Agency Information Collection Activities: Proposed Collection Renewal; Comment Request; OMB No. 3064-0109; -00124; -0162; -0179; -0196, 52463-52467 [2021-20306]

Download as PDF 52463 Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Notices SUPPLEMENTARY INFORMATION: FEDERAL DEPOSIT INSURANCE CORPORATION FDIC Advisory Committee on Economic Inclusion (ComE–IN); Notice of Meeting Federal Deposit Insurance Corporation (FDIC). ACTION: Notice of open meeting. AGENCY: In accordance with the Federal Advisory Committee Act, notice is hereby given of a meeting of the FDIC Advisory Committee on Economic Inclusion. The Advisory Committee will provide advice and recommendations on initiatives to expand access to banking services by underserved populations. The meeting is open to the public. Out of an abundance of caution related to current and potential coronavirus developments, the public’s means to observe this Advisory Committee on Economic Inclusion meeting will be via a Webcast live on the internet. In addition, the meeting will be recorded and subsequently made available on-demand approximately two weeks after the event. The web addresses for viewing the live event and the recording are provided below in the ADDRESSES paragraph. DATES: Thursday, October 7, 2021, from 1:00 p.m. to 5:00 p.m. ADDRESSES: To view the live event, visit https://fdic.windrosemedia.com. To view the recording, visit https:// fdic.windrosemedia.com/index.php? category=Advisory+Committee+on+ Economic+Inclusion+-+(Come-IN). If you require a reasonable accommodation to participate, please contact DisabilityProgram@fdic.gov or call 703–562–2096 to make necessary arrangements. FOR FURTHER INFORMATION CONTACT: Requests for further information concerning the meeting may be directed to Ms. Debra Decker, Committee Management Officer of the FDIC, at (202) 898–8748. SUMMARY: Agenda: The agenda will include updates from the committee members about key challenges facing their communities or organizations. In addition, there will be panel discussions covering housing market trends, tax time opportunities to expand account access as well as highlights from the FDIC Tech Sprint, Breaking Down Barriers: Reaching the ‘Last Mile’ of the Unbanked. Any changes to the agenda will be announced at the beginning of the meeting. Type of Meeting: This meeting of the Advisory Committee on Economic Inclusion will be Webcast live via the internet https://fdic.windrosemedia.com. For optimal viewing, a high-speed internet connection is recommended. Federal Deposit Insurance Corporation. Dated at Washington, DC, on September 16, 2021. James Sheesley, Assistant Executive Secretary. [FR Doc. 2021–20359 Filed 9–20–21; 8:45 am] BILLING CODE 6714–01–P FEDERAL DEPOSIT INSURANCE CORPORATION Agency Information Collection Activities: Proposed Collection Renewal; Comment Request; OMB No. 3064–0109; –00124; –0162; –0179; –0196 Federal Deposit Insurance Corporation (FDIC). ACTION: Agency Information Collection Activities: Submission for OMB Review; Comment Request. AGENCY: The FDIC, as part of its obligations under the Paperwork Reduction Act of 1995, invites the general public and other Federal agencies to take this opportunity to comment on the request to renew the existing information collections described below (OMB Control No. SUMMARY: 3064–0109; –0124; –0137; –0162; and –0196). Comments must be submitted on or before October 21, 2021. DATES: Interested parties are invited to submit written comments to the FDIC by any of the following methods: • https://www.FDIC.gov/regulations/ laws/federal. • Email: comments@fdic.gov. Include the name and number of the collection in the subject line of the message. • Mail: Manny Cabeza (202–898– 3767), Regulatory Counsel, 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 17th Street building (located on F Street), on business days between 7:00 a.m. and 5:00 p.m. Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Manny Cabeza, Regulatory Counsel, 202–898–3767, mcabeza@fdic.gov, MB– 3128, Federal Deposit Insurance Corporation, 550 17th Street NW, Washington, DC 20429. Proposal to renew the following currently approved collections of information: 1. Title: Notice of Branch Closure. OMB Number: 3064–0109. Form Number: None. Affected Public: FDIC-insured depository institutions. Burden Estimate: SUPPLEMENTARY INFORMATION: lotter on DSK11XQN23PROD with NOTICES1 SUMMARY OF ANNUAL BURDEN Estimated number of respondents Information collection description Type of burden Obligation to respond Notice of Branch Closure ................ Adoption of Branch Closure Policy Reporting ............ Recordkeeping ... Mandatory .......... Mandatory .......... Total Estimated Annual Burden: 1,738 hours. General Description of Collection: Section 42 of the Federal Deposit Insurance Act mandates that an insured VerDate Sep<11>2014 21:03 Sep 20, 2021 Jkt 253001 178 22 depository institution closing a branch notify its primary federal regulator not later than 90 days prior to the closing. The statute also provides that a notice be posted on the premises of the branch PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 Estimated average frequency of response 4.388 ................... On Occasion ....... Estimated time per response (hours) Estimated annual burden (hours) 2 8 1,562 176 for the 30-day period immediately prior to the closing and that the customers be notified in a mailing at least 90 days prior to the closing. Each insured depository institution that has one or E:\FR\FM\21SEN1.SGM 21SEN1 52464 Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Notices more branches is required to adopt a written policy for branch closings. There is no change in the methodology or substance of this information collection. The slight increase in total estimated annual burden from 1,550 hours in 2018 to 1,738 hours currently OMB Number: 3064–0124. Form Number: None. Affected Public: Insured depository institutions. Burden Estimate: is due to economic factors reflected in the increase in estimated number or respondents and in the frequency of response (number of branch closings per respondent). 2. Title: Notification of Changes of Insured Status. SUMMARY OF ANNUAL BURDEN Type of burden Obligation to respond Notification of Change in Insured Status. Certification .................................. Total Estimated Annual Burden: Disclosure ........ Mandatory ........ Reporting .......... .......................... Mandatory ........ .......................... General Description of Collection: This information collection consists of two parts: (1) A certification that insured depository institutions provide the FDIC when all deposit liabilities from one insured depository institution are assumed from another insured depository institution, with the latter institution responsible for providing the certification, and (2) a notification that an insured depository institution provides to its depositors when it seeks to voluntarily terminate its insured status. The certification is necessary to implement the provisions of section 8(q) of the Federal Deposit Insurance Act, 12 U.S.C. 1818(q), regarding termination of the insured status of the transferring institution and termination of the separate deposit insurance coverage provided on deposit accounts assumed by the assuming institution. The depositor notification is required by Estimated average frequency of response Estimated time per response (hours) 8 On Occasion ..... 