolidated assets, meet risk-based qualifying criteria, and 
have a leverage ratio of greater than 9 percent would be eligible to 
opt into the CBLR framework. A HC that opts into the CBLR framework, 
maintains a leverage ratio of greater than 9 percent, and continues to 
meet the other qualifying criteria will be considered to have satisfied 
the generally applicable risk-based and leverage capital requirements 
and any other capital or leverage requirements to which it is subject.
    Under the CBLR final rule, a holding company that opts into the 
CBLR framework (CBLR HC) may opt out of the CBLR framework at any time, 
without restriction, by reverting to the generally applicable capital 
requirements in the Board's capital rule and reporting its regulatory 
capital information in the FR Y-9C Schedule HC-R, ``Regulatory 
Capital,'' Parts I and II, at the time of opting out.
    As described in the CBLR final rule, a CBLR HC that no longer meets 
the qualifying criteria for the CBLR framework will be required within 
two consecutive calendar quarters (grace period) either to satisfy once 
again the qualifying criteria or demonstrate compliance with the 
generally applicable capital requirements. During the grace period, the 
HC would continue to be treated as a CBLR HC and would be required to 
report its leverage ratio and related components in FR Y-9C Schedule 
HC-R, Part I.\14\ A CBLR HC that ceases to meet the qualifying criteria 
as a result of a business combination (e.g., a merger) will receive no 
grace period, and will immediately become subject to the generally 
applicable capital requirements. Similarly, a CBLR HC that fails to 
maintain a leverage ratio greater than 8 percent would not be permitted 
to use the grace period and would immediately become subject to the 
generally applicable capital requirements.
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    \14\ For example, if the CBLR HC no longer meets one of the 
qualifying criteria as of February 15, and still does not meet the 
criteria as of the end of that quarter, the grace period for such an 
HC will begin as of the end of the quarter ending March 31. The 
banking organization may continue to use the CBLR framework as of 
June 30, but will need to comply fully with the generally applicable 
rule (including the associated reporting requirements) as of 
September 30, unless the HC once again meets all qualifying criteria 
of the CBLR framework, including a leverage ratio of greater than 9 
percent, by that date.
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    The Board proposes to incorporate revisions related to the CBLR 
framework into Schedule HC-R, Part I. As provided in the CBLR final 
rule, the numerator of the community bank leverage ratio will be tier 1 
capital, which is currently reported on Schedule HC-R, Part I, item 26. 
Therefore, the Board is not proposing any changes related to the 
numerator of the CBLR.
    As provided in the planned CBLR final rule, the denominator of the 
community bank leverage ratio will be average total consolidated 
assets. Specifically, average total consolidated assets would be 
calculated in accordance with the existing reporting instructions for 
Schedule HC-R, Part I, items 36 through 39. The Board is not proposing 
any substantive changes related to the denominator of the community 
bank leverage ratio. However, the Board is proposing to move existing 
items 36 through 39 of Schedule HC-R, Part I, and renumber them as 
items 27 through 30 of Schedule HC-R, Part I, to consolidate all of the 
CBLR-related capital items earlier in Schedule HC-R, Part I.
    As provided in the CBLR final rule, an HC will calculate its 
community bank leverage ratio by dividing tier 1 capital by average 
total consolidated assets (as adjusted), and the community bank 
leverage ratio would be reported as a percentage, rounded to four 
decimal places. Since this calculation is essentially identical to the 
existing calculation of the tier 1 leverage ratio in Schedule HC-R, 
Part I, item 44, the Board is not proposing a separate item for the 
community bank leverage ratio in Schedule HC-R, Part I. Instead, the 
Board proposes to move the tier 1 leverage ratio from item 44 of Part I 
and renumber it as item 31, and rename the item to the Leverage Ratio, 
as this ratio would apply to all HCs (as the community bank leverage 
ratio for qualifying HCs or the tier 1 Leverage Ratio for all other 
HCs).
    As provided in the CBLR final rule, a CBLR bank will need to 
satisfy certain qualifying criteria in order to be eligible to opt into 
the CBLR framework. The proposed items identified below would collect 
information necessary to ensure that a HC continuously meets the 
qualifying criteria for using the CBLR framework.

