Agency Information Collection Activities: Announcement of Board Approval Under Delegated Authority and Submission to OMB, 28346-28350 [2021-11140]

Download as PDF 28346 Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Notices supporting statement, and other documentation will be available at https://www.reginfo.gov/public/do/ PRAMain, 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 above. 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. Proposal Under OMB Delegated Authority To Extend for Three Years, Without Revision, the Following Information Collection Report title: Policy Impact Survey. Agency form number: FR 3075. OMB control number: 7100–0362. Frequency: On occasion. Respondents: Bank holding companies (BHCs), savings and loan holding companies (SLHCs), any nonbank financial company that the Financial Stability Oversight Council has determined should be supervised by the Board, and the combined domestic operations of foreign banking organizations. Estimated number of respondents: 14. Estimated average hours per response: 700. Estimated annual burden hours: 68,600. VerDate Sep<11>2014 20:00 May 25, 2021 Jkt 253001 General description of report: This survey collects information from certain types of institutions regulated by the Board in order to assess the effects of proposed, pending, or recently adopted policy changes at the domestic and international levels. The Board uses the survey to collect information used for certain quantitative impact studies (QISs) 1 sponsored by financial stability bodies such as the Basel Committee on Banking Supervision (BCBS) and the Financial Stability Board (FSB). Recent collections have included the Basel III monitoring exercise, which monitors the global impact of the Basel III framework,2 the global systemically important bank (G–SIB) exercise, which assesses firms’ systemic risk profiles,3 and a survey of the domestic systemic risk footprint of large foreign banking organizations. Since the collected data may change from survey to survey, there is no fixed reporting form. Legal authorization and confidentiality: Information collected under the FR 3075 is authorized by the Board’s reporting authorities, which are located in section 5(c) of the Bank Holding Company Act 4 for bank holding companies and their subsidiaries, section 10(b)(2) of the Home Owners’ Loan Act 5 for savings and loan holding companies and their subsidiaries, section 161(a) of the DoddFrank Act 6 for nonbank financial companies supervised by the Board, section 8(a) of the International Banking Act and section 5(c) of the Bank Holding Company Act 7 for the combined domestic operations of certain foreign banking organizations, section 9 of the Federal Reserve Act 8 for state member banks, sections 25 and 25A of the Federal Reserve Act 9 for Edge and agreement corporations, and section 7(c)(2) of the International Banking Act and section 7(a) of the Federal Deposit Insurance Act 10 for U.S. branches and agencies of foreign banks. Response to the FR 3075 is voluntary. The questions asked on each survey will vary. The Board’s ability to keep confidential responses to the FR 3075 1 A QIS is a survey of financial institutions that allows supervisors to assess the quantitative impact of policy changes. 2 For more information on the Basel III monitoring exercise, including recent examples of QISs sponsored by BCBS and conducted by the Board, see www.bis.org/bcbs/qis/. 3 For more information on the G–SIB exercise, see www.bis.org/bcbs/gsib/. 4 12 U.S.C. 1844(c). 5 12 U.S.C. 1467a(b)(2). 6 12 U.S.C. 5361(a). 7 12 U.S.C. 3106(a) and 1844(c). 8 12 U.S.C. 324. 9 12 U.S.C. 602 and 625. 10 12 U.S.C. 3105(c)(2) and 1817(a). PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 must therefore be determined on a caseby-case basis. To the extent responses include nonpublic commercial or financial information, which is both customarily and actually treated as private by the respondent, such information may be kept confidential pursuant to exemption 4 of the Freedom of Information Act (FOIA).11 Some survey responses may also contain information contained in or related to an examination of a financial institution, which may be kept confidential under exemption 8 of FOIA.12 To the extent a respondent submits personal, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of privacy, the respondent may request confidential treatment pursuant to exemption 6 of the FOIA.13 Aggregate survey information from the FR 3075 is not considered confidential and may be cited in published material such as Board studies or working papers, proposed or final rules, professional journals, the Federal Reserve Bulletin, testimony and reports to the Congress, or other vehicles. Board of Governors of the Federal Reserve System, May 20, 2021. Michele Taylor Fennell, Deputy Associate Secretary of the Board. [FR Doc. 2021–11138 Filed 5–25–21; 8:45 am] BILLING CODE 6210–01–P FEDERAL RESERVE SYSTEM Agency Information Collection Activities: Announcement of Board Approval Under Delegated Authority and Submission to OMB Board of Governors of the Federal Reserve System. SUMMARY: The Board of Governors of the Federal Reserve System (Board) is adopting a proposal to extend for three years, with revision, the Financial Statements for Holding Companies (FR Y–9 reports; OMB Control Number 7100–0128), the Financial Statements of Foreign Subsidiaries of U.S. Banking Organizations (FR 2314/2314S, OMB No. 7100–0073), the Financial Statements of U.S. Nonbank Subsidiaries held by Foreign Banking Organizations (FR Y–7N/7NS/7Q, OMB No. 7100–0125), and the Financial Statements of U.S. Nonbank Subsidiaries of U.S. Holding Companies (FR Y–11/11S, OMB No. 7100–0244). The Board previously approved these AGENCY: 11 5 U.S.C. 552(b)(4). U.S.C. 552(b)(8). 13 5 U.S.C. 552(b)(6). 12 5 E:\FR\FM\26MYN1.SGM 26MYN1 Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Notices revisions on a temporary basis, for a period of six months, effective December 2, 2020. The Board is now extending approval of these information collections for three years, with revisions that will remain in effect through December 31, 2021. FOR FURTHER INFORMATION CONTACT: 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. Office of Management and Budget (OMB) Desk Officer—Will Bestani— 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. SUPPLEMENTARY INFORMATION: On June 15, 1984, OMB delegated to the Board authority under the Paperwork Reduction Act (PRA) to approve and assign OMB control numbers to collections of information conducted or sponsored by the Board. Boardapproved collections of information are incorporated into the official OMB inventory of currently approved collections of information. The OMB inventory, as well as copies of the PRA Submission, supporting statements, and approved collection of information instrument(s) are available at https:// www.reginfo.gov/public/do/PRAMain. These documents are also available on the Federal Reserve 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 above. Final Approval Under OMB Delegated Authority of the Extension for Three Years, With Revision, of the Following Information Collections (1) Report title: Financial Statements for Holding Companies. Agency form numbers: FR Y–9C, FR Y–9LP, FR Y–9SP, FR Y–9ES, and FR Y–9CS. OMB control number: 7100–0128. Frequency: Quarterly, semiannually, and annually. Respondents: Bank holding companies, savings and loan holding companies, securities holding companies, and U.S. intermediate holding companies (collectively, holding companies).1 1 The following depository institution holding companies are exempt: (1) A unitary savings and loan holding company with primarily commercial assets that meets the requirements of section VerDate Sep<11>2014 20:00 May 25, 2021 Jkt 253001 Estimated number of respondents: FR Y–9C (non-advanced approaches holding companies with less than $5 billion in total assets)—124, FR Y–9C (non-advanced approaches holding