Agency Information Collection Activities; Submission for OMB Review; Comment Request, 10157-10160 [2021-03210]

Download as PDF Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Notices furtherance of the purposes of the Act. SPX market makers frequently serve as contra parties to crossing transactions on the trading floor. For example, during February 2020 (when the trading floor was open), approximately 76% of SPX orders crossed on the trading floor (consisting of 2,944,161 contracts) included an order of an SPX market maker one side of the transaction.39 Cboe states that this demonstrates the importance of appointed SPX market makers to the provision of liquidity in the SPX market with respect to crossing transactions, which liquidity would not be available to initiate electronic crossing transactions under the current AIM rule.40 Thus, the proposed rule change will further align open outcry and electronic crossing auctions in SPX and provide execution and price improvement opportunities in both auctions by permitting all market participants, not just Cboe SPX market makers, to be solicited to participate in AIM transactions. Moreover, because the Exchange’s rules no longer restrict the group of participants that may provide responses to AIM auctions,41 there are a number of appointed SPX market makers on the Exchange that would remain eligible to provide competitive responses to AIM auctions.42 According to the Exchange, there are currently 28 trading permit holders with SPX appointments that would be available to participate in AIM auctions through both contra orders and auction responses.43 Further, the proposal would allow for an increased number of participants to provide the contra-side interest necessary to initiate a competitive AIM auction, particularly in an exclusively-listed class such as SPX where away market makers are unavailable to provide such interest. The Exchange’s data demonstrated that during the temporary period, SPX market makers executed approximately 31% of SPX volume executed through AIM auctions with auction responses.44 Accordingly, the Commission finds that the proposed rule change, as modified by Amendment Nos. 1 and 2, is consistent with the requirements of the Act. IV. Conclusion It is therefore ordered, pursuant to Section 19(b)(2) of the Act,45 that the proposed rule change, as modified by Amendment Nos. 1 and 2 (SR–CBOE– 2020–050), be, and hereby is, approved. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.46 J. Matthew DeLesDernier, Assistant Secretary. [FR Doc. 2021–03219 Filed 2–17–21; 8:45 am] BILLING CODE 8011–01–P SURFACE TRANSPORTATION BOARD [Docket No. FD 36481] Sonoma-Marin Area Rail Transit District—Acquisition and Operation Exemption—North Coast Railroad Authority Sonoma-Marin Area Rail Transit District (SMART), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire from North Coast Railroad Authority (NCRA) and operate approximately 87.65 miles of rail line (the Line), consisting of: (1) The line of railroad and right-of-way in fee between the Sonoma-Mendocino County, Cal., border at NWP milepost 89 and Healdsburg, Cal., at NWP milepost 68.2; and (2) the freight rail operating easement between Healdsburg, at NWP milepost 68.2 and Lombard, Cal., at SP milepost 63.4.1 The verified notice states that SMART and NCRA have executed an agreement pursuant to which SMART will acquire the Line from NCRA, and that SMART will become the freight operator of the Line, using a noncarrier contract operator. SMART certifies that its projected annual revenues as a result of this transaction will not exceed $5 million or the threshold required to qualify as a Class III carrier. SMART also certifies that the proposed acquisition and operation of the Line does not involve a provision or agreement that may limit future interchange with a third-party connecting carrier. The transaction may be consummated on or after March 4, 2021, the effective date of the exemption (30 days after the verified notice was filed). If the notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of jbell on DSKJLSW7X2PROD with NOTICES 46 17 39 See Amendment No. 1, supra note 4, at 8. 40 See id. 41 See Rules 5.37(c)(5) (AIM) and 5.38(c)(5). 42 See text accompanying supra note 22. 43 See Amendment No. 2, supra note 5, at 3. 44 See Amendment No. 1, supra note 4, at 7. 45 15 U.S.C. 78s(b)(2). VerDate Sep<11>2014 17:47 Feb 17, 2021 Jkt 253001 CFR 200.30–3(a)(12). verified notice states that SMART owns the segment of the Line between Healdsburg and Lombard, subject to an easement for freight rail service over the segment, and that, through this verified notice, SMART will acquire the freight rail easement. See Sonoma-Marin Area Rail Transit Dist.—Acquis. Exemption—Nw. Pac. R.R. Auth., FD 34400 (STB served Mar. 10, 2004). 1 The PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 10157 a petition to revoke will not automatically stay the transaction. Petitions for stay must be filed no later than February 25, 2021 (at least seven days before the exemption becomes effective). All pleadings, referring to Docket No. FD 36481, should be filed with the Surface Transportation Board via efiling on the Board’s website. In addition, a copy of each pleading must be served on SMART’s representative, Kevin M. Sheys, Hogan Lovells US LLP, Columbia Square, 555 Thirteenth St. NW, Washington, DC 20004. According to SMART, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic preservation reporting requirements under 49 CFR 1105.8(b). Board decisions and notices are available at www.stb.gov. Decided: February 12, 2021. By the Board, Allison C. Davis, Director, Office of Proceedings. Jeffrey Herzig, Clearance Clerk. [FR Doc. 2021–03377 Filed 2–17–21; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency FEDERAL RESERVE SYSTEM FEDERAL DEPOSIT INSURANCE CORPORATION Agency Information Collection Activities; Submission for OMB Review; Comment Request Office of the Comptroller of the Currency (OCC), Treasury; Board of Governors of the Federal Reserve System (Board); and Federal Deposit Insurance Corporation (FDIC). ACTION: Joint notice and request for comment. AGENCY: In accordance with the requirements of the Paperwork Reduction Act of 1995 (PRA), the OCC, the Board, and the FDIC (the agencies) may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. On November 30, 2020, the agencies, under the auspices of the Federal Financial Institutions Examination Council (FFIEC), requested public comment for 60 days on a proposal to revise and extend the SUMMARY: E:\FR\FM\18FEN1.SGM 18FEN1 jbell on DSKJLSW7X2PROD with NOTICES 10158 Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Notices Consolidated Reports of Condition and Income (Call Reports) (FFIEC 