Qualifying Criteria for Using the CBLR Framework

    A HC would need to satisfy certain qualifying criteria to be 
eligible to opt into the CBLR framework. The proposed items below would 
collect the information necessary to ensure that an HC continuously 
meets the qualifying criteria for using the CBLR framework. 
Specifically, a qualifying HC must not be an advanced approaches (AA) 
HC and must meet the following criteria:
     A leverage ratio of greater than 9%;
     Total consolidated assets of less than $10 billion;
     Total trading assets and trading liabilities of 5 percent 
or less of total consolidated assets; and
     Total off-balance sheet exposures (excluding derivatives 
other than sold credit derivatives and unconditionally cancelable 
commitments) of 25 percent or less of total consolidated assets.\15\
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    \15\ As provided in the CBLR final rule, the Board would reserve 
the authority to disallow the use of the CBLR framework by an HC 
based on the risk profile of the HC. This authority derives from the 
general reservation of authority included in the Board's Regulation 
Q, in which the CBLR framework is be codified. See 12 CFR 217.1(d).

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[[Page 71418]]

    Accordingly, the Board proposes to collect the items described 
below from CBLR HCs only:
     In proposed item 32 of Schedule HC-R, Part I, a CBLR HC 
would report total assets, as reported in Schedule HC, item 12.
     In proposed item 33, a CBLR HC would report the sum of 
trading assets from Schedule HC, item 5, and trading liabilities from 
Schedule HC, item 15, in Column A. The HC would also report that sum 
divided by total assets from Schedule HC, item 12, and expressed as a 
percentage in Column B. As provided in the CBLR final rule, trading 
assets and trading liabilities would be added together, not netted, for 
purposes of this calculation. Also as discussed in the CBLR final rule, 
a HC would not meet the definition of a qualifying community banking 
organization for purposes of the CBLR framework if the percentage 
reported in Column B is greater than 5 percent.
     In proposed items 34.a through 34.d, a CBLR HC would 
report information related to commitments, other off-balance sheet 
exposures, and sold credit derivatives.

--In proposed item 34.a, a CBLR HC would report the unused portion of 
conditionally cancellable commitments. This amount would be the amount 
of all unused commitments less the amount of unconditionally 
cancellable commitments, as discussed in the CBLR final rule and 
defined in the agencies' capital rule.\16\ This item would be 
calculated consistent with the sum of Schedule HC-R, Part II, items 
18.a and 18.b, Column A.
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    \16\ See definition of ``unconditionally cancellable'' in 12 CFR 
217.2.
---------------------------------------------------------------------------

--In proposed item 34.b, a CBLR HC would report total securities lent 
and borrowed, which would be the sum of Schedule HC-L, items 6.a and 
6.b.
--In proposed item 34.c, a CBLR HC would report the sum of certain 
other off-balance sheet exposures and sold credit derivatives. 
Specifically, a CBLR HC would report the sum of self-liquidating, 
trade-related contingent items that arise from the movement of goods; 
transaction-related contingent items (performance bonds, bid bonds, 
warranties, and performance standby letters of credit); sold credit 
protection in the form of guarantees and credit derivatives; credit-
enhancing representations and warranties; financial standby letters of 
credit; forward agreements that are not derivative contracts; and off-
balance sheet securitizations. A CBLR HC would not include derivatives 
that are not sold credit derivatives, such as foreign exchange swaps 
and interest rate swaps, in proposed item 34.c.
--In proposed item 34.d, a CBLR HC would report the sum of proposed 
items 34.a through 34.c in Column A. The HC would also report that sum 
divided by total assets from Schedule HC, item 12, and expressed as a 
percentage in Column B. As discussed in the CBLR final rule, a HC would 
not be eligible to opt into the CBLR framework if this percentage is 
greater than 25 percent.