companies with $5 billion or more in total assets)—218, FR Y–9C (advanced approaches holding companies)—9, FR Y–9LP—416, FR Y–9SP—3,739, FR Y–9ES—78, FR Y–9CS—236. Estimated average hours per response: Reporting FR Y–9C (non-advanced approaches holding companies with less than $5 billion in total assets)—35.72, FR Y–9C (non-advanced approaches holding companies with $5 billion or more in total assets)—44.92, FR Y–9C (advanced approaches holding companies)—50.14, 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-advanced approaches holding companies with less than $5 billion in total assets)—17,717, FR Y–9C (non-advanced approaches holding companies with $5 billion or more in total assets)—39,170, FR Y–9C (advanced approaches holding companies)—1,805, FR Y–9LP—8,769, FR Y–9SP—40,381, FR Y–9ES—39, FR Y–9CS—472. Recordkeeping FR Y–9C—1,404, FR Y–9LP—1,664, FR Y–9SP—3,739, FR Y–9ES—39, 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 10(c)(9)(c) of the Home Owners’ Loan Act, for which thrifts make up less than 5 percent of its consolidated assets; and (2) any depository institution holding company that is an insurance underwriting company, or that, as of June 30 of the previous calendar year, held 25 percent or more of its total consolidated assets in subsidiaries that are insurance underwriting companies (other than assets associated with insurance for credit risk). PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 28347 requires holding companies 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, FR Y–9LP, and FR Y–9SP serve as standardized financial statements for the holding companies. The FR Y–9ES is a financial statement for holding companies 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. Holding companies file the FR Y–9C on a quarterly basis, the FR Y–9LP quarterly, the FR Y–9SP semiannually, the FR Y–9ES annually, and the FR Y– 9CS on a schedule that is determined when this supplement is used. Legal authorization and confidentiality: The reporting and recordkeeping requirements associated with the FR Y–9 series of reports are authorized for bank holding companies pursuant to section 5 of the Bank Holding Company Act (‘‘BHC Act’’); 2 for savings and loan holding companies (‘‘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’’); for intermediate holding companies (‘‘IHCs’’) pursuant to section 5 of the BHC Act, as well as pursuant to sections 102(a)(1) and 165 of the Dodd-Frank Act; 3 and for securities holding 2 12 U.S.C. 1844. U.S.C. 5311(a)(1) and 5365; Section 165(b)(2) of Title I of the Dodd-Frank Act, 12 U.S.C. 5365(b)(2), refers to ‘‘foreign-based bank holding company.’’ Section 102(a)(1) of the Dodd-Frank Act, 12 U.S.C. 5311(a)(1), defines ‘‘bank holding company’’ for purposes of Title I of the Dodd-Frank Act to include foreign banking organizations that are treated as bank holding companies under section 8(a) of the International Banking Act, 12 U.S.C. 3106(a). The Board has required, pursuant to section 165(b)(1)(B)(iv) of the Dodd-Frank Act, 12 U.S.C. 5365(b)(1)(B)(iv), certain foreign banking organizations subject to section 165 of the DoddFrank Act to form U.S. intermediate holding companies. Accordingly, the parent foreign-based organization of a U.S. IHC is treated as a BHC for purposes of the BHC Act and section 165 of the Dodd-Frank Act. Because section 5(c) of the BHC Act authorizes the Board to require reports from subsidiaries of BHCs, section 5(c) provides additional authority to require U.S. IHCs to report 3 12 E:\FR\FM\26MYN1.SGM Continued 26MYN1 28348 Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Notices companies pursuant to section 618 of the Dodd-Frank Act.4 Except for the FR Y–9CS report, which is expected to be collected on a voluntary basis, the obligation to submit the remaining reports in the FR Y–9 series of reports and to comply with the recordkeeping requirements set forth in the respective instructions to each of the other reports is mandatory. With respect to the FR Y–9C report, Schedule HI’s Memorandum item 7.g, ‘‘FDIC deposit insurance assessments,’’ Schedule HC–P’s item 7.a, ‘‘Representation and warranty reserves for 1–4 family residential mortgage loans sold to U.S. government agencies and government sponsored agencies,’’ and Schedule HC–P’s item 7.b, ‘‘Representation and warranty reserves for 1–4 family residential mortgage loans sold to other parties’’ are considered confidential commercial and financial information. Such treatment is appropriate under exemption 4 of the Freedom of Information Act (‘‘FOIA’’) 5 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. Disclosing these data items also may reveal confidential examination and supervisory information, and in such instances, the information also would be withheld pursuant to exemption 8 of the FOIA,6 which protects information related to the supervision or examination of a regulated financial institution. In addition, for both the FR Y–9C report and the FR Y–9SP report, Schedule HC’s 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 7 if the identity of the engagement partner is treated as private information by the holding company. 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 regarding loans modified under section 4013 of the CARES Act (Memorandum item 16.a, ‘‘Number of Section 4013 loans outstanding,’’ and Memorandum item the information contained in the FR Y–9 series of reports. 4 12 U.S.C. 1850a(c)(1)(A). 5 5 U.S.C. 552(b)(4). 6 5 U.S.C. 552(b)(8). 7 5 U.S.C. 552(b)(4). VerDate Sep<11>2014 20:00 May 25, 2021 Jkt 253001 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 disclosure of these items at the holding company level would not be in the public interest.8 Such information is permitted to be collected on a confidential basis, consistent with 5 U.S.C. 552(b)(8).9 Holding companies may be reluctant to offer modifications under section 4013 if information on these modifications 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. Aside from the data items described above, the remaining data items collected 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 10 reports are also generally not accorded confidential treatment. As provided in the Board’s Rules Regarding Availability of Information,11 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 granted or denied. To the extent the instructions to the FR Y–9C, FR Y–9LP, FR Y–9SP, and FR Y–9ES reports direct the financial institution to retain the workpapers and related materials used in preparation of the respective report, such material would only be obtained by the Board as part of the examination or supervision of the financial institution. Accordingly, such information may be considered confidential pursuant to exemption 8 of the FOIA.12 In addition, the workpapers and related materials may also be 8 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.’’ 10 The FR Y–9CS is a supplemental report that may be utilized by the Board to collect additional information that is needed in an expedited manner from holding companies. The information collected on this supplemental report is subject to change as needed. Generally, the FR Y–9CS report is treated as public. However, where appropriate, data items on the FR Y–9CS report may be withheld under exemptions 4 or 8 of the FOIA, 5 U.S.C. 552(b)(4) and (8). 11 12 CFR part 261. 12 5 U.S.C. 552(b)(8). 