031, FFIEC 041, and FFIEC 051), which are currently approved collections of information. The agencies’ proposal addressed measurement dates of total asset thresholds associated with the reporting of certain data in the Call Reports. The comment period for the November 2020 notice ended on January 29, 2021. After considering the comments received on the notice, the agencies are proceeding with the proposed revisions to the reporting forms and instructions for the Call Reports related to the agencies’ assetsize thresholds rulemaking. The agencies hereby give notice of their plan to submit to OMB a request to approve the revision and extension of these information collections, and again invite comment on the renewal. DATES: Comments must be submitted on or before March 22, 2021. ADDRESSES: Interested parties are invited to submit written comments to any or all of the agencies. All comments, which should refer to the ‘‘Temporary Call Report Threshold Revisions,’’ will be shared among the agencies. Written comments and recommendations for the proposed information collections should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. You may find these particular information collections by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. Comments should also be sent to: OCC: You may submit comments, which should refer to ‘‘Temporary Call Report Threshold Revisions,’’ by any of the following methods: • Email: prainfo@occ.treas.gov. • Mail: Chief Counsel’s Office, Office of the Comptroller of the Currency, Attention: 1557–0081 and 1557–0239, 400 7th Street SW, Suite 3E–218, Washington, DC 20219. • Hand Delivery/Courier: 400 7th Street SW, Suite 3E–218, Washington, DC 20219. Instructions: You must include ‘‘OCC’’ as the agency name and ‘‘1557– 0081’’ in your comment. In general, the OCC will publish comments on www.reginfo.gov without change, including any business or personal information provided, such as name and address information, email addresses, or phone numbers. Comments received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. Do not include any information in your comment or VerDate Sep<11>2014 17:47 Feb 17, 2021 Jkt 253001 supporting materials that you consider confidential or inappropriate for public disclosure. You may review comments and other related materials that pertain to this information collection beginning on the date of publication of the second notice for this collection by the following method: • Viewing Comments Electronically: Go to www.reginfo.gov. Click on the ‘‘Information Collection Review’’ tab. Underneath the ‘‘Currently under Review’’ section heading, from the dropdown menu select ‘‘Department of Treasury’’ and then click ‘‘submit.’’ This information collection can be located by searching by OMB control number ‘‘1557–0081.’’ Upon finding the appropriate information collection, click on the related ‘‘ICR Reference Number.’’ On the next screen, select ‘‘View Supporting Statement and Other Documents’’ and then click on the link to any comment listed at the bottom of the screen. • For assistance in navigating www.reginfo.gov, please contact the Regulatory Information Service Center at (202) 482–7340. Board: You may submit comments, which should refer to ‘‘Temporary Call Report Threshold Revisions,’’ by any of the following methods: • Agency website: https:// www.federalreserve.gov. Follow the instructions for submitting comments at: https://www.federalreserve.gov/ generalinfo/foia/ProposedRegs.cfm. • Email: regs.comments@ federalreserve.gov. Include ‘‘Temporary Call Report Threshold Revisions’’ 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 on the Board’s website at https:// www.federalreserve.gov/apps/foia/ proposedregs.aspx as submitted, unless modified for technical reasons. Accordingly, your comments will not be edited to remove any identifying or contact information. FDIC: You may submit comments, which should refer to ‘‘Temporary Call Report Threshold Revisions,’’ by any of the following methods: • Agency website: https:// www.fdic.gov/regulations/laws/federal/. Follow the instructions for submitting comments on the FDIC’s website. • Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 • Email: comments@FDIC.gov. Include ‘‘Temporary Call Report Threshold Revisions’’ in the subject line of the message. • Mail: Manuel E. Cabeza, Counsel, Attn: Comments, Room MB–3128, Federal Deposit Insurance Corporation, 550 17th Street NW, Washington, DC 20429. • Hand Delivery: Comments may be hand delivered to the guard station at the rear of the 550 17th Street Building (located on F Street) on business days between 7:00 a.m. and 5:00 p.m. • Public Inspection: All comments received will be posted without change to https://www.fdic.gov/regulations/ laws/federal/ including any personal information provided. Paper copies of public comments may be requested from the FDIC Public Information Center by telephone at (877) 275–3342 or (703) 562–2200. FOR FURTHER INFORMATION CONTACT: For further information about the proposed revisions to the information collections discussed in this notice, please contact any of the agency staff whose names appear below. In addition, copies of the report forms for the Call Reports can be obtained at the FFIEC’s website (https:// www.ffiec.gov/ffiec_report_forms.htm). OCC: Kevin Korzeniewski, Counsel, Chief Counsel’s Office, (202) 649–5490. Board: Nuha Elmaghrabi, Federal Reserve Board Clearance Officer, (202) 452–3884, Office of the Chief Data Officer, Board of Governors of the Federal Reserve System, 20th and C Streets NW, Washington, DC 20551. Telecommunications Device for the Deaf (TDD) users may call (202) 263–4869. FDIC: Manuel E. Cabeza, Counsel, (202) 898–3767, Legal Division, Federal Deposit Insurance Corporation, 550 17th Street NW, Washington, DC 20429. SUPPLEMENTARY INFORMATION: Table of Contents I. Report Summary II. Current Actions A. Background B. Comments Received on the Proposed Call Report Revisions III. Timing IV. Request for Comment I. Report Summary The agencies propose to extend for three years, with revision, the FFIEC 031, FFIEC 041, and FFIEC 051 Call Reports. Report Title: Consolidated Reports of Condition and Income. Form Number: FFIEC 031 (Consolidated Reports of Condition and Income for a Bank with Domestic and Foreign Offices), FFIEC 041 (Consolidated Reports of Condition and E:\FR\FM\18FEN1.SGM 18FEN1 Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Notices Income for a Bank with Domestic Offices Only), and FFIEC 051 (Consolidated Reports of Condition and Income for a Bank with Domestic Offices Only and Total Assets Less Than $5 Billion). Frequency of Response: Quarterly. Affected Public: Business or other forprofit. Type of Review: Revision and extension of