Proposed Agency Information Collection Activities; Comment Request, 40646-40649 [2020-14572]
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40646
Federal Register / Vol. 85, No. 130 / Tuesday, July 7, 2020 / Notices
Receiver has been discharged, and the
Receivership has ceased to exist as a
legal entity.
Authority: 12 U.S.C. 1819
Federal Deposit Insurance Corporation.
Dated at Washington, DC, on July 1, 2020.
James P. Sheesley,
Acting Assistant Executive Secretary.
[FR Doc. 2020–14543 Filed 7–6–20; 8:45 am]
BILLING CODE 6714–01–P
FEDERAL RESERVE SYSTEM
Proposed Agency Information
Collection Activities; Comment
Request
Board of Governors of the
Federal Reserve System.
ACTION: Temporary approval of
information collection, request for
comment.
AGENCY:
The Board of Governors of the
Federal Reserve System (Board) has
temporarily revised the Consolidated
Financial Statements for Holding
Companies (FR Y–9C; OMB No. 7100–
0128) pursuant to the authority
delegated to the Board by the Office of
Management and Budget (OMB), per 5
CFR part 1320, App.A(1)(a)(3)(A) (OMB
Regulations on Controlling Paperwork
Burdens on the Public). Additionally,
the Board invites comment on a
proposal to extend the FR Y–9 family of
reports for three years, with these
revisions to the FR Y–9C.
DATES: Comments must be submitted on
or before September 8, 2020.
ADDRESSES: You may submit comments,
identified by FR Y–9, 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://
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
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SUMMARY:
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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—Alex
Goodenough—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.
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.
FOR FURTHER INFORMATION CONTACT:
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. Pursuant to its delegated
authority, the Board may temporarily
approve a revision to a collection of
information, without providing
opportunity for public comment, if the
Board determines that a change in an
existing collection must be instituted
quickly and that public participation in
the approval process would defeat the
purpose of the collection or
substantially interfere with the Board’s
SUPPLEMENTARY INFORMATION:
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ability to perform its statutory
obligations.
As discussed below, the Board has
made certain temporary revisions to the
FR Y–9C information collection. The
Board’s delegated authority requires that
the Board, after temporarily approving a
collection, publish a notice soliciting
public comment. Therefore, the Board is
also inviting comment on a proposal to
extend the FR Y–9 family of reports for
three years, with these revisions to the
FR Y–9C.
Request for Comment on Information
Collection Proposal
The Board invites public comment on
the following information collection,
which is being reviewed under
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.
Final Approval Under OMB Delegated
Authority of the Temporary Revision
of, and Proposal To Extend for Three
Years, With Revision, of 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; FR Y–9CS.
OMB control number: 7100–0128.
Frequency: Quarterly, semiannually,
and annually.
Respondents: Bank holding
companies (BHCs), savings and loan
holding companies (SLHCs), securities
holding companies (SHCs), and U.S.
intermediate holding companies (IHCs)
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Federal Register / Vol. 85, No. 130 / Tuesday, July 7, 2020 / Notices
(collectively, holding companies
(HCs)).1
Estimated number of respondents:
FR Y–9C (non-advanced approaches
(AA) HCs community bank leverage
ratio (CBLR)) with less than $5 billion
in total assets—71, FR Y–9C (non AA
HCs CBLR) with $5 billion or more in
total assets—35, FR Y–9C (non AA HCs
non-CBLR) with less than $5 billion in
total assets—84, FR Y–9C (non AA HCs
non-CBLR) with $5 billion or more in
total assets—154, FR Y–9C (AA HCs)—
19, FR Y–9LP—434, FR Y–9SP—3,960,
FR Y–9ES—83, FR Y–9CS—236.
Estimated average hours per response:
Reporting
FR Y–9C (non AA HCs CBLR) with
less than $5 billion in total assets—
29.17, FR Y–9C (non AA HCs CBLR)
with $5 billion or more in total assets—
35.14, FR Y–9C (non AA HCs nonCBLR) with less than $5 billion in total
assets—41.01, FR Y–9C (non AA HCs
non-CBLR) with $5 billion or more in
total assets—46.98, FR Y–9C (AA
HCs)—48.80, FR Y–9LP—5.27, FR Y–
9SP—5.40, FR Y–9ES—0.50, FR Y–
9CS—0.50.