     In proposed item 35, a CBLR HC would report the total of 
unconditionally cancellable commitments, which would be calculated 
consistent with the instructions for existing Schedule HC-R, Part II, 
item 19. This item is not used specifically to calculate a HC's 
eligibility for the CBLR framework. However, the Board is collecting 
this information in order to monitor balance sheet exposures that are 
not reflected in the CBLR framework and to identify any CBLR HCs with 
elevated concentrations in unconditionally cancellable commitments.
     In proposed item 36, a CBLR HC would report the amount of 
investments in the capital instruments of an unconsolidated financial 
institution that would qualify as tier 2 capital. Since the CBLR 
framework does not have a total capital requirement, a CBLR HC is 
neither required to calculate tier 2 capital nor make any deductions 
that would be taken from tier 2 capital. Therefore, if a CBLR HC has 
investments in the capital instruments of an unconsolidated financial 
institution that would qualify as tier 2 capital of the CBLR HC under 
the generally applicable capital requirements (tier 2 qualifying 
instruments), and the CBLR HC's total investments in the capital of 
unconsolidated financial institutions exceed 25 percent of its CET1 
capital, the CBLR bank is not required to deduct the tier 2 qualifying 
instruments. A CBLR HC is required to make a deduction from CET1 
capital or T1 capital only if the sum of its investments in the capital 
of an unconsolidated financial institution is in a form that would 
qualify as CET1 capital or T1 capital instruments of the CBLR HC and 
the sum exceeds the 25 percent CET1 threshold. The Board believes it is 
important to continue collecting information on the amount of 
investments in these capital instruments in order to identify any 
instances where such activity potentially creates an unsafe or unsound 
practice or condition.
    Because a CBLR HC would not be subject to the generally applicable 
capital requirements, a CBLR HC would not need to complete any of the 
items in Schedule HC-R, Part I, after proposed item 36, nor would the 
holding company need to complete Schedule HC-R, Part II, Risk-Weighted 
Assets.
    In connection with moving the leverage ratio calculations and 
inserting items for the CBLR qualifying criteria in Schedule HC-R, Part 
I, existing items 27 through 35 of Schedule HC-R, Part I, will be 
renumbered as items 37 through 45. Existing items 40 through 43 will be 
renumbered as items 46 through 49, while existing items 46 through 48 
will be renumbered as items 50 through 52. For advanced approaches HCs, 
existing items 45 for total leverage exposure and the supplementary 
leverage ratio, will be renumbered as item 53.
    A CBLR HC would indicate that it has elected to apply the CBLR 
framework by completing Schedule HC-R, Part I, items 32 through 36. HCs 
not subject to the CBLR framework would be required to report all data 
items in Schedule HC-R, Part I, except for items 32 through 36.

Standardized Approach for Counterparty Credit Risk on Derivatives

    The Board proposes to revise the FR Y-9C instructions to implement 
changes to the capital rule regarding how to calculate the exposure 
amount of derivative contracts (the standardized approach for 
counterparty credit risk, or ``SA-CCR'') that were implemented by final 
rule (the ``SA-CCR final rule'').\17\
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    \17\ See Federal Reserve press release, dated November 19, 2019. 
https://www.federalreserve.gov/newsevents/pressreleases/bcreg20191119c.htm.
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    The SA-CCR final rule amends the capital rule by replacing the 
current exposure methodology (CEM) with SA-CCR for advanced approaches 
HCs. Under the SA-CCR final rule, an advanced approaches HC will have 
to choose either SA-CCR or the internal models methodology to calculate 
the exposure amount of any noncleared and cleared derivative contracts 
and use SA-CCR to determine the risk-weighted asset amount of any 
default fund contributions. In addition, an advanced approaches HC will 
be required to use SA-CCR (instead of CEM) to calculate the exposure 
amount of noncleared and cleared derivative contracts and to determine 
the risk-weighted asset