currently approved collections. OCC OMB Control No.: 1557–0081. Estimated Number of Respondents: 1,111 national banks and federal savings associations. Estimated Average Burden per Response: 41.92 burden hours per quarter to file. Estimated Total Annual Burden: 186,292 burden hours to file. Board OMB Control No.: 7100–0036. Estimated Number of Respondents: 739 state member banks. Estimated Average Burden per Response: 45.40 burden hours per quarter to file. Estimated Total Annual Burden: 134,202 burden hours to file. jbell on DSKJLSW7X2PROD with NOTICES FDIC OMB Control No.: 3064–0052. Estimated Number of Respondents: 3,263 insured state nonmember banks and state savings associations. Estimated Average Burden per Response: 39.96 burden hours per quarter to file. Estimated Total Annual Burden: 521,558 burden hours to file. The estimated average burden hours collectively reflect the estimates for the FFIEC 031, the FFIEC 041, and the FFIEC 051 reports for each agency. When the estimates are calculated by type of report across the agencies, the estimated average burden hours per quarter are 85.81 (FFIEC 031), 55.20 (FFIEC 041), and 35.27 (FFIEC 051). The agencies believe the change to the measurement date for the total asset thresholds used to determine additional reporting requirements for report dates in 2021 only described in this notice will not result in a change in the burden estimates currently approved by OMB. These estimates do not include increases in burden for report dates in 2021 that would have resulted from institutions growing above asset thresholds within the Call Report because these institutions would now be afforded threshold relief. Instead, the agencies periodically reevaluate their burden estimates based on the data VerDate Sep<11>2014 17:47 Feb 17, 2021 Jkt 253001 items that are regularly completed by institutions. Therefore, the burden estimates for these reports would remain the same if these revisions are finalized. The estimated burden per response for the quarterly filings of the Call Report is an average that varies by agency because of differences in the composition of the institutions under each agency’s supervision (e.g., size distribution of institutions, types of activities in which they are engaged, and existence of foreign offices). Type of Review: Extension and revision of currently approved collections. Legal Basis and Need for Collections The Call Report information collections are mandatory: 12 U.S.C. 161 (national banks), 12 U.S.C. 324 (state member banks), 12 U.S.C. 1817 (insured state nonmember commercial and savings banks), and 12 U.S.C. 1464 (federal and state savings associations). At present, except for selected data items and text, these information collections are not given confidential treatment. Banks and savings associations submit Call Report data to the agencies each quarter for the agencies’ use in monitoring the condition, performance, and risk profile of individual institutions and the industry as a whole. Call Report data serve a regulatory or public policy purpose by assisting the agencies in fulfilling their shared missions of ensuring the safety and soundness of financial institutions and the financial system and protecting consumer financial rights, as well as agency-specific missions affecting national and state-chartered institutions, such as conducting monetary policy, ensuring financial stability, and administering federal deposit insurance. Call Reports are the source of the most current statistical data available for identifying areas of focus for on-site and off-site examinations. Among other purposes, the agencies use Call Report data in evaluating institutions’ corporate applications, including interstate merger and acquisition applications for which the agencies are required by law to determine whether the resulting institution would control more than 10 percent of the total amount of deposits of insured depository institutions in the United States. Call Report data also are used to calculate institutions’ deposit insurance assessments and national banks’ and federal savings associations’ semiannual assessment fees. PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 10159 II. Current Actions A. Background On November 30, 2020, the agencies proposed revisions to the Call Reports 1 to implement their assets-size threshold interim final rule (IFR).2 The IFR adjusted the total asset measurement dates for eligibility to use the FFIEC 051 Call Report 3 and the community bank leverage ratio (CBLR) framework to measure regulatory capital.4 In addition to reflecting these regulatory changes, the agencies proposed Call Report revisions to permit an institution to use the lesser of the total consolidated assets reported in its Call Report as of December 31, 2019, or June 30, 2020, when determining whether the institution has crossed a total asset threshold to report certain additional data items in its Call Reports for report dates in calendar year 2021. The comment period for the November 2020 notice ended on January 29, 2021. B. Comments Received on the Proposed Call Report Revisions The agencies received comments on these proposed Call Report revisions from one trade association. While the commenter supported the temporary change in measurement date for certain Call Report thresholds, the commenter asked the agencies to raise the eligibility threshold to file the FFIEC 051 from $5 billion to $10 billion in total assets. The agencies have adopted rules establishing criteria for eligibility to use the FFIEC 051 Call Report.5 The current FFIEC 051 Call Report instructions permit an institution to file the FFIEC 051 Call Report if it meets certain criteria consistent with those rules. One criterion, consistent with Section 205 of the Economic Growth, Regulatory Relief, and Consumer Protection Act, is that an institution must have total consolidated assets of less than $5 billion in its Call Report as of June 30, 2020, when evaluating eligibility to use the FFIEC 051 Call Report for report dates in calendar year 2021. Due to rapid, shortterm growth in assets by some institutions in 2020, which was in part driven by their participation in various coronavirus disease 2019 related relief programs, the agencies issued an IFR to temporarily adjust the total asset 1 85 FR 76658 (Nov. 30, 2020). FR 77345 (Dec. 2, 2020). 3 See 12 CFR 52.2 (OCC); 12 CFR 208.121 (Board); 12 CFR 304.12 (FDIC). 4 See 12 CFR 3.12 (OCC); 12 CFR 217.12 (Board); 12 CFR 324.12 (FDIC). 5 See definition of covered depository institutions. 12 CFR 52.2 (OCC); 12 CFR 208.121 (Board); 12 CFR 304.12 (FDIC). 