Recordkeeping
FR Y–9C—1, FR Y–9LP—1, FR Y–
9SP—0.50, FR Y–9ES—0.50, FR Y–
9CS—0.50.
Estimated annual burden hours:
Reporting
FR Y–9C (non AA HCs CBLR) with
less than $5 billion in total assets—
8,284, FR Y–9C (non AA HCs CBLR)
with $5 billion or more in total assets—
4,920, FR Y–9C (non AA HCs nonCBLR) with less than $5 billion in total
assets—13,779, FR Y–9C (non AA HCs
non-CBLR) with $5 billion or more in
total assets—28,940, FR Y–9C (AA
HCs)—3,709, FR Y–9LP—9,149, FR Y–
9SP—42,768, FR Y–9ES—42, FR Y–
9CS—472.
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Recordkeeping
FR Y–9C—1,452, FR Y–9LP—1,736,
FR Y–9SP—3,960, FR Y–9ES—42, FR
Y–9CS—472.
General description of report: The FR
Y–9 family of reporting forms continues
to be the primary source of financial
data on holding companies that
examiners rely on in the intervals
1 An SLHC must file one or more of the FR Y–
9 family of reports unless it is: (1) A grandfathered
unitary SLHC with primarily commercial assets and
thrifts that make up less than five 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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between on-site inspections. The Board
requires HCs to provide standardized
financial statements to fulfill the
Board’s statutory obligation to supervise
these organizations. Financial data from
these reporting forms are used to detect
emerging financial problems, to review
performance and conduct preinspection analysis, to monitor and
evaluate capital adequacy, to evaluate
holding company mergers and
acquisitions, and to analyze a holding
company’s overall financial condition to
ensure the safety and soundness of its
operations. The FR Y–9C report serves
as standardized financial statements for
the consolidated holding company. The
FR Y–9LP and FR Y–9SP are parentcompany only financial statements
submitted primarily based on the HC’s
total consolidated assets. The FR Y–9ES
is a financial statement for HCs that are
Employee Stock Ownership Plans. The
Board uses the voluntary FR Y–9CS (a
free-form supplement) to collect
additional information deemed to be
critical and needed in an expedited
manner. HCs file the FR Y–9C on a
quarterly basis, the FR Y–9LP quarterly,
the FR Y–9SP semiannually, and the FR
Y–9ES annually, as applicable, and the
FR Y–9CS on a schedule that is
determined when this supplement is
used.
Current Actions
The Board has temporarily revised the
FR Y–9C to collect four new data items
related to the Paycheck Protection
Payment (PPP) loans and the Paycheck
Protection Program Liquidity Facility
(PPPLF).2
In addition, the Board temporarily
revised the FR Y–9C to collect two new
items related to Section 4013 of the
CARES Act. Section 4013 of the CARES
Act permits holding companies
flexibility in modifying loans related to
the coronavirus disease 2019 (COVID–
19).
New Data Items Related to the PPPLF
Section 1102 of the CARES Act allows
for banking organizations to make loans
under a program of the Small Business
Administration (SBA) in connection
with COVID–19 disruptions to small
businesses (referred to as PPP loans or
PPP covered loans). While the loans are
funded by the banking organizations,
they receive a guarantee from the SBA.
The Federal Reserve subsequently
established a liquidity facility to permit
banking organizations to obtain nonrecourse loans, for which PPP loans are
pledged to the facility, to provide
additional liquidity.
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2 85
FR 20387 (April 13, 2020).
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The Board needs to collect
information on the number and
outstanding balance of PPP loans, as
well as the outstanding balance and
quarterly average of PPP loans pledged
to the liquidity facility, for use in
supervising holding companies. These
items also would enable Federal Reserve
supervision staff to monitor credit and
liquidity risk, aggregate industry trends,
and individual institutions’ use of the
PPPLF. Therefore, the Board
temporarily approved the addition of
four new data items to collect this
information, with the collection of these
items expected to be time-limited. The
Board would collect these items through
the December 31, 2021, as-of date. If the
Board subsequently determines that
there is a supervisory need for this
information beyond December 31, 2021,
an extension of these items would be
published for comment in a separate
Federal Register notice.