9 Exemption PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 protected by exemption 4 of the FOIA to the extent such financial information is treated as confidential by the respondent.13 2. Report title: Financial Statements of U.S. Nonbank Subsidiaries of U.S. Holding Companies and Abbreviated Financial Statements of U.S. Nonbank Subsidiaries of U.S. Holding Companies. Agency form number: FR Y–11 and FR Y–11S. OMB control number: 7100–0244. Frequency: Quarterly and annually. Respondents: Domestic bank holding companies, savings and loan holding companies, securities holding companies, and intermediate holding companies. Estimated number of respondents: FR Y–11 (quarterly): 445; FR Y–11 (annually): 189; FR Y–11S: 273. Estimated average hours per response: FR Y–11 (quarterly): 7.6; FR Y–11 (annually): 7.6; FR Y–11S: 1. Estimated annual burden hours: FR Y–11 (quarterly): 13,528 hours; FR Y–11 (annually): 1,436 hours; FR Y–11S: 273 hours. General description of report: The FR Y–11 family of reports collects financial information for individual U.S. nonbank subsidiaries of domestic holding companies, which is essential for monitoring the subsidiaries’ potential impact on the condition of the holding company or its subsidiary banks. Holding companies file the FR Y–11 on a quarterly or annual basis or the FR Y– 11S on an annual basis, predominantly based on whether the organization meets certain asset size thresholds. Legal authorization and confidentiality: The Board has the authority to require bank holding companies and any subsidiary thereof, savings and loan holding companies and any subsidiary thereof, and securities holding companies and any affiliate thereof to file the FR Y–11 pursuant to, respectively, section 5(c) of the BHC Act (12 U.S.C. 1844(c)), section 10(b) of the Home Owners’ Loan Act (12 U.S.C. 1467a(b)), and section 618 of the Dodd-Frank Act (12 U.S.C. 1850a). With respect to foreign banking organizations and their subsidiary intermediate holding companies, section 5(c) of the BHC Act, in conjunction with section 8 of the International Banking Act (12 U.S.C. 3106), authorizes the board to require foreign banking organizations and any subsidiary thereof to file the FR Y–11 reports. These reports are mandatory. Information collected in these reports generally is not considered confidential. 13 5 U.S.C. 552(b)(4). E:\FR\FM\26MYN1.SGM 26MYN1 Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Notices However, because the information is collected as part of the Board’s supervisory process, certain information may be afforded confidential treatment pursuant to exemption 8 of the FOIA (5 U.S.C. 552(b)(8)). Individual respondents may request that certain data be afforded confidential treatment pursuant to exemption 4 of the FOIA if the data has not previously been publicly disclosed and the release of the data is nonpublic commercial or financial information, which is both customarily and actually treated as private by the respondents (5 U.S.C. 552(b)(4)). Additionally, individual respondents may request that personally identifiable information be afforded confidential treatment pursuant to exemption 6 of the FOIA if the release of the information would constitute a clearly unwarranted invasion of personal privacy (5 U.S.C. 552(b)(6)). The applicability of the FOIA exemptions 4 and 6 would be determined on a case-by-case basis. 3. Report title: The Financial Statements of U.S. Nonbank Subsidiaries Held by Foreign Banking Organizations, Abbreviated Financial Statements of U.S. Nonbank Subsidiaries Held by Foreign Banking Organizations, and the Capital and Asset Report of Foreign Banking Organizations. Agency form number: FR Y–7N, FR Y–7NS, and FR Y–7Q. OMB control number: 7100–0125. Frequency: Quarterly and annually. Respondents: Foreign banking organizations. Estimated number of respondents: FR Y–7N (quarterly): 35; FR Y–7N (annually): 19; FR Y–7NS: 22; FR Y–7Q (quarterly): 130; FR Y–7Q (annually): 29. Estimated average hours per response: FR Y–7N (quarterly): 7.6; FR Y–7N (annually): 7.6; FR Y–7NS: 1; FR Y–7Q (quarterly): 2.25; FR Y–7Q (annually): 1.5 Estimated annual burden hours: FR Y–7N (quarterly): 1,064 hours; FR Y–7N (annually): 144 hours; FR Y–7NS: 22 hours; FR Y–7Q (quarterly): 1,170 hours; FR Y–7Q (annually): 44 hours. General description of report: The FR Y–7N and the FR Y–7NS are used to assess a foreign banking organization’s ability to be a continuing source of strength to its U.S. nonbank operations and to determine compliance with U.S. laws and regulations. Foreign banking organizations file the FR Y–7N quarterly or annually, or the FR Y–7NS annually, predominantly based on asset size thresholds. The FR Y–7Q is used to assess consolidated regulatory capital and asset information from all foreign VerDate Sep<11>2014 20:00 May 25, 2021 Jkt 253001 banking organizations. The FR Y–7Q is filed quarterly by foreign banking organizations that have effectively elected to become or be treated as a U.S. financial holding company and by foreign banking organizations that have total consolidated assets of $50 billion or more, regardless of financial holding company status. All other foreign banking organizations file the FR Y–7Q annually. Legal authorization and confidentiality: With respect to foreign banking organizations and their subsidiary intermediate holding companies, section 5(c) of the BHC Act, in conjunction with section 8 of the International Banking Act (12 U.S.C. 3106), authorizes the board to require foreign banking organizations and any subsidiary thereof to file the FR Y–7N reports and the FR Y–7Q. Information collected in these reports generally is not considered confidential. However, because the information is collected as part of the Board’s supervisory process, certain information may be afforded confidential treatment pursuant to exemption 8 of the FOIA (5 U.S.C. 552(b)(8)). Individual respondents may request that certain data be afforded confidential treatment pursuant to exemption 4 of the FOIA if the data is nonpublic commercial or financial information, which is both customarily and actually treated as private by the respondents (5 U.S.C. 552(b)(4)). Additionally, individual respondents may request that personally identifiable information be afforded confidential treatment pursuant to exemption 6 of the FOIA if the release of the information would constitute a clearly unwarranted invasion of personal privacy (5 U.S.C. 552(b)(6)). The applicability of the FOIA exemptions 4 and 6 would be determined on a caseby-case basis. 4. Report title: Financial Statements of Foreign Subsidiaries of U.S. Banking Organizations and the Abbreviated Financial Statements of Foreign Subsidiaries of U.S. Banking Organizations. Agency form number: FR 2314 and FR 2314S. OMB control number: 7100–0073. Frequency: Quarterly and annually. Respondents: U.S. state member banks, bank holding companies, savings and loan holding companies, intermediate holding companies, and Edge or agreement corporations. Estimated number of respondents: FR 2314 (quarterly): 439; FR 2314 (annually): 239; FR 2314S: 300. Estimated average hours per response: FR 2314 (quarterly): 7.2; FR 2314 (annually): 7.2; FR 2314S: 1. PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 28349 Estimated annual burden hours: FR 2314 (quarterly): 12,643 hours; FR 2314 (annually): 1,721 hours; FR 2314S: 300 hours. General description of report: The FR 2314 family of reports is the only source of comprehensive and systematic data on the assets, liabilities, and earnings of the foreign nonbank subsidiaries of U.S. banking organizations, and the data are used to monitor the growth, profitability, and activities of these foreign companies. The data help the Board identify present and potential problems of these companies, monitor their activities in specific countries, and develop a better understanding of activities within the industry and within specific institutions. Parent organizations (state member banks, Edge and agreement corporations, or holding companies) file the FR 2314 on a quarterly or annual basis, or the FR 2314S on an annual basis, predominantly based on whether the organization meets certain asset size thresholds. Legal authorization and confidentiality: The Board has the authority to require bank holding companies and any subsidiary thereof, savings and loan holding companies and any subsidiary thereof, and securities holding companies and any affiliate thereof to file the FR 2314 pursuant to, respectively, section 5(c) of the BHC Act (12 U.S.C. 1844(c)), section 