[[Page 71419]]

amount of default fund contributions under the standardized approach, 
as well as to determine the exposure amount of derivative contracts for 
purposes of the supplementary leverage ratio.
    Under the SA-CCR final rule, a non-advanced approaches HC will be 
able to use either CEM or SA-CCR to calculate the exposure amount of 
any noncleared and cleared derivative contracts and to determine the 
risk-weighted asset amount of any default fund contributions under the 
standardized approach. A HC that meets the criteria for a banking 
organization subject to Category III standards \18\ will also use SA-
CCR for calculating its supplementary leverage ratio if it chooses to 
use SA-CCR to calculate its derivative and default fund exposures.
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    \18\ The Board's final tailoring rule, approved on October 10, 
2019, describes a Category III banking organization generally as a 
banking organization with $250 billion or more in total consolidated 
assets that is not a global systemically important bank (GSIB) nor 
has significant international activity, or a banking organization 
with total consolidated assets of $100 billion or more, but less 
than $250 billion, that meets or exceeds other specified risk-based 
indicators. See ``Prudential Standards for Large Bank Holding 
Companies, Savings and Loan Holding Companies, and Foreign Banking 
Organizations,'' 84 FR 59032 (November 1, 2019).
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    Accordingly, the Board proposes to revise the instructions for HC-R 
Part II, consistent with the SA-CCR final rule. Generally, the proposed 
revisions to the reporting of derivatives elements in Schedule HC-R, 
Part II, are driven by differences in the methodology for determining 
the exposure amount of a derivative contract under SA-CCR relative to 
CEM. These proposed revisions would be effective for the June 30, 2020, 
report date, the same quarter as the effective date of the SA-CCR final 
rule, with a mandatory compliance date of January 1, 2022.

High Volatility Commercial Real Estate (HVCRE)

    The Board proposes to revise the FR Y-9C instructions to implement 
changes to the HVCRE exposure definition in section 2 of the capital 
rule \19\ to conform to the statutory definition of an HVCRE 
Acquisition, Development, or Construction (ADC) loan (HVCRE final rule 
\20\). The revisions align the capital rule with section 214 of the 
EGRRCPA to exclude from the definition of HVCRE exposure credit 
facilities that finance the acquisition, development, or construction 
of one- to four-family residential properties.\21\
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    \19\ 12 CFR part 217.2.
    \20\ See Federal Reserve press release, dated November 19, 2019, 
https://www.federalreserve.gov/newsevents/pressreleases/bcreg20191119b.htm.
    \21\ Section 214 became effective upon enactment of the EGRRCPA. 
Accordingly, on July 6, 2018, the Board, along with the Office of 
the Comptroller of the Currency (OCC) and the Federal Deposit 
Insurance Corporation (FDIC), issued a statement advising 
institutions that, when determining which loans should be subject to 
a heightened risk weight, they may choose to continue to apply the 
current regulatory definition of HVCRE exposure, or they may choose 
to apply the heightened risk weight only to those loans they 
reasonably believe meet the definition of ``HVCRE ADC loan'' set 
forth in section 214 of the EGRRCPA. See Board, FDIC, and OCC, 
Interagency statement regarding the impact of the Economic Growth, 
Regulatory Relief, and Consumer Protection Act (EGRRCPA). https://www.federalreserve.gov/newsevents/pressreleases/files/bcreg20180706a1.pdf.
    The Board temporarily implemented this revision to the FR Y-9C 
through an emergency PRA clearance that permitted, but did not 
require, a HC to use the definition of HVCRE ADC loan in place of 
the existing definition of HVCRE loan.
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    The HVCRE final rule also clarifies the definition of HVCRE 
exposure in the capital rule by adding a new paragraph that provides 
that the exclusion for one- to four-family residential properties would 
not include credit facilities that solely finance land development 
activities, such as the laying of sewers, water pipes, and similar 
improvements to land, without any construction of one- to four-family 
residential structures. In order for a loan to be eligible for this 
exclusion, the credit facility would be required to include financing 
for construction of one- to four-family residential structures.
    The Board is now proposing to make conforming revisions to the 
instructions for Schedule HC-R, Part II, items 4.b and 5.b in order to 
implement the HVCRE final rule for all reporting HCs.