Starting with the June 30, 2020,
reporting period, a holding company
will be required to report the total
number of PPP loans outstanding, the
outstanding balance of PPP loans, the
outstanding balance of PPP loans
pledged to the Federal Reserve’s
liquidity facility, and the quarterly
average amount of PPP loans pledged to
the Federal Reserve’s liquidity facility
and excluded from average total assets
in the calculation of the leverage ratio.
These items have been added to
Schedule HC–M, as items 25.a, 25.b,
25.c, and 25.d.
Section 4013 of Cares Act
Section 4013 of the CARES Act
suspends the requirements under
United States generally accepted
accounting principles for eligible loan
modifications related to the COVID–19
pandemic that would otherwise be
categorized as troubled debt
restructurings (TDRs). The CARES Act
defines an eligible loan under section
4013 (section 4013 loan) as a loan
modification that is (1) related to
COVID–19, (2) executed on a loan that
was not more than 30 days past due as
of December 31, 2019, and (3) executed
between March 1, 2020, and the earlier
of (A) 60 days after the date of
termination of the National Emergency
concerning the COVID–19 outbreak or
(B) December 31, 2020. Section
4013(d)(2) of the CARES Act provides
that federal banking agencies may
collect data about section 4013 loans for
supervisory purposes.
Holding companies accounting for
eligible loans under Section 4013 are
not required to apply ASC Subtopic
310–40 to the Section 4013 loans for the
term of the loan modification. In
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Federal Register / Vol. 85, No. 130 / Tuesday, July 7, 2020 / Notices
addition, HCs do not have to report
Section 4013 loans as TDRs in
regulatory reports. However, as
provided for under Section 4013, HCs
should maintain records of the volume
of section 4013 loans and the collection
of data about such loans may be
required for supervisory purposes.
Consistent with section 4013(d)(2) of
the CARES Act, the Board has added
two new data items for section 4013
loans to the FR Y–9C, which would be
collected quarterly beginning with the
June 30, 2020, report date. These
confidential items would enable Federal
Reserve supervision staff to monitor
credit risk, aggregate industry trends,
and individual institutions’ use of the
temporary relief provided by section
4013. These new items, Memorandum
item 16.a, ‘‘Number of Section 4013
loans outstanding,’’ and Memorandum
item 16.b, ‘‘Outstanding balance of
Section 4013 loans,’’ have been added to
Schedule HC–C, Part I, Loans and
Leases. These items will enable the
Board to monitor individual HCs’ use of
the temporary relief provided by Section
4013 as well as the volume of loans
modified in accordance with section
4013. The Board would collect these
items through the December 31, 2021,
as-of date. If the Board subsequently
determines that there is a supervisory
need for this information beyond
December 31, 2021, an extension of
these items would be published for
comment in a separate Federal Register
notice.
The Board will collect institutionlevel section 4013 loan information on
a confidential basis. The Board has
encouraged financial institutions to
work with their borrowers during the
National Emergency related to COVID–
19, including use of the relief under
Section 4013.3 However, public
disclosure of supervisory information
on Section 4013 loans could have a
detrimental impact on holding
companies offering modifications under
this provision to borrowers that need
relief due to COVID–19.
The Board has determined that these
temporary revisions to the FR Y–9C
must be instituted quickly and that
public participation in the approval
process would defeat the purpose of the
collection of information, as delaying
the revisions would result in the
collection of inaccurate information,
would interfere with the Board’s ability
3 See ‘‘Interagency Statement on Loan
Modifications and Reporting for Financial
Institutions Working with Customers Affected by
the Coronavirus (Revised)’’ (April 7, 2020),
available at https://www.occ.gov/news-issuances/
news-releases/2020/nr-ia-2020-50a.pdf.
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to perform its statutory duties and to
properly supervise holding companies.
Additionally, the Board proposes to
extend the FR Y–9 family of reports for
three years, with the revisions to the FR
Y–9C discussed above, in order to
permit continued accurate reporting of
related data.
Legal authorization and
confidentiality: The Board has the
authority to impose the reporting and
recordkeeping requirements associated
with the FR Y–9 family of reports on
BHCs pursuant to section 5 of the Bank
Holding Company Act of 1956 (BHC
Act) (12 U.S.C. 1844); on SLHCs
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. 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); and on
securities holding companies pursuant
to section 618 of the Dodd-Frank Act (12
U.S.C. 1850a(c)(1)(A)). The obligation to
submit the FR Y–9 series of reports, and
the recordkeeping requirements set forth
in the respective instructions to each
report, are mandatory.