10(b) of the Home Owners’ Loan Act (12 U.S.C. 1467a(b)), and section 618 of the Dodd-Frank Act (12 U.S.C. 1850a). The Board has the authority to require state member banks, agreement corporations, and Edge corporations to file the FR 2314 pursuant to, respectively, sections 9(6), 25(7), and 25A(17) of the Federal Reserve Act (12 U.S.C. 324, 602, and 625). With respect to foreign banking organizations and their subsidiary intermediate holding companies, section 5(c) of the BHC Act, in conjunction with section 8 of the International Banking Act (12 U.S.C. 3106), authorizes the board to require foreign banking organizations and any subsidiary thereof to file the FR 2314 reports. These reports are mandatory. Information collected in these reports generally is not considered confidential. However, because the information is collected as part of the Board’s supervisory process, certain information may be afforded confidential treatment pursuant to exemption 8 of the FOIA (5 U.S.C. 552(b)(8)). Individual respondents may request that certain data be afforded confidential treatment pursuant to exemption 4 of the FOIA if the data is nonpublic commercial or financial information, which is both E:\FR\FM\26MYN1.SGM 26MYN1 28350 Federal Register / Vol. 86, No. 100 / Wednesday, May 26, 2021 / Notices customarily and actually treated as private by the respondents (5 U.S.C. 552(b)(4)). Additionally, individual respondents may request that personally identifiable information be afforded confidential treatment pursuant to exemption 6 of the FOIA if the release of the information would constitute a clearly unwarranted invasion of personal privacy (5 U.S.C. 552(b)(6)). The applicability of the FOIA exemptions 4 and 6 would be determined on a case-by-case basis. Current actions: On December 2, 2020, the Board, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency (collectively, ‘‘the agencies’’) published an interim final rule (IFR) in the Federal Register 14 permitting certain banking organizations to use asset data as of December 31, 2019, in order to determine the applicability of various regulatory asset thresholds during calendar years 2020 and 2021. In connection with the IFR, the Board temporarily revised the instructions for the FR Y–9C, FR Y–9LP, FR 2314/ 2314S, FR Y–7N/7NS and FR Y–11/11S in order to provide similar temporary relief with regard to reporting requirements. The Board also requested public comment for 60 days on an extension for three years of these collections. Under the proposal, the proposed revisions to these information collections would have remained in effect through December 31, 2021, consistent with the length of the regulatory relief provided by the IFR. The Board did not receive any comments relevant to the PRA and has adopted the extension of the FR Y–9C, FR Y–9LP, FR 2314, FR 2314S, FR Y– 7N, FR Y–7NS, FR Y–11 and FR Y–11S for three years, with revision, as originally proposed, with one minor clarification. Specifically, one commenter sought clarification of the total asset amounts reported and used in calculations related to certain qualifying criteria for the community bank leverage ratio (‘‘CBLR’’) framework. Consistent with the clarifications to the Consolidated Reports of Condition and Income (Call Reports, OMB No. 7100– 0036), the Board is clarifying the FR Y– 9C instructions to reflect that a holding company should continue to use its total as reported in FR Y–9C Schedule HC, item 12, as of the current quarterend report date when reporting other qualifying criteria for the CBLR framework (that is, the sum of trading assets and trading liabilities as a percentage of total assets in Schedule HC–R, item 33, column B, and total off14 85 FR 77345 (December 2, 2020). VerDate Sep<11>2014 20:00 May 25, 2021 Jkt 253001 balance sheet exposures as a percentage of total assets in Schedule HC–R, Part I, item 34.d, column B). The Board and the other agencies have received comments on the IFR. In order to implement reporting changes related to the IFR prior to the expiration of the temporarily approved revisions, the Board has adopted this proposal under the PRA pending review of comments on the IFR. If the Board modifies the IFR through the adoption of a final rule regarding temporary asset threshold relief, the Board would adopt appropriate additional revisions to the FR Y–9C, FR Y–9LP, FR 2314, FR 2314S, FR Y–7N, FR Y–7NS, FR Y–11 or FR Y–11S reports through a separate PRA process. Board of Governors of the Federal Reserve System, May 20, 2021. Michele Taylor Fennell, Deputy Associate Secretary of the Board. [FR Doc. 2021–11140 Filed 5–25–21; 8:45 am] BILLING CODE 6210–01–P FEDERAL RESERVE SYSTEM Agency Information Collection Activities: Announcement of Board Approval Under Delegated Authority and Submission to OMB Board of Governors of the Federal Reserve System. SUMMARY: The Board of Governors of the Federal Reserve System (Board) is adopting a proposal to extend for three years, without revision, the Interagency Guidance on Managing Compliance and Reputation Risks for Reverse Mortgage Products (FR 4029; OMB No. 7100– 0330). AGENCY: FOR FURTHER INFORMATION CONTACT: 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. Office of Management and Budget (OMB) Desk Officer—Shagufta Ahmed—Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10235, 725 17th Street NW, Washington, DC 20503, or by fax to (202) 395–6974. 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. Boardapproved collections of information are incorporated into the official OMB PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 inventory of currently approved collections of information. The OMB inventory, as well as copies of the PRA Submission, supporting statements, and approved collection of information instrument(s) are available at https:// www.reginfo.gov/public/do/PRAMain. These documents are also available on the Federal Reserve 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 above. Final Approval Under OMB Delegated Authority of the Extension for Three Years, Without Revision, of the Following Information Collection: Report title: Interagency Guidance on Managing Compliance and Reputation Risks for Reverse Mortgage Products. Agency form number: FR 4029. OMB control number: 7100–0330. Frequency: Annually. Respondents: State member banks that originate proprietary reverse mortgages. Estimated number of respondents: Implementation of policies and procedures, 1; Review and maintenance of policies and procedures, 7. Estimated average hours per response: Implementation of policies and procedures, 40; Review and maintenance of policies and procedures, 8. Estimated annual burden hours: Implementation of policies and procedures, 40; Review and maintenance of policies and procedures, 56. General description of report: The reverse mortgage guidance discusses the reporting, recordkeeping, and disclosures required by federal laws and regulations and also discusses consumer disclosures that financial institutions typically provide as a standard business practice. Legal authorization and confidentiality: The information collection is authorized pursuant to the Board’s examination authority, which is located in section 11 of the Federal Reserve Act for state member banks.1 1 12 U.S.C. 248. Although there is no information indicating that Federal Reserve-supervised financial institutions other than state member banks originate reverse mortgage loans, this collection would be authorized by sections 25 and 25A of the Federal Reserve Act (12 U.S.C. 602, 625) for Edge and Agreement corporations and by section 5 of the Bank Holding Company Act of 1956 (12 U.S.C. 1844) for bank holding companies as well as, in conjunction with section 8 of the International Banking Act of 1978 (12 U.S.C. 3106), for foreign banking organizations. The information collection would be authorized by the examination authority in section 7(c) of the International Banking Act (12 E:\FR\FM\26MYN1.SGM 26MYN1