2 ........................ 16 240 ...................... On Occasion ..... ........................... 1 ........................ ........................... 240 256 hours. Estimated number of respondents Information collection description Estimated annual burden (hours) to economic factors. The estimated number of annual respondents to the Notification component has increased from 2 to 8. The estimated number of annual respondents to the Certification component has increased from 150 to 240. As a result of the foregoing total estimated annual burden has increased from 39.5 hours in 2018 to 256 hours currently. section 8(a) (6) of the Federal Deposit Insurance Act, 12 U.S.C. 1818(a) (6). This provision ensures that the institution’s depositors receive appropriate information regarding the institution’s intent to terminate its insured status and that, prior to the termination of the institution’s insured status, depositors receive appropriate information concerning federal deposit insurance coverage of their accounts once the institution’s insured status is terminated. There is no change in the methodology or substance of this information collection. Based on supervisory experience, the FDIC has revised its estimate of the Time per Response for the Certification component from 0.25 hours to 1 hour and has revised the estimated time to respond to the Notification component from 1 hour to 2 hours. The estimated number of respondents has changed due 3. Title: Large-Bank Deposit Insurance Programs. OMB Number: 3064–0162. Form Number: None. Affected Public: Insured depository institutions having at least $2 billion in deposits and at least either: (a) 250,000 Deposit accounts; or (b) $20 billion in total assets, regardless of the number of deposit accounts (a ‘‘covered institution’’). Burden Estimate: SUMMARY OF ANNUAL BURDEN Estimated number of respondents Obligation to respond Type of burden Estimated frequency of responses Estimated time per response Frequency of response Total annual estimated burden lotter on DSK11XQN23PROD with NOTICES1 Implementation Posting and removing provisional holds—360.9(c)(1) and (2). Providing standard data format for deposit account and customer information—360.9(d)(1). Notification of identity of person responsible for producing standard data downloads—360.9(c)(3). Request for exemption from provisional hold requirements— 360.9(c)(9). Provide deposit account and customer information in required standard format—360.9(d)(3). Request for extension of compliance deadline—360.9(e)(7). Request for exemption—360.9(f) .... Total Implementation Burden ... VerDate Sep<11>2014 21:36 Sep 20, 2021 Recordkeeping ... Mandatory .......... 7 1 150 One time ............ 1,050 Recordkeeping ... Mandatory .......... 7 1 110 One time ............ 770 Reporting ........... Mandatory .......... 7 1 8 One time ............ 56 Reporting ........... Voluntary ............ 1 1 20 On occasion ....... 20 Reporting ........... Mandatory .......... 7 1 40 On occasion ....... 280 Reporting ........... Voluntary ............ 1 1 20 On occasion ....... 20 Reporting ........... Voluntary ............ 1 1 20 On occasion ....... 20 ............................ ............................ ........................ ........................ ........................ ............................ 2,216 Jkt 253001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\21SEN1.SGM 21SEN1 Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Notices 52465 SUMMARY OF ANNUAL BURDEN—Continued Obligation to respond Type of burden Estimated number of respondents Estimated frequency of responses Estimated time per response Frequency of response Total annual estimated burden Ongoing Notification of identity of person responsible for producing standard data downloads—360.9(c)(3). Request for exemption from provisional hold requirements— 360.9(c)(9). Request for exemption—360.9(f) .... Test compliance with 360.9 (c)–(d) pursuant to 360.9(h). Total Ongoing Burden .............. lotter on DSK11XQN23PROD with NOTICES1 Total Estimated Burden. Annual Reporting ........... Mandatory .......... 126 1 8 One time ............ 1,008 Reporting ........... Voluntary ............ 1 1 20 On occasion ....... 20 Reporting ........... Reporting ........... Voluntary ............ Mandatory .......... 1 40 1 1 20 80 On occasion ....... On occasion ....... 20 3,200 ............................ ............................ ........................ ........................ ........................ ............................ 4,248 ............................ ............................ ........................ ........................ ........................ ............................ 6,464 General Description of Collection: Upon the failure of an FDIC-insured depository institution, the FDIC is required to pay insured deposits as soon as possible. To do so, the FDIC must be able to quickly determine the total insured amount for each depositor. To make this determination, the FDIC must ascertain the balances of all deposit accounts owned by the same depositor in the same ownership capacity at a failed institution as of the day of failure. The FDIC issued a regulation (12 CFR 360.9) (Section 360.9) to modernize the process of determining the insurance status of each depositor in the event of failure of a covered institution. The FDIC requires institutions that are covered under Section 360.9 to have mechanisms in place that will automatically place a provisional hold on domestic and foreign deposit accounts, and sweep and automated credit account arrangements, in the event that a covered institution is close to failing. A ‘‘provisional hold’’ is defined in 12 CFR Section 360.9(b)(6) as ‘‘an effective restriction on access to some or all of a deposit or other liability account after the failure of an insured depository institution.’’ Section 360.9 also requires institutions to have in place practices and procedures for providing the FDIC, in a standard format upon the close of any day’s business, certain data on the accounts and customers of the institution, and to provide the FDIC with this information upon request. The purpose of these requirements is to allow the deposit and other operations of a covered institution to continue functioning on the day following failure, and to permit the FDIC to fulfill its legal requirement to promptly provide liquidity to depositors of a failed institution. This information also helps to ensure equitable treatment of depositors at different institutions, VerDate Sep<11>2014 21:03 Sep 20, 2021 Jkt 253001 and helps to preserve the franchise value of a failed institution, thereby reducing costs to the FDIC in the event that a covered institution fails. FDIC-insured depository institutions (IDIs) that are covered by Section 360.9 are defined in Section 360.9(b)(1) as having at least $2 billion in deposits and either (1) 250,000 or more deposit accounts, or (2) $20 billion or more in assets, regardless of the number of deposit accounts. IDIs that meet this criteria for two consecutive quarters qualify as covered institutions. This information