With respect to the FR Y–9C report,
Schedule HI’s memoranda data item 7(g)
‘‘FDIC deposit insurance assessments,’’
Schedule HC–P’s data 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 data 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.
For both the FR Y–9C report and the
FR Y–9SP report, Schedule HC’s
memorandum item 2.b., the name and
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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.
Additionally, items on the FR Y–9C,
Schedule HC–C for loans modified
under section 4013, data items
Memorandum items 16.a, ‘‘Number of
Section 4013 loans outstanding’’ and
Memorandum items 16.b, ‘‘Outstanding
balance of Section 4013 loans’’ are
considered confidential. While the
Board generally makes institution-level
FR Y–9C report data publicly available,
the Board is collecting section 4013 loan
information as part of condition reports
for the impacted HCs and the Board
considers disclosure of these items at
the HC level would not be in the public
interest.4 Such information is permitted
to be collected on a confidential basis,
consistent with 5 U.S.C. 552(b)(8).5 In
addition, holding companies may be
reluctant to offer modifications under
section 4013 if information on these
modifications made by each holding
company is publicly available, as
analysts, investors, and other users of
public FR Y–9C report information may
penalize an institution for using the
relief provided by the CARES Act. The
Board may disclose section 4013 loan
data on an aggregated basis, consistent
with confidentiality or as otherwise
required by law.
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 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.
4 See
12 U.S.C. 1464(v)(2).
8 of the Freedom of Information Act
(FOIA) specifically exempts from disclosure
information ‘‘contained in or related to
examination, operating, or condition reports
prepared by, on behalf of, or for the use of an
agency responsible for the regulation or supervision
of financial institutions.’’
5 Exemption
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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
Federal Reserve consulted with the
Office of the Comptroller of the
Currency and the Federal Deposit
Insurance Corporation in the
development of this proposal.
Board of Governors of the Federal Reserve
System, July 1, 2020.
Michele Taylor Fennell,
Assistant Secretary of the Board.
[FR Doc. 2020–14572 Filed 7–6–20; 8:45 am]
BILLING CODE 6210–01–P
FEDERAL TRADE COMMISSION
[File No. 191 0158]
Eldorado Resorts and Caesars
Entertainment; Analysis of Agreement
Containing Consent Orders To Aid
Public Comment
Federal Trade Commission.
Proposed consent agreement;
request for comment.
AGENCY:
ACTION:
The consent agreement in this
matter settles alleged violations of
federal law prohibiting unfair methods
of competition. The attached Analysis to
Aid Public Comment describes both the
allegations in the complaint and the
terms of the consent order—embodied
in the consent agreement—that would
settle these allegations.
DATES: Comments must be received on
or before August 6, 2020.
ADDRESSES: Interested parties may file
comments online or on paper, by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Please write: ‘‘Eldorado and
Caesars; File No. 191 0158’’ on your
comment, and file your comment online
at https://www.regulations.gov by
following the instructions on the webbased form. If you prefer to file your
comment on paper, please mail your
comment to the following address:
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SUMMARY:
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16:59 Jul 06, 2020
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Federal Trade Commission, Office of the
Secretary, 600 Pennsylvania Avenue
NW, Suite CC–5610 (Annex D),
Washington, DC 20580; or deliver your
comment to the following address:
Federal Trade Commission, Office of the
Secretary, Constitution Center, 400 7th
Street SW, 5th Floor, Suite 5610 (Annex
D), Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT:
Joshua Smith (202–326–3018), Bureau
of Competition, Federal Trade
Commission, 600 Pennsylvania Avenue
NW, Washington, DC 20580.
SUPPLEMENTARY INFORMATION: Pursuant
to Section 6(f) of the Federal Trade
Commission Act, 15 U.S.C. 46(f), and
FTC Rule 2.34, 16 CFR 2.34, notice is
hereby given that the above-captioned
consent agreement containing a consent
order to cease and desist, having been
filed with and accepted, subject to final
approval, by the Commission, has been
placed on the public record for a period
of thirty (30) days. The following
Analysis of Agreement Containing
Consent Orders to Aid Public Comment
describes the terms of the consent
agreement and the allegations in the
complaint. An electronic copy of the
full text of the consent agreement
package can be obtained from the FTC
website (for June 26, 2020), at this web
address: https://www.ftc.gov/newsevents/commission-actions.