2 85 E:\FR\FM\18FEN1.SGM 18FEN1 jbell on DSKJLSW7X2PROD with NOTICES 10160 Federal Register / Vol. 86, No. 31 / Thursday, February 18, 2021 / Notices measurement dates for FFIEC 051 Call Report eligibility,6 and the agencies proposed conforming changes to the Call Report instructions. However, the IFR did not modify the total consolidated assets FFIEC 051 eligibility criteria of less than $5 billion contained in the rule’s definition of covered depository institution. The agencies intend for the Call Report instructions to be consistent with the rule’s definition of covered depository institutions. In addition to the comments received on the proposed Call Report revisions, the agencies received comments on their IFR. In order to implement reporting changes related to the IFR so that they are effective for the March 31, 2021, Call Report, the agencies must publish this notice in advance of concluding their review of comments on the IFR. Therefore, if any potential changes to the IFR would affect the Call Report, the agencies would publish for comment any associated revisions to the Call Report through the standard PRA process, as appropriate. After considering the comments, the agencies are proceeding with the changes to the Call Reports as proposed. The agencies also received a question from a Call Report software provider seeking clarification of the total asset amounts reported and used in calculations related to certain qualifying eligibility criteria for the CBLR. Generally, the Call Report instructions direct an institution to report total assets as reported in Schedule RC, item 12, in Schedule RC–R, Part I, item 32, ‘‘Total assets,’’ and use that total asset amount for other calculations in Schedule RC–R, Part I. An institution that is eligible for and elects to use the CBLR framework pursuant to the agencies’ IFR would report the lesser of its total assets reported in Schedule RC, item 12, as of December 31, 2019, or as of the current quarter-end report date in Schedule RC–R, Part I, item 32. However, the agencies are clarifying that an institution should continue to use its total assets as reported in Schedule RC, item 12, as of the current quarter-end report date when reporting other qualifying criteria for the CBLR framework, i.e., the sum of trading assets and trading liabilities as a percentage of total assets in Schedule RC–R, item 33, column B, and total offbalance sheet exposures as a percentage of total assets in Schedule RC–R, Part I, item 34.d, column B. 6 An institution must still meet the other criteria for eligibility for the FFIEC 051 in the Call Report instructions. VerDate Sep<11>2014 17:47 Feb 17, 2021 Jkt 253001 III. Timing As stated in the November 2020 notice, the agencies propose to permit an institution to use the lesser of the total consolidated assets reported in its Call Report as of December 31, 2019, or June 30, 2020, when determining its eligibility to file the FFIEC 051 Call Report and whether the institution has crossed a total asset threshold that requires the reporting of certain additional data items in its Call Reports (FFIEC 031, FFIEC 041, or FFIEC 051, as applicable) for report dates in calendar year 2021. The agencies are proposing this relief for calendar year 2021 only. In addition, for report dates after the effective date of the agencies’ asset thresholds rule through December 31, 2021, institutions that elect to use the CBLR framework would report CBLR information in Call Report Schedule RC–R, Part I, as reflected in the Call Report instruction book, except that item 32 (Total assets) on that schedule should reflect the lesser of the institution’s total assets as of December 31, 2019, or as of the current quarterend report date and other qualifying criteria reported on that schedule based on percentages of total assets should use the total assets as of the current quarterend report date. IV. Request for Comment Public comment is requested on all aspects of this joint notice. Comment is specifically invited on: (a) Whether the proposed revisions to the collections of information that are the subject of this notice are necessary for the proper performance of the agencies’ functions, including whether the information has practical utility; (b) The accuracy of the agencies’ estimates of the burden of the information collections as they are proposed to be revised, including the validity of the methodology and assumptions used; (c) Ways to enhance the quality, utility, and clarity of the information to be collected; (d) Ways to minimize the burden of information collections on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) Estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 Comments submitted in response to this joint notice will be shared among the agencies. Theodore J. Dowd, Deputy Chief Counsel, Office of the Comptroller of the Currency. Board of Governors of the Federal Reserve System. Michele Taylor Fennell, Deputy Associate Secretary of the Board. Federal Deposit Insurance Corporation. Dated at Washington, DC, on or about February 10, 2021. James P. Sheesley, Assistant Executive Secretary. [FR Doc. 2021–03210 Filed 2–17–21; 8:45 am] BILLING CODE 4810–33–P; 6210–01–P; 6714–01–P DEPARTMENT OF THE TREASURY Periodic Meetings of the U.S. Department of the Treasury Tribal Advisory Committee Department of the Treasury. Notice of meetings. AGENCY: ACTION: This notice announces that the U.S. Department of the Treasury Tribal Advisory Committee (TTAC) will convene public meetings from 1:00 p.m.–4:00 p.m. Eastern Time on Wednesday, March 17, 2021, and Wednesday, June 16, 2021. Due to COVID–19 safety concerns, the meetings will be held via teleconference. The meetings are open to the public, and the teleconference is accessible to individuals with differing abilities. DATES: The meetings will be held on Wednesday, March 17, 2021, from 1:00 p.m.–4:00 p.m. Eastern Time and Wednesday, June 16, 2021, from 1:00 p.m.–4:00 p.m. Eastern Time. ADDRESSES: Due to COVID–19 safety concerns, the meetings will be held via teleconference. No registration is required. Participants who wish to join the meetings should call in using 1– 888–455–7136 or 1–773–799–3680. For the March 17, 2021 Public Meeting, please use participant passcode 6476771 and conference number 1970361. For the June 16, 2021 Public Meeting, please use participant passcode is 4200152 and conference number 1970369. Upon dialing in you will be asked to state your name, title, and organizational affiliation. It is recommended that you call in 15 minutes before the meeting begins. Those participants who wish to make public comments during one of the meetings should email TTAC@ treasury.gov with your name, title, organizational affiliation, date of the public meeting, and email address at least three business days before the SUMMARY: E:\FR\FM\18FEN1.SGM 18FEN1