collection consists of seven distinct reporting and recordkeeping requirements (ICs) that impose annual implementation burden on covered institutions. Four of these seven reporting requirements entail an ongoing burden component: (1) Section 360.9(c)(3) (IC requirements C and H, below) requires covered institutions to provide certain information to the FDIC both while the institution is implementing the systems required under 360.9 (IC requirement C) and on an ongoing basis (IC requirement H); (2) Section 360.9(c)(9) (IC requirements D and I, below) permits institutions to request an exemption from certain requirements of Section 360.9. Institutions could submit such requests either while they are implementing the systems required under Section 360.9 (IC requirement D) or after they are already in compliance with Section 360.9 (IC requirement I); (3) Section 360.9(f) (IC requirements G and J, below) permits institutions to request an exemption from all of the requirements of Section 360.9 under certain conditions. Institutions could submit such requests either while they are implementing the systems required under Section 360.9 (IC requirement G) or after they are already in compliance with Section 360.9 (IC requirement J). Since reporting by institutions pursuant PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 to Sections 360.9(c)(3), 360.9(c)(9), and 360.9(f) are counted as both implementation and ongoing requirements, this IC contains eleven 1 requirements in total. These requirements, with corresponding CFR sections, are listed and described as follows: A. 360.9(c)(1) and (2) (Implementation)—Require covered institutions to set up systems for automatically placing provisional holds on domestic and foreign deposit accounts and sweep and automated credit account arrangements B. 360.9(d)(1) and (2) (Implementation)—Require covered institutions to establish practices and procedures for providing the FDIC, in a standard format upon the close of any day’s business, customer and depositor data for all deposit accounts held in domestic and foreign offices and interest bearing investment accounts connected with sweep and automated credit arrangements C. 360.9(c)(3) (Implementation)— Requires covered institutions to notify the FDIC of the person(s) responsible for producing the standard data download and administering provisional holds, both while the functionality is being constructed and on an ongoing basis (IC requirement H) D. 360.9(c)(9) (Implementation)— Permits covered institutions to submit to the FDIC a request for an exemption from the provisional hold requirements for those account systems servicing a relatively small number of accounts where the application of manual provisional holds is feasible, both while the 1 8 distinct requirements, plus 3 requirements that are counted as both implementation and ongoing requirements, brings the total number of requirements for this IC to 11. E:\FR\FM\21SEN1.SGM 21SEN1 52466 Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Notices systems are being constructed and on an ongoing basis (IC requirement I) E. 360.9(d)(3) (Implementation)— Requires covered institutions to submit the data required by 360.9(d)(1) to the FDIC upon request both while the systems are being constructed and on an ongoing basis (IC requirement K) F. 360.9(e)(7) (Implementation)— Permits covered institutions to submit to the FDIC a request for an extension of the deadline for complying with the requirements of Section 360.9 G. 360.9(f) (Implementation)—Permits covered institutions to apply for an exemption from the requirements of Section 360.9, if the institution has a high concentration of deposits incidental to credit card operations, both during the implementation period in the first year and on an ongoing basis (IC requirement J) H. 360.9(c)(3) (Ongoing)—Requires covered institutions to provide the information described in IC requirement C above to the FDIC on an ongoing basis I. 360.9(c)(9) (Ongoing)—Permits covered institutions to request an exemption from the provisional hold requirements, as described in IC requirement D above, both while the systems are being constructed and on an ongoing basis J. 360.9(f) (Ongoing)—Permits covered institutions to apply for an exemption from the requirements of Section 360.9, as described in IC requirement G above, at any time after the institution is in compliance with the requirements of Section 360.9 if the institution has a high concentration of deposits incidental to credit card operations. The ongoing burden component under 12 CFR Section 360.9(f) was inadvertently omitted from the 2018 submission and is now included in this renewal. K. 360.9(h) (Ongoing)—Requires covered institutions to provide appropriate assistance to the FDIC in its testing of the systems required under Section 360.9 There is no change in the methodology or substance of this information collection. The decrease in total estimated annual burden from 10,268 hours in 2018 to 6,064 hours currently, is due to economic factors reflected in a decrease in the number of estimated annual respondents. The inclusion of ongoing burden for requests for exemption pursuant to 12 CFR 360.9(f) accounts for an increase of 20 hours in total estimated annual burden for one respondent. 4. Title: Assessment Rate Adjustment Guidelines for Large and Highly Complex Institutions. OMB Number: 3064–0179. Form Number: None. Affected Public: Large and highly complex depository institutions. Burden Estimate: SUMMARY OF ANNUAL BURDEN Estimated number of respondents Information collection description Type of burden Obligation to respond Assessment Rate Adjustment Guidelines for Large and Highly Complex Institutions. Reporting ........... Mandatory .......... Total Estimated Annual Burden: 160 hours. General Description of Collection: The FDIC’s deposit insurance assessment authority is set forth in Section 7 of the Federal Deposit Insurance Act, 12 U.S.C. 1817(b) and (c) and promulgated in regulations under 12 CFR part 327. These regulations also set out the process for making adjustments to the total score of these institutions used by the FDIC in making deposit insurance assessments. Depository institutions are permitted to make a written request to the FDIC for an assessment adjustment. An institution is able to request review of, or appeal, an upward adjustment, the magnitude of an upward adjustment, removal of a previously implemented 2 Estimated frequency of responses On Occasion ........ downward adjustment or an increase in a previously implemented upward adjustment through the FDIC’s internal review process set forth at 12 CFR 327.4(c). An institution can similarly request review of or appeal a decision not to apply an adjustment following a request by the institution for an adjustment. An institution can submit its written request for an adjustment to the FDIC’s Director of the Division of Insurance and Research in Washington, DC In making such a request, the institution will provide support by including evidence of a material risk or riskmitigating factor that it believes was not adequately considered. Estimated time per response (hours) Estimated annual burden (hours) 80 160 There is no change in the methodology or substance of this information collection. The increase in total estimated annual burden from 80 hours in 2018 to 160 hours currently is due to economic factors as reflected in the increase in estimated number of respondents. 