Agencies

[Federal Register Volume 86, Number 100 (Wednesday, May 26, 2021)]
[Notices]
[Pages 28346-28350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11140]


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FEDERAL RESERVE SYSTEM


Agency Information Collection Activities: Announcement of Board 
Approval Under Delegated Authority and Submission to OMB

AGENCY: Board of Governors of the Federal Reserve System.

SUMMARY: The Board of Governors of the Federal Reserve System (Board) 
is adopting a proposal to extend for three years, with revision, the 
Financial Statements for Holding Companies (FR Y-9 reports; OMB Control 
Number 7100-0128), the Financial Statements of Foreign Subsidiaries of 
U.S. Banking Organizations (FR 2314/2314S, OMB No. 7100-0073), the 
Financial Statements of U.S. Nonbank Subsidiaries held by Foreign 
Banking Organizations (FR Y-7N/7NS/7Q, OMB No. 7100-0125), and the 
Financial Statements of U.S. Nonbank Subsidiaries of U.S. Holding 
Companies (FR Y-11/11S, OMB No. 7100-0244). The Board previously 
approved these

[[Page 28347]]

revisions on a temporary basis, for a period of six months, effective 
December 2, 2020. The Board is now extending approval of these 
information collections for three years, with revisions that will 
remain in effect through December 31, 2021.

FOR FURTHER INFORMATION CONTACT: 
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.
Office of Management and Budget (OMB) Desk Officer--Will Bestani--
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.

SUPPLEMENTARY INFORMATION: On June 15, 1984, OMB delegated to the Board 
authority under the Paperwork Reduction Act (PRA) to approve and assign 
OMB control numbers to collections of information conducted or 
sponsored by the Board. Board-approved collections of information are 
incorporated into the official OMB inventory of currently approved 
collections of information. The OMB inventory, as well as copies of the 
PRA Submission, supporting statements, and approved collection of 
information instrument(s) are available at https://www.reginfo.gov/public/do/PRAMain. These documents are also available on the Federal 
Reserve 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 above.

Final Approval Under OMB Delegated Authority of the Extension for Three 
Years, With Revision, of the Following Information Collections

    (1) Report title: Financial Statements for Holding Companies.
    Agency form numbers: FR Y-9C, FR Y-9LP, FR Y-9SP, FR Y-9ES, and FR 
Y-9CS.
    OMB control number: 7100-0128.
    Frequency: Quarterly, semiannually, and annually.
    Respondents: Bank holding companies, savings and loan holding 
companies, securities holding companies, and U.S. intermediate holding 
companies (collectively, holding companies).\1\
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    \1\ The following depository institution holding companies are 
exempt: (1) A unitary savings and loan holding company with 
primarily commercial assets that meets the requirements of section 
10(c)(9)(c) of the Home Owners' Loan Act, for which thrifts make up 
less than 5 percent of its consolidated assets; and (2) any 
depository institution holding company that is an insurance 
underwriting company, or that, as of June 30 of the previous 
calendar year, held 25 percent or more of its total consolidated 
assets in subsidiaries that are insurance underwriting companies 
(other than assets associated with insurance for credit risk).
---------------------------------------------------------------------------

    Estimated number of respondents:

FR Y-9C (non-advanced approaches holding companies with less than $5 
billion in total assets)--124,
FR Y-9C (non-advanced approaches holding companies with $5 billion or 
more in total assets)--218,
FR Y-9C (advanced approaches holding companies)--9,
FR Y-9LP--416,
FR Y-9SP--3,739,
FR Y-9ES--78,
FR Y-9CS--236.