Agencies

[Federal Register Volume 86, Number 31 (Thursday, February 18, 2021)]
[Notices]
[Pages 10157-10160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03210]


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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency

FEDERAL RESERVE SYSTEM

FEDERAL DEPOSIT INSURANCE CORPORATION


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

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

ACTION: Joint notice and request for comment.

-----------------------------------------------------------------------

SUMMARY: In accordance with the requirements of the Paperwork Reduction 
Act of 1995 (PRA), the OCC, the Board, and the FDIC (the agencies) may 
not conduct or sponsor, and the respondent is not required to respond 
to, an information collection unless it displays a currently valid 
Office of Management and Budget (OMB) control number. On November 30, 
2020, the agencies, under the auspices of the Federal Financial 
Institutions Examination Council (FFIEC), requested public comment for 
60 days on a proposal to revise and extend the

[[Page 10158]]

Consolidated Reports of Condition and Income (Call Reports) (FFIEC 031, 
FFIEC 041, and FFIEC 051), which are currently approved collections of 
information. The agencies' proposal addressed measurement dates of 
total asset thresholds associated with the reporting of certain data in 
the Call Reports. The comment period for the November 2020 notice ended 
on January 29, 2021. After considering the comments received on the 
notice, the agencies are proceeding with the proposed revisions to the 
reporting forms and instructions for the Call Reports related to the 
agencies' asset-size thresholds rulemaking. The agencies hereby give 
notice of their plan to submit to OMB a request to approve the revision 
and extension of these information collections, and again invite 
comment on the renewal.

DATES: Comments must be submitted on or before March 22, 2021.