5. Title: Regulatory Capital Rules: Regulatory Capital, Revisions to the Supplementary Leverage Ratio. OMB Number: 3064–0196. Form Number: None. Affected Public: Insured state nonmember banks and state savings associations that are subject to the FDIC’s advanced approaches risk-based capital rules. Burden Estimate: lotter on DSK11XQN23PROD with NOTICES1 SUMMARY OF ANNUAL BURDEN Estimated number of respondents Information collection description Type of burden Obligation to respond Disclosure Requirements Associated with Supplementary Leverage Ratio (12 CFR 324.172 and 173). Disclosure .......... Mandatory .......... VerDate Sep<11>2014 21:03 Sep 20, 2021 Jkt 253001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 5 Estimated frequency of responses Quarterly .............. E:\FR\FM\21SEN1.SGM 21SEN1 Estimated time per response (hours) Estimated annual burden (hours) 5 100 Federal Register / Vol. 86, No. 180 / Tuesday, September 21, 2021 / Notices Total Estimated Annual Burden: 100 hours. General Description of Collection: The supplementary leverage ratio regulations strengthen the definition of total leverage exposure and improve the measure of a banking organization’s on and off-balance sheet exposures. All banking organizations that are subject to the advanced approaches risk-based capital rules are required to disclose their supplementary leverage ratios. Advanced approaches banking organizations must report their supplementary leverage ratios on the applicable regulatory reports. The calculation and disclosure requirements for the supplementary leverage ratio in the federal banking agencies’ regulatory capital rules are generally consistent with international standards published by the Basel Committee on Banking Supervision. These disclosures enhance the transparency and consistency of reporting requirements for the supplementary leverage ratio by all internationally active organizations. There is no change in the methodology or substance of this information collection. The increase in total estimated annual burden from 40 hours in 2018 to 100 hours currently is due to economic factors as reflected in the increase in estimated number of respondents. Request for Comment lotter on DSK11XQN23PROD with NOTICES1 Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the FDIC’s functions, including whether the information has practical utility; (b) the accuracy of the estimates of the burden of the 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; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. All comments will become a matter of public record. Dated at Washington, DC, this 15th day of September 2021. Federal Deposit Insurance Corporation. James P. Sheesley, Assistant Executive Secretary. [FR Doc. 2021–20306 Filed 9–20–21; 8:45 am] BILLING CODE 6714–01–P VerDate Sep<11>2014 21:03 Sep 20, 2021 Jkt 253001 FEDERAL DEPOSIT INSURANCE CORPORATION FDIC Advisory Committee of State Regulators; Notice of Meeting Federal Deposit Insurance Corporation (FDIC). ACTION: Notice of open meeting. AGENCY: 52467 optimal viewing, a high-speed internet connection is recommended. Federal Deposit Insurance Corporation. Dated at Washington, DC, on September 16, 2021. James Sheesley, Assistant Executive Secretary. [FR Doc. 2021–20358 Filed 9–20–21; 8:45 am] BILLING CODE 6714–01–P In accordance with the Federal Advisory Committee Act, notice is hereby given of a meeting of the FDIC Advisory Committee of State Regulators. The Advisory Committee will provide advice and recommendations on a broad range of policy issues regarding the regulation of state-chartered financial institutions throughout the United States, including its territories. The meeting is open to the public. Out of an abundance of caution related to current and potential coronavirus developments, the public’s means to observe this meeting of the Advisory Committee of State Regulators will be via a Webcast live on the internet. In addition, the meeting will be recorded and subsequently made available ondemand approximately two weeks after the event. The web addresses for viewing the live event and the recording are provided below in the ADDRESSES paragraph. SUMMARY: Tuesday, October 6, 2021, from 1:00 p.m. to 5:00 p.m. ADDRESSES: To view the live event, visit https://fdic.windrosemedia.com. To view the recording, visit https:// fdic.windrosemedia.com/ index.php?category= Advisory+Committee+State+Regulators. If you require a reasonable accommodation to participate, please contact DisabilityProgram@fdic.gov or call 703–562–2096 to make necessary arrangements. DATES: FOR FURTHER INFORMATION CONTACT: Requests for further information concerning the meeting may be directed to Debra A. Decker, Committee Management Officer of the FDIC, at (202) 898–8748. SUPPLEMENTARY INFORMATION: Agenda: The agenda will include a discussion of a variety of current and emerging issues that have potential implications regarding the regulation and supervision of state-chartered financial institutions. The agenda is subject to change. Any changes to the agenda will be announced at the beginning of the meeting. Type of Meeting: This meeting of the Advisory Committee of State Regulators will be Webcast live via the internet https://fdic.windrosemedia.com. For PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 FEDERAL MEDIATION AND CONCILIATION SERVICE Privacy Act of 1974; System of Records Federal Mediation and Conciliation Service. ACTION: Notice of a new system of records. AGENCY: To fulfill its conflict resolution and training mission, Federal Mediation and Conciliation Service (FMCS) uses Microsoft SharePoint, Microsoft Outlook, and a case records management system new to FMCS to enable mediators and managers to manage cases, manage reporting requirements, provide data for research and training, store recorded trainings and meetings, and collect information on Agency operations. The Agency’s internal drives, SharePoint, email, Cloud-based services such as Zoom.gov and Microsoft Teams, and a case records management system are used to store electronic case tracking information, electronic case files (including mediation agreements), and recorded meetings and trainings, permitting the accurate and timely collection, retrieval, and retention of information maintained by offices of the Agency. Inter-Agency Agreements (IAA), agreements for reimbursable services, and requests for mediation and training are also stored in these locations. IAAs and agreements for reimbursable services allow FMCS to provide requested services, such as training and labor dispute resolution, to other federal agencies. DATES: This notice will be effective without further notice on October 21, 2021 unless otherwise revised pursuant to comments received. New routine uses will be effective on October 21, 2021. Comments must be received on or before October 21, 2021. ADDRESSES: You may send comments, identified by FMCS–0004 by any of the following methods: • Mail: Office of General Counsel, 250 E Street SW, Washington, DC 20427. • Email: ogc@fmcs.gov. Include FMCS–0004 on the subject line of the message. SUMMARY: E:\FR\FM\21SEN1.SGM 21SEN1