    Estimated average hours per response:

Reporting
FR Y-9C (non-advanced approaches holding companies with less than $5 
billion in total assets)--35.72,
FR Y-9C (non-advanced approaches holding companies with $5 billion or 
more in total assets)--44.92,
FR Y-9C (advanced approaches holding companies)--50.14,
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-advanced approaches holding companies with less than $5 
billion in total assets)--17,717,
FR Y-9C (non-advanced approaches holding companies with $5 billion or 
more in total assets)--39,170,
FR Y-9C (advanced approaches holding companies)--1,805,
FR Y-9LP--8,769,
FR Y-9SP--40,381,
FR Y-9ES--39,
FR Y-9CS--472.
Recordkeeping
FR Y-9C--1,404,
FR Y-9LP--1,664,
FR Y-9SP--3,739,
FR Y-9ES--39,
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 holding companies 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, FR Y-9LP, and FR Y-9SP serve as standardized financial statements 
for the holding companies. The FR Y-9ES is a financial statement for 
holding companies 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. Holding companies file the FR Y-9C on a quarterly basis, the FR 
Y-9LP quarterly, the FR Y-9SP semiannually, the FR Y-9ES annually, and 
the FR Y-9CS on a schedule that is determined when this supplement is 
used.
    Legal authorization and confidentiality:
    The reporting and recordkeeping requirements associated with the FR 
Y-9 series of reports are authorized for bank holding companies 
pursuant to section 5 of the Bank Holding Company Act (``BHC Act''); 
\2\ for savings and loan holding companies (``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''); for intermediate holding companies (``IHCs'') pursuant to 
section 5 of the BHC Act, as well as pursuant to sections 102(a)(1) and 
165 of the Dodd-Frank Act; \3\ and for securities holding

[[Page 28348]]

companies pursuant to section 618 of the Dodd-Frank Act.\4\ Except for 
the FR Y-9CS report, which is expected to be collected on a voluntary 
basis, the obligation to submit the remaining reports in the FR Y-9 
series of reports and to comply with the recordkeeping requirements set 
forth in the respective instructions to each of the other reports is 
mandatory.
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    \2\ 12 U.S.C. 1844.
    \3\ 12 U.S.C. 5311(a)(1) and 5365; Section 165(b)(2) of Title I 
of the Dodd-Frank Act, 12 U.S.C. 5365(b)(2), refers to ``foreign-
based bank holding company.'' Section 102(a)(1) of the Dodd-Frank 
Act, 12 U.S.C. 5311(a)(1), defines ``bank holding company'' for 
purposes of Title I of the Dodd-Frank Act to include foreign banking 
organizations that are treated as bank holding companies under 
section 8(a) of the International Banking Act, 12 U.S.C. 3106(a). 
The Board has required, pursuant to section 165(b)(1)(B)(iv) of the 
Dodd-Frank Act, 12 U.S.C. 5365(b)(1)(B)(iv), certain foreign banking 
organizations subject to section 165 of the Dodd-Frank Act to form 
U.S. intermediate holding companies. Accordingly, the parent 
foreign-based organization of a U.S. IHC is treated as a BHC for 
purposes of the BHC Act and section 165 of the Dodd-Frank Act. 
Because section 5(c) of the BHC Act authorizes the Board to require 
reports from subsidiaries of BHCs, section 5(c) provides additional 
authority to require U.S. IHCs to report the information contained 
in the FR Y-9 series of reports.
    \4\ 12 U.S.C. 1850a(c)(1)(A).
---------------------------------------------------------------------------

    With respect to the FR Y-9C report, Schedule HI's Memorandum item 
7.g, ``FDIC deposit insurance assessments,'' Schedule HC-P's item 7.a, 
``Representation and warranty reserves for 1-4 family residential 
mortgage loans sold to U.S. government agencies and government 
sponsored agencies,'' and Schedule HC-P's item 7.b, ``Representation 
and warranty reserves for 1-4 family residential mortgage loans sold to 
other parties'' are considered confidential commercial and financial 
information. Such treatment is appropriate under exemption 4 of the 
Freedom of Information Act (``FOIA'') \5\ 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. 
Disclosing these data items also may reveal confidential examination 
and supervisory information, and in such instances, the information 
also would be withheld pursuant to exemption 8 of the FOIA,\6\ which 
protects information related to the supervision or examination of a 
regulated financial institution.
---------------------------------------------------------------------------

    \5\ 5 U.S.C. 552(b)(4).
    \6\ 5 U.S.C. 552(b)(8).
---------------------------------------------------------------------------

    In addition, 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 \7\ if 
the identity of the engagement partner is treated as private 
information by the holding company. The Board has assured respondents 
that this information will be treated as confidential since the 
collection of this data item was proposed in 2004.
---------------------------------------------------------------------------

    \7\ 5 U.S.C. 552(b)(4).
---------------------------------------------------------------------------

    Additionally, items on the FR Y-9C, Schedule HC-C regarding loans 
modified under section 4013 of the CARES Act (Memorandum item 16.a, 
``Number of Section 4013 loans outstanding,'' and Memorandum item 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 disclosure of these items at the 
holding company level would not be in the public interest.\8\ Such 
information is permitted to be collected on a confidential basis, 
consistent with 5 U.S.C. 552(b)(8).\9\ Holding companies may be 
reluctant to offer modifications under section 4013 if information on 
these modifications 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.
---------------------------------------------------------------------------

    \8\ See 12 U.S.C. 1464(v)(2).
    \9\ 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.''
---------------------------------------------------------------------------

    Aside from the data items described above, the remaining data items 
collected 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 \10\ reports are also generally not 
accorded confidential treatment. As provided in the Board's Rules 
Regarding Availability of Information,\11\ 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 granted or denied.
---------------------------------------------------------------------------

    \10\ The FR Y-9CS is a supplemental report that may be utilized 
by the Board to collect additional information that is needed in an 
expedited manner from holding companies. The information collected 
on this supplemental report is subject to change as needed. 
Generally, the FR Y-9CS report is treated as public. However, where 
appropriate, data items on the FR Y-9CS report may be withheld under 
exemptions 4 or 8 of the FOIA, 5 U.S.C. 552(b)(4) and (8).
    \11\ 12 CFR part 261.
---------------------------------------------------------------------------

    To the extent the instructions to the FR Y-9C, FR Y-9LP, FR Y-9SP, 
and FR Y-9ES reports direct the financial institution to retain the 
workpapers and related materials used in preparation of the respective 
report, such material would only be obtained by the Board as part of 
the examination or supervision of the financial institution. 
Accordingly, such information may be considered confidential pursuant 
to exemption 8 of the FOIA.\12\ 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.\13\
---------------------------------------------------------------------------