You can file a comment online or on
paper. For the Commission to consider
your comment, we must receive it on or
before August 6, 2020. Write ‘‘Eldorado
and Caesars; File No. 191 0158’’ on your
comment. Your comment—including
your name and your state—will be
placed on the public record of this
proceeding, including, to the extent
practicable, on the https://
www.regulations.gov website.
Due to the public health emergency in
response to the COVID–19 outbreak and
the agency’s heightened security
screening, postal mail addressed to the
Commission will be subject to delay. We
strongly encourage you to submit your
comments online through the https://
www.regulations.gov website.
If you prefer to file your comment on
paper, write ‘‘Eldorado and Caesars; File
No. 191 0158’’ on your comment and on
the envelope, and mail your comment to
the following address: Federal Trade
Commission, Office of the Secretary,
600 Pennsylvania Avenue NW, Suite
CC–5610 (Annex D), Washington, DC
20580; or deliver your comment to the
following address: Federal Trade
Commission, Office of the Secretary,
Constitution Center, 400 7th Street SW,
5th Floor, Suite 5610 (Annex D),
Washington, DC 20024. If possible,
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40649
submit your paper comment to the
Commission by courier or overnight
service.
Because your comment will be placed
on the publicly accessible website at
https://www.regulations.gov, you are
solely responsible for making sure that
your comment does not include any
sensitive or confidential information. In
particular, your comment should not
include any sensitive personal
information, such as your or anyone
else’s Social Security number; date of
birth; driver’s license number or other
state identification number, or foreign
country equivalent; passport number;
financial account number; or credit or
debit card number. You are also solely
responsible for making sure your
comment does not include any sensitive
health information, such as medical
records or other individually
identifiable health information. In
addition, your comment should not
include any ‘‘trade secret or any
commercial or financial information
which . . . is privileged or
confidential’’—as provided by Section
6(f) of the FTC Act, 15 U.S.C. 46(f), and
FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)—
including in particular competitively
sensitive information such as costs,
sales statistics, inventories, formulas,
patterns, devices, manufacturing
processes, or customer names.
Comments containing material for
which confidential treatment is
requested must be filed in paper form,
must be clearly labeled ‘‘Confidential,’’
and must comply with FTC Rule 4.9(c).
In particular, the written request for
confidential treatment that accompanies
the comment must include the factual
and legal basis for the request, and must
identify the specific portions of the
comment to be withheld from the public
record. See FTC Rule 4.9(c). Your
comment will be kept confidential only
if the General Counsel grants your
request in accordance with the law and
the public interest. Once your comment
has been posted on the public FTC
website—as legally required by FTC
Rule 4.9(b)—we cannot redact or
remove your comment from the FTC
website, unless you submit a
confidentiality request that meets the
requirements for such treatment under
FTC Rule 4.9(c), and the General
Counsel grants that request.
Visit the FTC website at https://
www.ftc.gov to read this Notice and the
news release describing this matter. The
FTC Act and other laws that the
Commission administers permit the
collection of public comments to
consider and use in this proceeding, as
appropriate. The Commission will
consider all timely and responsive
E:\FR\FM\07JYN1.SGM
07JYN1
Agencies
[Federal Register Volume 85, Number 130 (Tuesday, July 7, 2020)]
[Notices]
[Pages 40646-40649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14572]
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FEDERAL RESERVE SYSTEM
Proposed Agency Information Collection Activities; Comment
Request
AGENCY: Board of Governors of the Federal Reserve System.
ACTION: Temporary approval of information collection, request for
comment.
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SUMMARY: The Board of Governors of the Federal Reserve System (Board)
has temporarily revised the Consolidated Financial Statements for
Holding Companies (FR Y-9C; OMB No. 7100-0128) pursuant to the
authority delegated to the Board by the Office of Management and Budget
(OMB), per 5 CFR part 1320, App.A(1)(a)(3)(A) (OMB Regulations on
Controlling Paperwork Burdens on the Public). Additionally, the Board
invites comment on a proposal to extend the FR Y-9 family of reports
for three years, with these revisions to the FR Y-9C.