Agencies

[Federal Register Volume 86, Number 180 (Tuesday, September 21, 2021)]
[Notices]
[Pages 52463-52467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20306]


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FEDERAL DEPOSIT INSURANCE CORPORATION


Agency Information Collection Activities: Proposed Collection 
Renewal; Comment Request; OMB No. 3064-0109; -00124; -0162; -0179; -
0196

AGENCY: Federal Deposit Insurance Corporation (FDIC).

ACTION: Agency Information Collection Activities: Submission for OMB 
Review; Comment Request.

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

SUMMARY: The FDIC, as part of its obligations under the Paperwork 
Reduction Act of 1995, invites the general public and other Federal 
agencies to take this opportunity to comment on the request to renew 
the existing information collections described below (OMB Control No. 
3064-0109; -0124; -0137; -0162; and -0196).

DATES: Comments must be submitted on or before October 21, 2021.

ADDRESSES: Interested parties are invited to submit written comments to 
the FDIC by any of the following methods:
     https://www.FDIC.gov/regulations/laws/federal.
     Email: [email protected]. Include the name and number of 
the collection in the subject line of the message.
     Mail: Manny Cabeza (202-898-3767), Regulatory Counsel, 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 17th Street building (located on F Street), 
on business days between 7:00 a.m. and 5:00 p.m.
    Written comments and recommendations for the proposed information 
collection should be sent within 30 days of publication of this notice 
to www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under 30-day Review--Open for 
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT:  Manny Cabeza, Regulatory Counsel, 
202-898-3767, [email protected], MB-3128, Federal Deposit Insurance 
Corporation, 550 17th Street NW, Washington, DC 20429.

SUPPLEMENTARY INFORMATION: Proposal to renew the following currently 
approved collections of information:

    1. Title: Notice of Branch Closure.
    OMB Number: 3064-0109.
    Form Number: None.
    Affected Public: FDIC-insured depository institutions.
    Burden Estimate:

                                                                Summary of Annual Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                Estimated     Estimated
                                                                                          Estimated     Estimated  average      time per       annual
 Information collection description        Type of burden       Obligation to  respond    number of   frequency of  response    response       burden
                                                                                         respondents                             (hours)       (hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notice of Branch Closure............  Reporting..............  Mandatory..............           178  4.388.................             2         1,562
Adoption of Branch Closure Policy...  Recordkeeping..........  Mandatory..............            22  On Occasion...........             8           176
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Burden: 1,738 hours.
    General Description of Collection: Section 42 of the Federal 
Deposit Insurance Act mandates that an insured depository institution 
closing a branch notify its primary federal regulator not later than 90 
days prior to the closing. The statute also provides that a notice be 
posted on the premises of the branch for the 30-day period immediately 
prior to the closing and that the customers be notified in a mailing at 
least 90 days prior to the closing. Each insured depository institution 
that has one or