Operating Lease Liabilities

    In February 2016, the FASB issued ASU No. 2016-02, ``Leases,'' 
which added Topic 842, Leases, to the Accounting Standards Codification 
(ASC). Once ASU 2016-02 is effective for a holding company, the ASU's 
accounting requirements, as amended by certain subsequent ASUs, 
supersede ASC Topic 840, Leases.
    The most significant change that ASC Topic 842 makes to the 
previous lease accounting requirements is to lessee accounting. Under 
the lease accounting standards in ASC Topic 840, lessees recognize 
lease assets and lease liabilities on the balance sheet for capital 
leases, but do not recognize operating leases on the balance sheet. The 
lessee accounting model under Topic 842 retains the distinction between 
operating leases and capital leases, which the new standard labels 
finance leases. However, the new standard requires lessees to record a 
right-of-use (ROU) asset and a lease liability on the balance sheet for 
operating leases. (For finance leases, a lessee's lease asset also is 
designated an ROU asset.) In general, the new standard permits a lessee 
to make an accounting policy election to exempt leases with a term of 
one year or less at their commencement date from on-balance sheet 
recognition.
    The Board also proposes to revise the FR Y-9C instructions to 
implement changes for operating leases to be reported as other 
liabilities instead of other borrowings for regulatory reporting 
purposes. The proposed change would better align the reporting of the 
single noninterest expense item for operating leases in the income 
statement (which is the presentation required by ASC Topic 842) with 
their balance sheet classification.
    For HCs that are public business entities, as defined under U.S. 
GAAP, ASU 2016-02 is effective for fiscal years beginning after 
December 15, 2018, including interim reporting periods within those 
fiscal years. For HCs that are not public business entities, at 
present, the new standard is effective for fiscal years beginning after 
December 15, 2019, and interim reporting periods within fiscal years 
beginning after December 15, 2020. Early application of the new 
standard is permitted for all HCs.
    The FR Y-9C Report Supplemental Instructions for March 2019 \22\ 
stated that a lessee should report lease liabilities for operating 
leases and finance leases, including lease liabilities recorded upon 
adoption of the ASU, in Schedule HC-M, item 14, ``Other borrowings,'' 
which is consistent with the current FR Y-9C instructions for reporting 
a lessee's obligations under capital leases under ASC Topic 840. In 
response to this instructional guidance, the Board received questions 
from HCs concerning the reporting of a bank lessee's lease liabilities 
for operating leases. These HCs indicated that reporting operating 
lease liabilities as other liabilities instead of other borrowings 
would better align the reporting of the single noninterest expense item 
for operating leases in the income statement (which is the presentation 
required by ASC Topic 842) with their balance sheet classification and 
would be consistent with how these HCs report operating lease 
liabilities internally.
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    \22\ https://www.federalreserve.gov/reportforms/supplemental/SI_FRY9_201903.pdf.
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    The Board agrees with the views expressed by these HCs and proposes 
to require that operating lease liabilities be

[[Page 71420]]

reported on the FR Y-9C balance sheet in Schedule HC, item 20, ``Other 
liabilities.'' In Schedule HC-G, Other Liabilities, operating lease 
liabilities would be reported in item 4, ``Other'' effective March 31, 
2020.