DATES: Comments must be submitted on or before September 8, 2020.
ADDRESSES: You may submit comments, identified by FR Y-9, 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--Alex
Goodenough--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. Pursuant to its
delegated authority, the Board may temporarily approve a revision to a
collection of information, without providing opportunity for public
comment, if the Board determines that a change in an existing
collection must be instituted quickly and that public participation in
the approval process would defeat the purpose of the collection or
substantially interfere with the Board's ability to perform its
statutory obligations.
As discussed below, the Board has made certain temporary revisions
to the FR Y-9C information collection. The Board's delegated authority
requires that the Board, after temporarily approving a collection,
publish a notice soliciting public comment. Therefore, the Board is
also inviting comment on a proposal to extend the FR Y-9 family of
reports for three years, with these revisions to the FR Y-9C.
Request for Comment on Information Collection Proposal
The Board invites public comment on the following information
collection, which is being reviewed under 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.
Final Approval Under OMB Delegated Authority of the Temporary Revision
of, and Proposal To Extend for Three Years, With Revision, of 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; FR Y-
9CS.
OMB control number: 7100-0128.
Frequency: Quarterly, semiannually, and annually.
Respondents: Bank holding companies (BHCs), savings and loan
holding companies (SLHCs), securities holding companies (SHCs), and
U.S. intermediate holding companies (IHCs)
[[Page 40647]]
(collectively, holding companies (HCs)).\1\
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\1\ An SLHC must file one or more of the FR Y-9 family of
reports unless it is: (1) A grandfathered unitary SLHC with
primarily commercial assets and thrifts that make up less than five
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 (AA) HCs community bank leverage
ratio (CBLR)) with less than $5 billion in total assets--71, FR Y-9C
(non AA HCs CBLR) with $5 billion or more in total assets--35, FR Y-9C
(non AA HCs non-CBLR) with less than $5 billion in total assets--84, FR
Y-9C (non AA HCs non-CBLR) with $5 billion or more in total assets--
154, FR Y-9C (AA HCs)--19, FR Y-9LP--434, FR Y-9SP--3,960, FR Y-9ES--
83, FR Y-9CS--236.
Estimated average hours per response:
Reporting
FR Y-9C (non AA HCs CBLR) with less than $5 billion in total
assets--29.17, FR Y-9C (non AA HCs CBLR) with $5 billion or more in
total assets--35.14, FR Y-9C (non AA HCs non-CBLR) with less than $5
billion in total assets--41.01, FR Y-9C (non AA HCs non-CBLR) with $5
billion or more in total assets--46.98, FR Y-9C (AA HCs)--48.80, FR Y-
9LP--5.27, FR Y-9SP--5.40, FR Y-9ES--0.50, FR Y-9CS--0.50.
Recordkeeping
FR Y-9C--1, FR Y-9LP--1, FR Y-9SP--0.50, FR Y-9ES--0.50, FR Y-9CS--
0.50.
Estimated annual burden hours:
Reporting
FR Y-9C (non AA HCs CBLR) with less than $5 billion in total
assets--8,284, FR Y-9C (non AA HCs CBLR) with $5 billion or more in
total assets--4,920, FR Y-9C (non AA HCs non-CBLR) with less than $5
billion in total assets--13,779, FR Y-9C (non AA HCs non-CBLR) with $5
billion or more in total assets--28,940, FR Y-9C (AA HCs)--3,709, FR Y-
9LP--9,149, FR Y-9SP--42,768, FR Y-9ES--42, FR Y-9CS--472.
Recordkeeping
FR Y-9C--1,452, FR Y-9LP--1,736, FR Y-9SP--3,960, FR Y-9ES--42, FR
Y-9CS--472.
General description of report: The FR Y-9 family of reporting forms
continues to be the primary source of financial data on holding
companies that examiners rely on in the intervals between on-site
inspections. The Board requires HCs to provide standardized financial
statements to fulfill the Board's statutory obligation to supervise
these organizations. Financial data from these reporting forms are used
to detect emerging financial problems, to review performance and
conduct pre-inspection analysis, to monitor and evaluate capital
adequacy, to evaluate holding company mergers and acquisitions, and to
analyze a holding company's overall financial condition to ensure the
safety and soundness of its operations. The FR Y-9C report serves as
standardized financial statements for the consolidated holding company.