    \12\ 5 U.S.C. 552(b)(8).
    \13\ 5 U.S.C. 552(b)(4).
---------------------------------------------------------------------------

    2. Report title: Financial Statements of U.S. Nonbank Subsidiaries 
of U.S. Holding Companies and Abbreviated Financial Statements of U.S. 
Nonbank Subsidiaries of U.S. Holding Companies.
    Agency form number: FR Y-11 and FR Y-11S.
    OMB control number: 7100-0244.
    Frequency: Quarterly and annually.
    Respondents: Domestic bank holding companies, savings and loan 
holding companies, securities holding companies, and intermediate 
holding companies.
    Estimated number of respondents: FR Y-11 (quarterly): 445; FR Y-11 
(annually): 189; FR Y-11S: 273.
    Estimated average hours per response: FR Y-11 (quarterly): 7.6; FR 
Y-11 (annually): 7.6; FR Y-11S: 1.
    Estimated annual burden hours: FR Y-11 (quarterly): 13,528 hours; 
FR Y-11 (annually): 1,436 hours; FR Y-11S: 273 hours.
    General description of report: The FR Y-11 family of reports 
collects financial information for individual U.S. nonbank subsidiaries 
of domestic holding companies, which is essential for monitoring the 
subsidiaries' potential impact on the condition of the holding company 
or its subsidiary banks. Holding companies file the FR Y-11 on a 
quarterly or annual basis or the FR Y-11S on an annual basis, 
predominantly based on whether the organization meets certain asset 
size thresholds.
    Legal authorization and confidentiality: The Board has the 
authority to require bank holding companies and any subsidiary thereof, 
savings and loan holding companies and any subsidiary thereof, and 
securities holding companies and any affiliate thereof to file the FR 
Y-11 pursuant to, respectively, section 5(c) of the BHC Act (12 U.S.C. 
1844(c)), section 10(b) of the Home Owners' Loan Act (12 U.S.C. 
1467a(b)), and section 618 of the Dodd-Frank Act (12 U.S.C. 1850a). 
With respect to foreign banking organizations and their subsidiary 
intermediate holding companies, section 5(c) of the BHC Act, in 
conjunction with section 8 of the International Banking Act (12 U.S.C. 
3106), authorizes the board to require foreign banking organizations 
and any subsidiary thereof to file the FR Y-11 reports. These reports 
are mandatory.
    Information collected in these reports generally is not considered 
confidential.

[[Page 28349]]

However, because the information is collected as part of the Board's 
supervisory process, certain information may be afforded confidential 
treatment pursuant to exemption 8 of the FOIA (5 U.S.C. 552(b)(8)). 
Individual respondents may request that certain data be afforded 
confidential treatment pursuant to exemption 4 of the FOIA if the data 
has not previously been publicly disclosed and the release of the data 
is nonpublic commercial or financial information, which is both 
customarily and actually treated as private by the respondents (5 
U.S.C. 552(b)(4)). Additionally, individual respondents may request 
that personally identifiable information be afforded confidential 
treatment pursuant to exemption 6 of the FOIA if the release of the 
information would constitute a clearly unwarranted invasion of personal 
privacy (5 U.S.C. 552(b)(6)). The applicability of the FOIA exemptions 
4 and 6 would be determined on a case-by-case basis.
    3. Report title: The Financial Statements of U.S. Nonbank 
Subsidiaries Held by Foreign Banking Organizations, Abbreviated 
Financial Statements of U.S. Nonbank Subsidiaries Held by Foreign 
Banking Organizations, and the Capital and Asset Report of Foreign 
Banking Organizations.
    Agency form number: FR Y-7N, FR Y-7NS, and FR Y-7Q.
    OMB control number: 7100-0125.
    Frequency: Quarterly and annually.
    Respondents: Foreign banking organizations.
    Estimated number of respondents: FR Y-7N (quarterly): 35; FR Y-7N 
(annually): 19; FR Y-7NS: 22; FR Y-7Q (quarterly): 130; FR Y-7Q 
(annually): 29.
    Estimated average hours per response: FR Y-7N (quarterly): 7.6; FR 
Y-7N (annually): 7.6; FR Y-7NS: 1; FR Y-7Q (quarterly): 2.25; FR Y-7Q 
(annually): 1.5
    Estimated annual burden hours: FR Y-7N (quarterly): 1,064 hours; FR 
Y-7N (annually): 144 hours; FR Y-7NS: 22 hours; FR Y-7Q (quarterly): 
1,170 hours; FR Y-7Q (annually): 44 hours.
    General description of report: The FR Y-7N and the FR Y-7NS are 
used to assess a foreign banking organization's ability to be a 
continuing source of strength to its U.S. nonbank operations and to 
determine compliance with U.S. laws and regulations. Foreign banking 
organizations file the FR Y-7N quarterly or annually, or the FR Y-7NS 
annually, predominantly based on asset size thresholds. The FR Y-7Q is 
used to assess consolidated regulatory capital and asset information 
from all foreign banking organizations. The FR Y-7Q is filed quarterly 
by foreign banking organizations that have effectively elected to 
become or be treated as a U.S. financial holding company and by foreign 
banking organizations that have total consolidated assets of $50 
billion or more, regardless of financial holding company status. All 
other foreign banking organizations file the FR Y-7Q annually.
    Legal authorization and confidentiality: With respect to foreign 
banking organizations and their subsidiary intermediate holding 
companies, section 5(c) of the BHC Act, in conjunction with section 8 
of the International Banking Act (12 U.S.C. 3106), authorizes the board 
to require foreign banking organizations and any subsidiary thereof to 
file the FR Y-7N reports and the FR Y-7Q. Information collected in 
these reports generally is not considered confidential. However, 
because the information is collected as part of the Board's supervisory 
process, certain information may be afforded confidential treatment 
pursuant to exemption 8 of the FOIA (5 U.S.C. 552(b)(8)). Individual 
respondents may request that certain data be afforded confidential 
treatment pursuant to exemption 4 of the FOIA if the data is nonpublic 
commercial or financial information, which is both customarily and 
actually treated as private by the respondents (5 U.S.C. 552(b)(4)). 
Additionally, individual respondents may request that personally 
identifiable information be afforded confidential treatment pursuant to 
exemption 6 of the FOIA if the release of the information would 
constitute a clearly unwarranted invasion of personal privacy (5 U.S.C. 
552(b)(6)). The applicability of the FOIA exemptions 4 and 6 would be 
determined on a case-by-case basis.
    4. Report title: Financial Statements of Foreign Subsidiaries of 
U.S. Banking Organizations and the Abbreviated Financial Statements of 
Foreign Subsidiaries of U.S. Banking Organizations.
    Agency form number: FR 2314 and FR 2314S.
    OMB control number: 7100-0073.
    Frequency: Quarterly and annually.
    Respondents: U.S. state member banks, bank holding companies, 
savings and loan holding companies, intermediate holding companies, and 
Edge or agreement corporations.
    Estimated number of respondents: FR 2314 (quarterly): 439; FR 2314 
(annually): 239; FR 2314S: 300.
    Estimated average hours per response: FR 2314 (quarterly): 7.2; FR 
2314 (annually): 7.2; FR 2314S: 1.
    Estimated annual burden hours: FR 2314 (quarterly): 12,643 hours; 
FR 2314 (annually): 1,721 hours; FR 2314S: 300 hours.
    General description of report: The FR 2314 family of reports is the 
only source of comprehensive and systematic data on the assets, 
liabilities, and earnings of the foreign nonbank subsidiaries of U.S. 
banking organizations, and the data are used to monitor the growth, 
profitability, and activities of these foreign companies. The data help 
the Board identify present and potential problems of these companies, 
monitor their activities in specific countries, and develop a better 
understanding of activities within the industry and within specific 
institutions. Parent organizations (state member banks, Edge and 
agreement corporations, or holding companies) file the FR 2314 on a 
quarterly or annual basis, or the FR 2314S on an annual basis, 
predominantly based on whether the organization meets certain asset 
size thresholds.
    Legal authorization and confidentiality: The Board has the 
authority to require bank holding companies and any subsidiary thereof, 
savings and loan holding companies and any subsidiary thereof, and 
securities holding companies and any affiliate thereof to file the FR 
2314 pursuant to, respectively, section 5(c) of the BHC Act (12 U.S.C. 
1844(c)), section 10(b) of the Home Owners' Loan Act (12 U.S.C. 
1467a(b)), and section 618 of the Dodd-Frank Act (12 U.S.C. 1850a). The 
Board has the authority to require state member banks, agreement 
corporations, and Edge corporations to file the FR 2314 pursuant to, 
respectively, sections 9(6), 25(7), and 25A(17) of the Federal Reserve 
Act (12 U.S.C. 324, 602, and 625). With respect to foreign banking 
organizations and their subsidiary intermediate holding companies, 
section 5(c) of the BHC Act, in conjunction with section 8 of the 
International Banking Act (12 U.S.C. 3106), authorizes the board to 
require foreign banking organizations and any subsidiary thereof to 
file the FR 2314 reports. These reports are mandatory.
    Information collected in these reports generally is not considered 
confidential. However, because the information is collected as part of 
the Board's supervisory process, certain information may be afforded 
confidential treatment pursuant to exemption 8 of the FOIA (5 U.S.C. 
552(b)(8)). Individual respondents may request that certain data be 
afforded confidential treatment pursuant to exemption 4 of the FOIA if 
the data is nonpublic commercial or financial information, which is 
both