[[Page 52464]]

more branches is required to adopt a written policy for branch 
closings. There is no change in the methodology or substance of this 
information collection. The slight increase in total estimated annual 
burden from 1,550 hours in 2018 to 1,738 hours currently is due to 
economic factors reflected in the increase in estimated number or 
respondents and in the frequency of response (number of branch closings 
per respondent).
    2. Title: Notification of Changes of Insured Status.
    OMB Number: 3064-0124.
    Form Number: None.
    Affected Public: Insured depository institutions.
    Burden Estimate:

                                                                Summary of Annual Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               Estimated    Estimated  average
      Information collection          Type of burden       Obligation to       number of       frequency of      Estimated time per   Estimated  annual
           description                                        respond         respondents        response        response  (hours)     burden  (hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notification of Change in Insured  Disclosure.........  Mandatory..........             8  On Occasion........  2..................  16
 Status.
Certification....................  Reporting..........  Mandatory..........           240  On Occasion........  1..................  240
    Total Estimated Annual         ...................  ...................  ............  ...................  ...................  256 hours.
     Burden:
--------------------------------------------------------------------------------------------------------------------------------------------------------

    General Description of Collection: This information collection 
consists of two parts: (1) A certification that insured depository 
institutions provide the FDIC when all deposit liabilities from one 
insured depository institution are assumed from another insured 
depository institution, with the latter institution responsible for 
providing the certification, and (2) a notification that an insured 
depository institution provides to its depositors when it seeks to 
voluntarily terminate its insured status. The certification is 
necessary to implement the provisions of section 8(q) of the Federal 
Deposit Insurance Act, 12 U.S.C. 1818(q), regarding termination of the 
insured status of the transferring institution and termination of the 
separate deposit insurance coverage provided on deposit accounts 
assumed by the assuming institution. The depositor notification is 
required by section 8(a) (6) of the Federal Deposit Insurance Act, 12 
U.S.C. 1818(a) (6). This provision ensures that the institution's 
depositors receive appropriate information regarding the institution's 
intent to terminate its insured status and that, prior to the 
termination of the institution's insured status, depositors receive 
appropriate information concerning federal deposit insurance coverage 
of their accounts once the institution's insured status is terminated. 
There is no change in the methodology or substance of this information 
collection. Based on supervisory experience, the FDIC has revised its 
estimate of the Time per Response for the Certification component from 
0.25 hours to 1 hour and has revised the estimated time to respond to 
the Notification component from 1 hour to 2 hours. The estimated number 
of respondents has changed due to economic factors. The estimated 
number of annual respondents to the Notification component has 
increased from 2 to 8. The estimated number of annual respondents to 
the Certification component has increased from 150 to 240. As a result 
of the foregoing total estimated annual burden has increased from 39.5 
hours in 2018 to 256 hours currently.

    3. Title: Large-Bank Deposit Insurance Programs.
    OMB Number: 3064-0162.
    Form Number: None.
    Affected Public: Insured depository institutions having at least $2 
billion in deposits and at least either: (a) 250,000 Deposit accounts; 
or (b) $20 billion in total assets, regardless of the number of deposit 
accounts (a ``covered institution'').
    Burden Estimate:

                                                                Summary of Annual Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          Estimated       Estimated                                        Total annual
                                   Type of burden     Obligation to       number of     frequency of   Estimated time     Frequency of       estimated
                                                         respond         respondents      responses     per response        response          burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Implementation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Posting and removing             Recordkeeping....  Mandatory........               7               1             150  One time.........           1,050
 provisional holds--360.9(c)(1)
 and (2).
Providing standard data format   Recordkeeping....  Mandatory........               7               1             110  One time.........             770
 for deposit account and
 customer information--
 360.9(d)(1).
Notification of identity of      Reporting........  Mandatory........               7               1               8  One time.........              56
 person responsible for
 producing standard data
 downloads--360.9(c)(3).
Request for exemption from       Reporting........  Voluntary........               1               1              20  On occasion......              20
 provisional hold requirements--
 360.9(c)(9).
Provide deposit account and      Reporting........  Mandatory........               7               1              40  On occasion......             280
 customer information in
 required standard format--
 360.9(d)(3).
Request for extension of         Reporting........  Voluntary........               1               1              20  On occasion......              20
 compliance deadline--
 360.9(e)(7).
Request for exemption--360.9(f)  Reporting........  Voluntary........               1               1              20  On occasion......              20
                                                                      ----------------------------------------------------------------------------------
    Total Implementation Burden  .................  .................  ..............  ..............  ..............  .................           2,216
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 52465]]