The FR Y-9LP and FR Y-9SP are parent-company only financial statements
submitted primarily based on the HC's total consolidated assets. The FR
Y-9ES is a financial statement for HCs that are Employee Stock
Ownership Plans. The Board uses the voluntary FR Y-9CS (a free-form
supplement) to collect additional information deemed to be critical and
needed in an expedited manner. HCs file the FR Y-9C on a quarterly
basis, the FR Y-9LP quarterly, the FR Y-9SP semiannually, and the FR Y-
9ES annually, as applicable, and the FR Y-9CS on a schedule that is
determined when this supplement is used.
Current Actions
The Board has temporarily revised the FR Y-9C to collect four new
data items related to the Paycheck Protection Payment (PPP) loans and
the Paycheck Protection Program Liquidity Facility (PPPLF).\2\
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\2\ 85 FR 20387 (April 13, 2020).
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In addition, the Board temporarily revised the FR Y-9C to collect
two new items related to Section 4013 of the CARES Act. Section 4013 of
the CARES Act permits holding companies flexibility in modifying loans
related to the coronavirus disease 2019 (COVID-19).
New Data Items Related to the PPPLF
Section 1102 of the CARES Act allows for banking organizations to
make loans under a program of the Small Business Administration (SBA)
in connection with COVID-19 disruptions to small businesses (referred
to as PPP loans or PPP covered loans). While the loans are funded by
the banking organizations, they receive a guarantee from the SBA. The
Federal Reserve subsequently established a liquidity facility to permit
banking organizations to obtain non-recourse loans, for which PPP loans
are pledged to the facility, to provide additional liquidity.
The Board needs to collect information on the number and
outstanding balance of PPP loans, as well as the outstanding balance
and quarterly average of PPP loans pledged to the liquidity facility,
for use in supervising holding companies. These items also would enable
Federal Reserve supervision staff to monitor credit and liquidity risk,
aggregate industry trends, and individual institutions' use of the
PPPLF. Therefore, the Board temporarily approved the addition of four
new data items to collect this information, with the collection of
these items expected to be time-limited. The Board would collect these
items through the December 31, 2021, as-of date. If the Board
subsequently determines that there is a supervisory need for this
information beyond December 31, 2021, an extension of these items would
be published for comment in a separate Federal Register notice.
Starting with the June 30, 2020, reporting period, a holding
company will be required to report the total number of PPP loans
outstanding, the outstanding balance of PPP loans, the outstanding
balance of PPP loans pledged to the Federal Reserve's liquidity
facility, and the quarterly average amount of PPP loans pledged to the
Federal Reserve's liquidity facility and excluded from average total
assets in the calculation of the leverage ratio. These items have been
added to Schedule HC-M, as items 25.a, 25.b, 25.c, and 25.d.
Section 4013 of Cares Act
Section 4013 of the CARES Act suspends the requirements under
United States generally accepted accounting principles for eligible
loan modifications related to the COVID-19 pandemic that would
otherwise be categorized as troubled debt restructurings (TDRs). The
CARES Act defines an eligible loan under section 4013 (section 4013
loan) as a loan modification that is (1) related to COVID-19, (2)
executed on a loan that was not more than 30 days past due as of
December 31, 2019, and (3) executed between March 1, 2020, and the
earlier of (A) 60 days after the date of termination of the National
Emergency concerning the COVID-19 outbreak or (B) December 31, 2020.
Section 4013(d)(2) of the CARES Act provides that federal banking
agencies may collect data about section 4013 loans for supervisory
purposes.
Holding companies accounting for eligible loans under Section 4013
are not required to apply ASC Subtopic 310-40 to the Section 4013 loans
for the term of the loan modification. In
[[Page 40648]]
addition, HCs do not have to report Section 4013 loans as TDRs in
regulatory reports. However, as provided for under Section 4013, HCs
should maintain records of the volume of section 4013 loans and the
collection of data about such loans may be required for supervisory
purposes.
Consistent with section 4013(d)(2) of the CARES Act, the Board has
added two new data items for section 4013 loans to the FR Y-9C, which
would be collected quarterly beginning with the June 30, 2020, report
date. These confidential items would enable Federal Reserve supervision
staff to monitor credit risk, aggregate industry trends, and individual
institutions' use of the temporary relief provided by section 4013.