Reporting Home Equity Lines of Credit That Convert From Revolving to 
Non-Revolving Status

    Holding companies report the amount outstanding under revolving, 
open-end lines of credit secured by 1-4 family residential properties 
(commonly known as home equity lines of credit or HELOCs) in item 
1.c.(1) of Schedule HC-C, Loans and Lease Financing Receivables. The 
amounts of closed-end loans secured by 1-4 family residential 
properties are reported in Schedule HC-C, item 1.c.(2)(a) or (b), 
depending on whether the loan is a first or a junior lien.\23\
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    \23\ Holding companies report additional information on open-end 
and closed-end loans secured by 1-4 family residential properties in 
certain other FR Y-9C schedules in accordance with the loan category 
definitions in Schedule HC-C, items 1.c.(1), 1.c.(2)(a), and 
1.c.(2)(b).
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    A HELOC is a line of credit secured by a lien on a 1-4 family 
residential property that generally provides a draw period followed by 
a repayment period. During the draw period, a borrower has revolving 
access to unused amounts under a specified line of credit. During the 
repayment period, the borrower can no longer draw on the line of 
credit, and the outstanding principal is either due immediately in a 
balloon payment or repaid over the remaining loan term through monthly 
payments. The FR Y-9C instructions do not address the reporting 
treatment for a home equity line of credit when it reaches its end-of-
draw period and converts from revolving to nonrevolving status. This 
leads to inconsistency in how these credits are reported in Schedule 
HC-C, items 1.c.(1), 1.c.(2)(a), and 1.c.(2)(b), and in other holding 
company items that use the definitions of these three loan categories.
    To address this absence of instructional guidance and promote 
consistency in reporting, the Board proposes to clarify the 
instructions for reporting loans secured by 1-4 family residential 
properties by specifying that after a revolving open-end line of credit 
has converted to non-revolving closed-end status, the loan should be 
reported as closed-end in Schedule HC-C, item 1.c.(2)(a) or (b), as 
appropriate.
    The Board believes that it is important to collect accurate data on 
loans secured by 1-4 family residential properties in the FR Y-9C 
report. Consistent classification of HELOCs based on the status of the 
draw period is particularly important for the Board's safety and 
soundness monitoring. Due to the structure of HELOCs discussed above, 
borrowers generally are not required to make principal repayments 
during the draw period, which may create a financial shock for 
borrowers when they must make a balloon payment or begin regular 
monthly repayments after the draw period. Some HCs report HELOCs past 
the draw period as revolving, and this practice increases the amounts 
outstanding, charge-offs, recoveries, past dues, and nonaccruals 
reported in the open-end category relative to the amounts reported by 
HCs that treat HELOCs past the draw period as closed-end, which makes 
the data less useful for analysis and safety and soundness monitoring. 
In addition, in Accounting Standards Update No. 2019-04,\24\ the FASB 
amended ASC Subtopic 326-20 on credit losses to require that, when 
presenting credit quality disclosures in notes to financial statements 
prepared in accordance with U.S. GAAP, an entity must separately 
disclose line-of-credit arrangements that are converted to term loans 
from line-of-credit arrangements that remain in revolving status. The 
Board has determined that there would be little or no impact to the 
regulatory capital calculations or other regulatory reporting 
requirements as a result of this clarification. Therefore, the Board is 
proposing to clarify the FR Y-9C instructions for Schedule HC-C, items 
1.c.(1), 1.c.(2)(a), and 1.c.(2)(b), to state that revolving open-end 
lines of credit that have converted to non-revolving closed-end status 
should be reported as closed-end loans. The effect of this 
clarification would extend to the instructions for the following data 
items that reference the Schedule HC-C loan category definitions for 
open-end and closed-end loans secured by 1-4 family residential 
properties:
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    \24\ Accounting Standards Update No. 2019-04, ``Codification 
Improvements to Topic 326, Financial Instruments--Credit Losses, 
Topic 815, Derivatives and Hedging, and Topic 825, Financial 
Instruments,'' issued in April 2019.
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     Schedule HI-B, Part I, items 1.c.(1), 1.c.(2)(a), and 
1.c.(2)(b);
     Schedule HC-C, Memoranda item 1.b;
     Schedule HC-C, Memoranda items 6.a, 6.b, 6.c;
     Schedule HC-M, items 6.a.(1)(c)(1), 6.a.(1)(c)(2)(a), and 
6.a.(1)(c)(2)(b);
     Schedule HC-N, items 1.c.(1), 1.c.(2)(a), and 1.c.(2)(b);
     Schedule HC-N, items 12.a.(3)(a), 12.a.(3)(b)(1), and 
12.a.(3)(b)(2);
     Schedule HC-N, Memoranda item 1.b; and
     Schedule HC-S, Memorandum items 2.a, 2.b, and 2.c
    This instructional clarification would not apply to the reporting 
of asset-backed securities collateralized by HELOCs in Schedule HC-B, 
Memorandum item 5.b, and Schedule HC-D, Memorandum item 5.b and 
securitizations of closed-end 1-4 family residential loans and home 
equity lines in Schedule HC-S, columns A and B.
    To provide time needed for any systems changes, the Board proposes 
that compliance with the clarified instructions would not be required 
until the March 31, 2021, report date. HCs not currently reporting in 
accordance with the clarified instructions would be permitted, but not 
required, to report in accordance with the clarified instructions 
before that date.