 
                                                                         Ongoing
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notification of identity of      Reporting........  Mandatory........             126               1               8  One time.........           1,008
 person responsible for
 producing standard data
 downloads--360.9(c)(3).
Request for exemption from       Reporting........  Voluntary........               1               1              20  On occasion......              20
 provisional hold requirements--
 360.9(c)(9).
Request for exemption--360.9(f)  Reporting........  Voluntary........               1               1              20  On occasion......              20
Test compliance with 360.9 (c)-  Reporting........  Mandatory........              40               1              80  On occasion......           3,200
 (d) pursuant to 360.9(h).
                                                                      ----------------------------------------------------------------------------------
    Total Ongoing Burden.......  .................  .................  ..............  ..............  ..............  .................           4,248
                                                                      ----------------------------------------------------------------------------------
        Total Estimated Annual   .................  .................  ..............  ..............  ..............  .................           6,464
         Burden.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    General Description of Collection: Upon the failure of an FDIC-
insured depository institution, the FDIC is required to pay insured 
deposits as soon as possible. To do so, the FDIC must be able to 
quickly determine the total insured amount for each depositor. To make 
this determination, the FDIC must ascertain the balances of all deposit 
accounts owned by the same depositor in the same ownership capacity at 
a failed institution as of the day of failure. The FDIC issued a 
regulation (12 CFR 360.9) (Section 360.9) to modernize the process of 
determining the insurance status of each depositor in the event of 
failure of a covered institution. The FDIC requires institutions that 
are covered under Section 360.9 to have mechanisms in place that will 
automatically place a provisional hold on domestic and foreign deposit 
accounts, and sweep and automated credit account arrangements, in the 
event that a covered institution is close to failing. A ``provisional 
hold'' is defined in 12 CFR Section 360.9(b)(6) as ``an effective 
restriction on access to some or all of a deposit or other liability 
account after the failure of an insured depository institution.'' 
Section 360.9 also requires institutions to have in place practices and 
procedures for providing the FDIC, in a standard format upon the close 
of any day's business, certain data on the accounts and customers of 
the institution, and to provide the FDIC with this information upon 
request. The purpose of these requirements is to allow the deposit and 
other operations of a covered institution to continue functioning on 
the day following failure, and to permit the FDIC to fulfill its legal 
requirement to promptly provide liquidity to depositors of a failed 
institution. This information also helps to ensure equitable treatment 
of depositors at different institutions, and helps to preserve the 
franchise value of a failed institution, thereby reducing costs to the 
FDIC in the event that a covered institution fails.
    FDIC-insured depository institutions (IDIs) that are covered by 
Section 360.9 are defined in Section 360.9(b)(1) as having at least $2 
billion in deposits and either (1) 250,000 or more deposit accounts, or 
(2) $20 billion or more in assets, regardless of the number of deposit 
accounts. IDIs that meet this criteria for two consecutive quarters 
qualify as covered institutions.
    This information collection consists of seven distinct reporting 
and recordkeeping requirements (ICs) that impose annual implementation 
burden on covered institutions. Four of these seven reporting 
requirements entail an ongoing burden component: (1) Section 
360.9(c)(3) (IC requirements C and H, below) requires covered 
institutions to provide certain information to the FDIC both while the 
institution is implementing the systems required under 360.9 (IC 
requirement C) and on an ongoing basis (IC requirement H); (2) Section 
360.9(c)(9) (IC requirements D and I, below) permits institutions to 
request an exemption from certain requirements of Section 360.9. 
Institutions could submit such requests either while they are 
implementing the systems required under Section 360.9 (IC requirement 
D) or after they are already in compliance with Section 360.9 (IC 
requirement I); (3) Section 360.9(f) (IC requirements G and J, below) 
permits institutions to request an exemption from all of the 
requirements of Section 360.9 under certain conditions. Institutions 
could submit such requests either while they are implementing the 
systems required under Section 360.9 (IC requirement G) or after they 
are already in compliance with Section 360.9 (IC requirement J). Since 
reporting by institutions pursuant to Sections 360.9(c)(3), 
360.9(c)(9), and 360.9(f) are counted as both implementation and 
ongoing requirements, this IC contains eleven \1\ requirements in 
total. These requirements, with corresponding CFR sections, are listed 
and described as follows:
---------------------------------------------------------------------------

    \1\ 8 distinct requirements, plus 3 requirements that are 
counted as both implementation and ongoing requirements, brings the 
total number of requirements for this IC to 11.

A. 360.9(c)(1) and (2) (Implementation)--Require covered institutions 
to set up systems for automatically placing provisional holds on 
domestic and foreign deposit accounts and sweep and automated credit 
account arrangements
B. 360.9(d)(1) and (2) (Implementation)--Require covered institutions 
to establish practices and procedures for providing the FDIC, in a 
standard format upon the close of any day's business, customer and 
depositor data for all deposit accounts held in domestic and foreign 
offices and interest bearing investment accounts connected with sweep 
and automated credit arrangements
C. 360.9(c)(3) (Implementation)--Requires covered institutions to 
notify the FDIC of the person(s) responsible for producing the standard 
data download and administering provisional holds, both while the 
functionality is being constructed and on an ongoing basis (IC 
requirement H)
D. 360.9(c)(9) (Implementation)--Permits covered institutions to submit 
to the FDIC a request for an exemption from the provisional hold 
requirements for those account systems servicing a relatively small 
number of accounts where the application of manual provisional holds is 
feasible, both while the

[[Page 52466]]

systems are being constructed and on an ongoing basis (IC requirement 
I)
E. 360.9(d)(3) (Implementation)--Requires covered institutions to 
submit the data required by 360.9(d)(1) to the FDIC upon request both 
while the systems are being constructed and on an ongoing basis (IC 
requirement K)
F. 360.9(e)(7) (Implementation)--Permits covered institutions to submit 
to the FDIC a request for an extension of the deadline for complying 
with the requirements of Section 360.9
G. 360.9(f) (Implementation)--Permits covered institutions to apply for 
an exemption from the requirements of Section 360.9, if the institution 
has a high concentration of deposits incidental to credit card 
operations, both during the implementation period in the first year and 
on an ongoing basis (IC requirement J)
H. 360.9(c)(3) (Ongoing)--Requires covered institutions to provide the 
information described in IC requirement C above to the FDIC on an 
ongoing basis
I. 360.9(c)(9) (Ongoing)--Permits covered institutions to request an 
exemption from the provisional hold requirements, as described in IC 
requirement D above, both while the systems are being constructed and 
on an ongoing basis
J. 360.9(f) (Ongoing)--Permits covered institutions to apply for an 
exemption from the requirements of Section 360.9, as described in IC 
requirement G above, at any time after the institution is in compliance 
with the requirements of Section 360.9 if the institution has a high 
concentration of deposits incidental to credit card operations. The 
ongoing burden component under 12 CFR Section 360.9(f) was 
inadvertently omitted from the 2018 submission and is now included in 
this renewal.
K. 360.9(h) (Ongoing)--Requires covered institutions to provide 
appropriate assistance to the FDIC in its testing of the systems 
required under Section 360.9