These new items, Memorandum item 16.a, ``Number of Section 4013 loans
outstanding,'' and Memorandum item 16.b, ``Outstanding balance of
Section 4013 loans,'' have been added to Schedule HC-C, Part I, Loans
and Leases. These items will enable the Board to monitor individual
HCs' use of the temporary relief provided by Section 4013 as well as
the volume of loans modified in accordance with section 4013. The Board
would collect these items through the December 31, 2021, as-of date. If
the Board subsequently determines that there is a supervisory need for
this information beyond December 31, 2021, an extension of these items
would be published for comment in a separate Federal Register notice.
The Board will collect institution-level section 4013 loan
information on a confidential basis. The Board has encouraged financial
institutions to work with their borrowers during the National Emergency
related to COVID-19, including use of the relief under Section 4013.\3\
However, public disclosure of supervisory information on Section 4013
loans could have a detrimental impact on holding companies offering
modifications under this provision to borrowers that need relief due to
COVID-19.
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\3\ See ``Interagency Statement on Loan Modifications and
Reporting for Financial Institutions Working with Customers Affected
by the Coronavirus (Revised)'' (April 7, 2020), available at https://www.occ.gov/news-issuances/news-releases/2020/nr-ia-2020-50a.pdf.
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The Board has determined that these temporary revisions to the FR
Y-9C must be instituted quickly and that public participation in the
approval process would defeat the purpose of the collection of
information, as delaying the revisions would result in the collection
of inaccurate information, would interfere with the Board's ability to
perform its statutory duties and to properly supervise holding
companies.
Additionally, the Board proposes to extend the FR Y-9 family of
reports for three years, with the revisions to the FR Y-9C discussed
above, in order to permit continued accurate reporting of related data.
Legal authorization and confidentiality: The Board has the
authority to impose the reporting and recordkeeping requirements
associated with the FR Y-9 family of reports on BHCs pursuant to
section 5 of the Bank Holding Company Act of 1956 (BHC Act) (12 U.S.C.
1844); on SLHCs 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. 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); and on securities holding companies pursuant to section 618
of the Dodd-Frank Act (12 U.S.C. 1850a(c)(1)(A)). The obligation to
submit the FR Y-9 series of reports, and the recordkeeping requirements
set forth in the respective instructions to each report, are mandatory.
With respect to the FR Y-9C report, Schedule HI's memoranda data
item 7(g) ``FDIC deposit insurance assessments,'' Schedule HC-P's data
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 data 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.
For both the FR Y-9C report and the FR Y-9SP report, Schedule HC's
memorandum 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.
Additionally, items on the FR Y-9C, Schedule HC-C for loans
modified under section 4013, data items Memorandum items 16.a, ``Number
of Section 4013 loans outstanding'' and Memorandum items 16.b,
``Outstanding balance of Section 4013 loans'' are considered
confidential. While the Board generally makes institution-level FR Y-9C
report data publicly available, the Board is collecting section 4013
loan information as part of condition reports for the impacted HCs and
the Board considers disclosure of these items at the HC level would not
be in the public interest.\4\ Such information is permitted to be
collected on a confidential basis, consistent with 5 U.S.C.
552(b)(8).\5\ In addition, holding companies may be reluctant to offer
modifications under section 4013 if information on these modifications
made by each holding company is publicly available, as analysts,
investors, and other users of public FR Y-9C report information may
penalize an institution for using the relief provided by the CARES Act.
The Board may disclose section 4013 loan data on an aggregated basis,
consistent with confidentiality or as otherwise required by law.
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\4\ See 12 U.S.C. 1464(v)(2).
\5\ Exemption 8 of the Freedom of Information Act (FOIA)
specifically exempts from disclosure information ``contained in or
related to examination, operating, or condition reports prepared by,
on behalf of, or for the use of an agency responsible for the
regulation or supervision of financial institutions.''
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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 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.
[[Page 40649]]
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 Federal Reserve consulted with
the Office of the Comptroller of the Currency and the Federal Deposit
Insurance Corporation in the development of this proposal.
Board of Governors of the Federal Reserve System, July 1, 2020.
Michele Taylor Fennell,
Assistant Secretary of the Board.
[FR Doc. 2020-14572 Filed 7-6-20; 8:45 am]
BILLING CODE 6210-01-P