[[Page 28350]]

customarily and actually treated as private by the respondents (5 
U.S.C. 552(b)(4)). Additionally, individual respondents may request 
that personally identifiable information be afforded confidential 
treatment pursuant to exemption 6 of the FOIA if the release of the 
information would constitute a clearly unwarranted invasion of personal 
privacy (5 U.S.C. 552(b)(6)). The applicability of the FOIA exemptions 
4 and 6 would be determined on a case-by-case basis.
    Current actions: On December 2, 2020, the Board, the Federal 
Deposit Insurance Corporation, and the Office of the Comptroller of the 
Currency (collectively, ``the agencies'') published an interim final 
rule (IFR) in the Federal Register \14\ permitting certain banking 
organizations to use asset data as of December 31, 2019, in order to 
determine the applicability of various regulatory asset thresholds 
during calendar years 2020 and 2021. In connection with the IFR, the 
Board temporarily revised the instructions for the FR Y-9C, FR Y-9LP, 
FR 2314/2314S, FR Y-7N/7NS and FR Y-11/11S in order to provide similar 
temporary relief with regard to reporting requirements. The Board also 
requested public comment for 60 days on an extension for three years of 
these collections. Under the proposal, the proposed revisions to these 
information collections would have remained in effect through December 
31, 2021, consistent with the length of the regulatory relief provided 
by the IFR.
---------------------------------------------------------------------------

    \14\ 85 FR 77345 (December 2, 2020).
---------------------------------------------------------------------------

    The Board did not receive any comments relevant to the PRA and has 
adopted the extension of the FR Y-9C, FR Y-9LP, FR 2314, FR 2314S, FR 
Y-7N, FR Y-7NS, FR Y-11 and FR Y-11S for three years, with revision, as 
originally proposed, with one minor clarification. Specifically, one 
commenter sought clarification of the total asset amounts reported and 
used in calculations related to certain qualifying criteria for the 
community bank leverage ratio (``CBLR'') framework. Consistent with the 
clarifications to the Consolidated Reports of Condition and Income 
(Call Reports, OMB No. 7100-0036), the Board is clarifying the FR Y-9C 
instructions to reflect that a holding company should continue to use 
its total as reported in FR Y-9C Schedule HC, item 12, as of the 
current quarter-end report date when reporting other qualifying 
criteria for the CBLR framework (that is, the sum of trading assets and 
trading liabilities as a percentage of total assets in Schedule HC-R, 
item 33, column B, and total off-balance sheet exposures as a 
percentage of total assets in Schedule HC-R, Part I, item 34.d, column 
B).
    The Board and the other agencies have received comments on the IFR. 
In order to implement reporting changes related to the IFR prior to the 
expiration of the temporarily approved revisions, the Board has adopted 
this proposal under the PRA pending review of comments on the IFR. If 
the Board modifies the IFR through the adoption of a final rule 
regarding temporary asset threshold relief, the Board would adopt 
appropriate additional revisions to the FR Y-9C, FR Y-9LP, FR 2314, FR 
2314S, FR Y-7N, FR Y-7NS, FR Y-11 or FR Y-11S reports through a 
separate PRA process.

    Board of Governors of the Federal Reserve System, May 20, 2021.
Michele Taylor Fennell,
Deputy Associate Secretary of the Board.
[FR Doc. 2021-11140 Filed 5-25-21; 8:45 am]
BILLING CODE 6210-01-P