Proposed Revisions to the FR Y-9CS

    The Board proposes to revise the FR Y-9CS to clarify that response 
to the report is voluntary.
    Legal authorization and confidentiality: The Board has the 
authority to impose the reporting and recordkeeping requirements 
associated with the Y-9 series of reports on bank holding companies 
(``BHCs'') pursuant to section 5 of the Bank Holding Company Act (``BHC 
Act'') (12 U.S.C. 1844); on savings and loan holding companies pursuant 
to section 10(b)(2) and (3) of the Home Owners' Loan Act (12 U.S.C. 
1467a(b)(2) and (3)) as amended by sections 369(8) and 604(h)(2) of the 
Dodd-Frank Wall Street Reform and Consumer Protection Act (``Dodd-Frank 
Act''); on U.S. intermediate holding companies (``U.S. IHCs'') pursuant 
to section 5 of the BHC Act (12 U.S.C. 1844), as well as pursuant to 
sections 102(a)(1) and 165 of the Dodd-Frank Act (12 U.S.C. 511(a)(1) 
and 5365); \25\ and on securities holding companies pursuant to section 
618 of the Dodd-Frank Act (12 U.S.C.

[[Page 71421]]

1850a(c)(1)(A)). The FR Y-9C, FR Y-9LP, FR Y-9SP, and FR Y-9ES reports, 
and the recordkeeping requirements set forth in the respective 
instructions to those reports, are mandatory. The FR Y-9CS supplemental 
report is voluntary.
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    \25\ Section 165(b)(2) of Title I of the Dodd-Frank Act (12 
U.S.C. 5365(b)(2)) refers to ``foreign-based bank holding company.'' 
Section 102(a)(1) of the Dodd-Frank Act (12 U.S.C. 5311(a)(1)) 
defines ``bank holding company'' for purposes of Title I of the 
Dodd-Frank Act to include foreign banking organizations that are 
treated as bank holding companies under section 8(a) of the 
International Banking Act (12 U.S.C. 3106(a)). The Board has 
required, pursuant to section 165(b)(1)(B)(iv) of the Dodd-Frank Act 
(12 U.S.C. 5365(b)(1)(B)(iv)), certain foreign banking organizations 
subject to section 165 of the Dodd-Frank Act to form U.S. 
intermediate holding companies. Accordingly, the parent foreign-
based organization of a U.S. IHC is treated as a BHC for purposes of 
the BHC Act and section 165 of the Dodd-Frank Act. Because Section 
5(c) of the BHC Act authorizes the Board to require reports from 
subsidiaries of BHCs, section 5(c) provides additional authority to 
require U.S. IHCs to report the information contained in the FR Y-9 
series of reports.
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    With respect to the FR Y-9C report, Schedule HI's Memoranda item 
7(g) ``FDIC deposit insurance assessments,'' Schedule HC-P's item 7(a) 
``Representation and warranty reserves for 1-4 family residential 
mortgage loans sold to U.S. government agencies and government 
sponsored agencies,'' and Schedule HC-P's item 7(b) ``Representation 
and warranty reserves for 1-4 family residential mortgage loans sold to 
other parties'' are considered confidential commercial and financial 
information. Such treatment is appropriate under exemption 4 of the 
Freedom of Information Act (``FOIA'') (5 U.S.C. 552(b)(4)), because 
these data items reflect commercial and financial information that is 
both customarily and actually treated as private by the submitter, and 