ADDRESSES: Interested parties are invited to submit written comments to 
any or all of the agencies. All comments, which should refer to the 
``Temporary Call Report Threshold Revisions,'' will be shared among the 
agencies.
    Written comments and recommendations for the proposed information 
collections should be sent within 30 days of publication of this notice 
to www.reginfo.gov/public/do/PRAMain. You may find these particular 
information collections by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
    Comments should also be sent to:
    OCC: You may submit comments, which should refer to ``Temporary 
Call Report Threshold Revisions,'' by any of the following methods:
     Email: [email protected].
     Mail: Chief Counsel's Office, Office of the Comptroller of 
the Currency, Attention: 1557-0081 and 1557-0239, 400 7th Street SW, 
Suite 3E-218, Washington, DC 20219.
     Hand Delivery/Courier: 400 7th Street SW, Suite 3E-218, 
Washington, DC 20219.
    Instructions: You must include ``OCC'' as the agency name and 
``1557-0081'' in your comment. In general, the OCC will publish 
comments on www.reginfo.gov without change, including any business or 
personal information provided, such as name and address information, 
email addresses, or phone numbers. Comments received, including 
attachments and other supporting materials, are part of the public 
record and subject to public disclosure. Do not include any information 
in your comment or supporting materials that you consider confidential 
or inappropriate for public disclosure.
    You may review comments and other related materials that pertain to 
this information collection beginning on the date of publication of the 
second notice for this collection by the following method:
     Viewing Comments Electronically: Go to www.reginfo.gov. 
Click on the ``Information Collection Review'' tab. Underneath the 
``Currently under Review'' section heading, from the drop-down menu 
select ``Department of Treasury'' and then click ``submit.'' This 
information collection can be located by searching by OMB control 
number ``1557-0081.'' Upon finding the appropriate information 
collection, click on the related ``ICR Reference Number.'' On the next 
screen, select ``View Supporting Statement and Other Documents'' and 
then click on the link to any comment listed at the bottom of the 
screen.
     For assistance in navigating www.reginfo.gov, please 
contact the Regulatory Information Service Center at (202) 482-7340.
    Board: You may submit comments, which should refer to ``Temporary 
Call Report Threshold Revisions,'' by any of the following methods:
     Agency website: https://www.federalreserve.gov. Follow the 
instructions for submitting comments at: https://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm.
     Email: [email protected]. Include 
``Temporary Call Report Threshold Revisions'' 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 on the Board's website at https://www.federalreserve.gov/apps/foia/proposedregs.aspx as submitted, 
unless modified for technical reasons. Accordingly, your comments will 
not be edited to remove any identifying or contact information.
    FDIC: You may submit comments, which should refer to ``Temporary 
Call Report Threshold Revisions,'' by any of the following methods:
     Agency website: https://www.fdic.gov/regulations/laws/federal/. Follow the instructions for submitting comments on the FDIC's 
website.
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include ``Temporary Call Report 
Threshold Revisions'' in the subject line of the message.
     Mail: Manuel E. Cabeza, Counsel, Attn: Comments, Room MB-
3128, Federal Deposit Insurance Corporation, 550 17th Street NW, 
Washington, DC 20429.
     Hand Delivery: Comments may be hand delivered to the guard 
station at the rear of the 550 17th Street Building (located on F 
Street) on business days between 7:00 a.m. and 5:00 p.m.
     Public Inspection: All comments received will be posted 
without change to https://www.fdic.gov/regulations/laws/federal/ 
including any personal information provided. Paper copies of public 
comments may be requested from the FDIC Public Information Center by 
telephone at (877) 275-3342 or (703) 562-2200.

FOR FURTHER INFORMATION CONTACT: For further information about the 
proposed revisions to the information collections discussed in this 
notice, please contact any of the agency staff whose names appear 
below. In addition, copies of the report forms for the Call Reports can 
be obtained at the FFIEC's website (https://www.ffiec.gov/ffiec_report_forms.htm).
    OCC: Kevin Korzeniewski, Counsel, Chief Counsel's Office, (202) 
649-5490.
    Board: Nuha Elmaghrabi, Federal Reserve Board Clearance Officer, 
(202) 452-3884, Office of the Chief Data Officer, Board of Governors of 
the Federal Reserve System, 20th and C Streets NW, Washington, DC 
20551. Telecommunications Device for the Deaf (TDD) users may call 
(202) 263-4869.
    FDIC: Manuel E. Cabeza, Counsel, (202) 898-3767, Legal Division, 
Federal Deposit Insurance Corporation, 550 17th Street NW, Washington, 
DC 20429.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Report Summary
II. Current Actions
    A. Background
    B. Comments Received on the Proposed Call Report Revisions
III. Timing
IV. Request for Comment

I. Report Summary

    The agencies propose to extend for three years, with revision, the 
FFIEC 031, FFIEC 041, and FFIEC 051 Call Reports.
    Report Title: Consolidated Reports of Condition and Income.
    Form Number: FFIEC 031 (Consolidated Reports of Condition and 
Income for a Bank with Domestic and Foreign Offices), FFIEC 041 
(Consolidated Reports of Condition and

[[Page 10159]]

Income for a Bank with Domestic Offices Only), and FFIEC 051 
(Consolidated Reports of Condition and Income for a Bank with Domestic 
Offices Only and Total Assets Less Than $5 Billion).
    Frequency of Response: Quarterly.
    Affected Public: Business or other for-profit.
    Type of Review: Revision and extension of currently approved 
collections.