There is no change in the methodology or substance of this information 
collection. The decrease in total estimated annual burden from 10,268 
hours in 2018 to 6,064 hours currently, is due to economic factors 
reflected in a decrease in the number of estimated annual respondents. 
The inclusion of ongoing burden for requests for exemption pursuant to 
12 CFR 360.9(f) accounts for an increase of 20 hours in total estimated 
annual burden for one respondent.

    4. Title: Assessment Rate Adjustment Guidelines for Large and 
Highly Complex Institutions.
    OMB Number: 3064-0179.
    Form Number: None.
    Affected Public: Large and highly complex depository institutions.
    Burden Estimate:

                                                                Summary of Annual Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                Estimated     Estimated
                                                                                          Estimated    Estimated  frequency     time per       annual
 Information collection description        Type of burden       Obligation  to respond    number of        of  responses        response       burden
                                                                                         respondents                             (hours)       (hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Assessment Rate Adjustment            Reporting..............  Mandatory..............             2  On Occasion...........            80           160
 Guidelines for Large and Highly
 Complex Institutions.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Total Estimated Annual Burden: 160 hours.
    General Description of Collection: The FDIC's deposit insurance 
assessment authority is set forth in Section 7 of the Federal Deposit 
Insurance Act, 12 U.S.C. 1817(b) and (c) and promulgated in regulations 
under 12 CFR part 327. These regulations also set out the process for 
making adjustments to the total score of these institutions used by the 
FDIC in making deposit insurance assessments. Depository institutions 
are permitted to make a written request to the FDIC for an assessment 
adjustment. An institution is able to request review of, or appeal, an 
upward adjustment, the magnitude of an upward adjustment, removal of a 
previously implemented downward adjustment or an increase in a 
previously implemented upward adjustment through the FDIC's internal 
review process set forth at 12 CFR 327.4(c). An institution can 
similarly request review of or appeal a decision not to apply an 
adjustment following a request by the institution for an adjustment.
    An institution can submit its written request for an adjustment to 
the FDIC's Director of the Division of Insurance and Research in 
Washington, DC In making such a request, the institution will provide 
support by including evidence of a material risk or risk-mitigating 
factor that it believes was not adequately considered.
    There is no change in the methodology or substance of this 
information collection. The increase in total estimated annual burden 
from 80 hours in 2018 to 160 hours currently is due to economic factors 
as reflected in the increase in estimated number of respondents.

    5. Title: Regulatory Capital Rules: Regulatory Capital, Revisions 
to the Supplementary Leverage Ratio.
    OMB Number: 3064-0196.
    Form Number: None.
    Affected Public: Insured state nonmember banks and state savings 
associations that are subject to the FDIC's advanced approaches risk-
based capital rules.
    Burden Estimate:

                                                                Summary of Annual Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                Estimated     Estimated
                                                                                          Estimated    Estimated  frequency     time per       annual
 Information collection description        Type of burden       Obligation  to respond    number of        of  responses        response       burden
                                                                                         respondents                             (hours)       (hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Disclosure Requirements Associated    Disclosure.............  Mandatory..............             5  Quarterly.............             5           100
 with Supplementary Leverage Ratio
 (12 CFR 324.172 and 173).
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 52467]]

    Total Estimated Annual Burden: 100 hours.
    General Description of Collection: The supplementary leverage ratio 
regulations strengthen the definition of total leverage exposure and 
improve the measure of a banking organization's on and off-balance 
sheet exposures. All banking organizations that are subject to the 
advanced approaches risk-based capital rules are required to disclose 
their supplementary leverage ratios. Advanced approaches banking 
organizations must report their supplementary leverage ratios on the 
applicable regulatory reports. The calculation and disclosure 
requirements for the supplementary leverage ratio in the federal 
banking agencies' regulatory capital rules are generally consistent 
with international standards published by the Basel Committee on 
Banking Supervision. These disclosures enhance the transparency and 
consistency of reporting requirements for the supplementary leverage 
ratio by all internationally active organizations.
    There is no change in the methodology or substance of this 
information collection. The increase in total estimated annual burden 
from 40 hours in 2018 to 100 hours currently is due to economic factors 
as reflected in the increase in estimated number of respondents.

Request for Comment

    Comments are invited on: (a) Whether the collection of information 
is necessary for the proper performance of the FDIC's functions, 
including whether the information has practical utility; (b) the 
accuracy of the estimates of the burden of the 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; and (d) ways to minimize the burden of the collection of 
information on respondents, including through the use of automated 
collection techniques or other forms of information technology. All 
comments will become a matter of public record.

    Dated at Washington, DC, this 15th day of September 2021.

Federal Deposit Insurance Corporation.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2021-20306 Filed 9-20-21; 8:45 am]
BILLING CODE 6714-01-P