which the Board has previously assured submitters will be treated as 
confidential. It also appears that disclosing these data items may 
reveal confidential examination and supervisory information, and in 
such instances, this information would also be withheld pursuant to 
exemption 8 of the FOIA (5 U.S.C. 552(b)(8)), which protects 
information related to the supervision or examination of a regulated 
financial institution.
    In addition, for both the FR Y-9C report and the FR Y-9SP report, 
Schedule HC's Memoranda item 2.b., the name and email address of the 
external auditing firm's engagement partner, is considered confidential 
commercial information and protected by exemption 4 of the FOIA (5 
U.S.C. 552(b)(4)), if the identity of the engagement partner is treated 
as private information by HCs. The Board has assured respondents that 
this information will be treated as confidential since the collection 
of this data item was proposed in 2004.
    Aside from the data items described above, the remaining data items 
on the FR Y-9C report and the FR Y-9SP report are generally not 
accorded confidential treatment. The data items collected on FR Y-9LP, 
FR Y-9ES, and FR Y-9CS \26\ reports, are also generally not accorded 
confidential treatment. As provided in the Board's Rules Regarding 
Availability of Information (12 CFR part 261), however, a respondent 
may request confidential treatment for any data items the respondent 
believes should be withheld pursuant to a FOIA exemption. The Board 
will review any such request to determine if confidential treatment is 
appropriate, and will inform the respondent if the request for 
confidential treatment has been denied.
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    \26\ The FR Y-9CS is a supplemental report that may be utilized 
by the Board to collect additional information that is needed in an 
expedited manner from HCs. The information collected on this 
supplemental report is subject to change as needed. Generally, the 
FR Y-9CS report is treated as public. However, where appropriate, 
data items on the FR Y-9CS report may be withheld under exemptions 4 
and/or 8 of the FOIA (5 U.S.C. 552(b)(4) and (8)).
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    To the extent the instructions to the FR Y-9C, FR Y-9LP, FR Y-9SP, 
and FR Y-9ES reports each respectively direct the financial institution 
to retain the workpapers and related materials used in preparation of 
each report, such material would only be obtained by the Board as part 
of the examination or supervision of the financial institution. 
Accordingly, such information is considered confidential pursuant to 
exemption 8 of the FOIA (5 U.S.C. 552(b)(8)). In addition, the 
workpapers and related materials may also be protected by exemption 4 
of the FOIA, to the extent such financial information is treated as 
confidential by the respondent (5 U.S.C. 552(b)(4)).
    Consultation outside the agency: The Board consulted with the FDIC 
and the OCC in regard to these proposed revisions.

    Board of Governors of the Federal Reserve System, December 19, 
2019.
Michele Taylor Fennell,
Assistant Secretary of the Board.
[FR Doc. 2019-27850 Filed 12-26-19; 8:45 am]
 BILLING CODE 6210-01-P