OCC

    OMB Control No.: 1557-0081.
    Estimated Number of Respondents: 1,111 national banks and federal 
savings associations.
    Estimated Average Burden per Response: 41.92 burden hours per 
quarter to file.
    Estimated Total Annual Burden: 186,292 burden hours to file.

Board

    OMB Control No.: 7100-0036.
    Estimated Number of Respondents: 739 state member banks.
    Estimated Average Burden per Response: 45.40 burden hours per 
quarter to file.
    Estimated Total Annual Burden: 134,202 burden hours to file.

FDIC

    OMB Control No.: 3064-0052.
    Estimated Number of Respondents: 3,263 insured state nonmember 
banks and state savings associations.
    Estimated Average Burden per Response: 39.96 burden hours per 
quarter to file.
    Estimated Total Annual Burden: 521,558 burden hours to file.
    The estimated average burden hours collectively reflect the 
estimates for the FFIEC 031, the FFIEC 041, and the FFIEC 051 reports 
for each agency. When the estimates are calculated by type of report 
across the agencies, the estimated average burden hours per quarter are 
85.81 (FFIEC 031), 55.20 (FFIEC 041), and 35.27 (FFIEC 051). The 
agencies believe the change to the measurement date for the total asset 
thresholds used to determine additional reporting requirements for 
report dates in 2021 only described in this notice will not result in a 
change in the burden estimates currently approved by OMB. These 
estimates do not include increases in burden for report dates in 2021 
that would have resulted from institutions growing above asset 
thresholds within the Call Report because these institutions would now 
be afforded threshold relief. Instead, the agencies periodically 
reevaluate their burden estimates based on the data items that are 
regularly completed by institutions. Therefore, the burden estimates 
for these reports would remain the same if these revisions are 
finalized. The estimated burden per response for the quarterly filings 
of the Call Report is an average that varies by agency because of 
differences in the composition of the institutions under each agency's 
supervision (e.g., size distribution of institutions, types of 
activities in which they are engaged, and existence of foreign 
offices).
    Type of Review: Extension and revision of currently approved 
collections.
Legal Basis and Need for Collections
    The Call Report information collections are mandatory: 12 U.S.C. 
161 (national banks), 12 U.S.C. 324 (state member banks), 12 U.S.C. 
1817 (insured state nonmember commercial and savings banks), and 12 
U.S.C. 1464 (federal and state savings associations). At present, 
except for selected data items and text, these information collections 
are not given confidential treatment.
    Banks and savings associations submit Call Report data to the 
agencies each quarter for the agencies' use in monitoring the 
condition, performance, and risk profile of individual institutions and 
the industry as a whole. Call Report data serve a regulatory or public 
policy purpose by assisting the agencies in fulfilling their shared 
missions of ensuring the safety and soundness of financial institutions 
and the financial system and protecting consumer financial rights, as 
well as agency-specific missions affecting national and state-chartered 
institutions, such as conducting monetary policy, ensuring financial 
stability, and administering federal deposit insurance. Call Reports 
are the source of the most current statistical data available for 
identifying areas of focus for on-site and off-site examinations. Among 
other purposes, the agencies use Call Report data in evaluating 
institutions' corporate applications, including interstate merger and 
acquisition applications for which the agencies are required by law to 
determine whether the resulting institution would control more than 10 
percent of the total amount of deposits of insured depository 
institutions in the United States. Call Report data also are used to 
calculate institutions' deposit insurance assessments and national 
banks' and federal savings associations' semiannual assessment fees.

II. Current Actions

A. Background

    On November 30, 2020, the agencies proposed revisions to the Call 
Reports \1\ to implement their assets-size threshold interim final rule 
(IFR).\2\ The IFR adjusted the total asset measurement dates for 
eligibility to use the FFIEC 051 Call Report \3\ and the community bank 
leverage ratio (CBLR) framework to measure regulatory capital.\4\ In 
addition to reflecting these regulatory changes, the agencies proposed 
Call Report revisions to permit an institution to use the lesser of the 
total consolidated assets reported in its Call Report as of December 
31, 2019, or June 30, 2020, when determining whether the institution 
has crossed a total asset threshold to report certain additional data 
items in its Call Reports for report dates in calendar year 2021.
---------------------------------------------------------------------------

    \1\ 85 FR 76658 (Nov. 30, 2020).
    \2\ 85 FR 77345 (Dec. 2, 2020).
    \3\ See 12 CFR 52.2 (OCC); 12 CFR 208.121 (Board); 12 CFR 304.12 
(FDIC).
    \4\ See 12 CFR 3.12 (OCC); 12 CFR 217.12 (Board); 12 CFR 324.12 
(FDIC).
---------------------------------------------------------------------------

    The comment period for the November 2020 notice ended on January 
29, 2021.

B. Comments Received on the Proposed Call Report Revisions

    The agencies received comments on these proposed Call Report 
revisions from one trade association. While the commenter supported the 
temporary change in measurement date for certain Call Report 
thresholds, the commenter asked the agencies to raise the eligibility 
threshold to file the FFIEC 051 from $5 billion to $10 billion in total 
assets.
    The agencies have adopted rules establishing criteria for 
eligibility to use the FFIEC 051 Call Report.\5\ The current FFIEC 051 
Call Report instructions permit an institution to file the FFIEC 051 
Call Report if it meets certain criteria consistent with those rules. 
One criterion, consistent with Section 205 of the Economic Growth, 
Regulatory Relief, and Consumer Protection Act, is that an institution 
must have total consolidated assets of less than $5 billion in its Call 
Report as of June 30, 2020, when evaluating eligibility to use the 
FFIEC 051 Call Report for report dates in calendar year 2021. Due to 
rapid, short-term growth in assets by some institutions in 2020, which 
was in part driven by their participation in various coronavirus 
disease 2019 related relief programs, the agencies issued an IFR to 
temporarily adjust the total asset

[[Page 10160]]

measurement dates for FFIEC 051 Call Report eligibility,\6\ and the 
agencies proposed conforming changes to the Call Report instructions. 
However, the IFR did not modify the total consolidated assets FFIEC 051 
eligibility criteria of less than $5 billion contained in the rule's 
definition of covered depository institution. The agencies intend for 
the Call Report instructions to be consistent with the rule's 
definition of covered depository institutions.
---------------------------------------------------------------------------

    \5\ See definition of covered depository institutions. 12 CFR 
52.2 (OCC); 12 CFR 208.121 (Board); 12 CFR 304.12 (FDIC).
    \6\ An institution must still meet the other criteria for 
eligibility for the FFIEC 051 in the Call Report instructions.
---------------------------------------------------------------------------

    In addition to the comments received on the proposed Call Report 
revisions, the agencies received comments on their IFR. In order to 
implement reporting changes related to the IFR so that they are 
effective for the March 31, 2021, Call Report, the agencies must 
publish this notice in advance of concluding their review of comments 
on the IFR. Therefore, if any potential changes to the IFR would affect 
the Call Report, the agencies would publish for comment any associated 
revisions to the Call Report through the standard PRA process, as 
appropriate.
    After considering the comments, the agencies are proceeding with 
the changes to the Call Reports as proposed.
    The agencies also received a question from a Call Report software 
provider seeking clarification of the total asset amounts reported and 
used in calculations related to certain qualifying eligibility criteria 
for the CBLR. Generally, the Call Report instructions direct an 
institution to report total assets as reported in Schedule RC, item 12, 
in Schedule RC-R, Part I, item 32, ``Total assets,'' and use that total 
asset amount for other calculations in Schedule RC-R, Part I. An 
institution that is eligible for and elects to use the CBLR framework 
pursuant to the agencies' IFR would report the lesser of its total 
assets reported in Schedule RC, item 12, as of December 31, 2019, or as 
of the current quarter-end report date in Schedule RC-R, Part I, item 
32. However, the agencies are clarifying that an institution should 
continue to use its total assets as reported in Schedule RC, item 12, 
as of the current quarter-end report date when reporting other 
qualifying criteria for the CBLR framework, i.e., the sum of trading 
assets and trading liabilities as a percentage of total assets in 
Schedule RC-R, item 33, column B, and total off-balance sheet exposures 
as a percentage of total assets in Schedule RC-R, Part I, item 34.d, 
column B.

III. Timing

    As stated in the November 2020 notice, the agencies propose to 
permit an institution to use the lesser of the total consolidated 
assets reported in its Call Report as of December 31, 2019, or June 30, 
2020, when determining its eligibility to file the FFIEC 051 Call 
Report and whether the institution has crossed a total asset threshold 
that requires the reporting of certain additional data items in its 
Call Reports (FFIEC 031, FFIEC 041, or FFIEC 051, as applicable) for 
report dates in calendar year 2021. The agencies are proposing this 
relief for calendar year 2021 only.
    In addition, for report dates after the effective date of the 
agencies' asset thresholds rule through December 31, 2021, institutions 
that elect to use the CBLR framework would report CBLR information in 
Call Report Schedule RC-R, Part I, as reflected in the Call Report 
instruction book, except that item 32 (Total assets) on that schedule 
should reflect the lesser of the institution's total assets as of 
December 31, 2019, or as of the current quarter-end report date and 
other qualifying criteria reported on that schedule based on 
percentages of total assets should use the total assets as of the 
current quarter-end report date.

IV. Request for Comment

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

Theodore J. Dowd,
Deputy Chief Counsel, Office of the Comptroller of the Currency.

Board of Governors of the Federal Reserve System.
Michele Taylor Fennell,
Deputy Associate Secretary of the Board.

Federal Deposit Insurance Corporation.

    Dated at Washington, DC, on or about February 10, 2021.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2021-03210 Filed 2-17-21; 8:45 am]
BILLING CODE 4810-33-P; 6210-01-P; 6714-01-P
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