Agency Information Collection Activities: Announcement of Board Approval Under Delegated Authority and Submission to OMB, 55005-55007 [2022-19324]
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Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices
Request for Comment
Comments are invited on: (a) Whether
the collections of information are
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 collections,
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 collections 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.
Federal Deposit Insurance Corporation.
Dated at Washington, DC, on September 1,
2022.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2022–19356 Filed 9–7–22; 8:45 am]
BILLING CODE 6714–01–P
FEDERAL ELECTION COMMISSION
Sunshine Act Meetings
Tuesday, September 13,
2022, at 10:00 a.m. and its continuation
at the conclusion of the open meeting
on September 15, 2022.
PLACE: 1050 First Street NE,
Washington, DC and virtual (this
meeting will be a hybrid meeting).
STATUS: This meeting will be closed to
the public.
MATTERS TO BE CONSIDERED: Compliance
matters pursuant to 52 U.S.C. 30109.
Matters concerning participation in
civil actions or proceedings or
arbitration.
*
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CONTACT PERSON FOR MORE INFORMATION:
Judith Ingram, Press Officer, Telephone:
(202) 694–1220.
Authority: Government in the
Sunshine Act, 5 U.S.C. 552b.
TIME AND DATE:
Vicktoria J. Allen,
Acting Deputy Secretary of the Commission.
[FR Doc. 2022–19548 Filed 9–6–22; 4:15 pm]
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BILLING CODE 6715–01–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.
AGENCY:
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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).
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 for the Federal
Reserve Board, 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 Collection:
Collection title: Financial Statements
for Holding Companies.
Collection identifier: FR Y–9C, FR Y–
9LP, FR Y–9SP, FR Y–9ES, and FR Y–
9CS.
OMB control number: 7100–0128.
Effective Date: September 30, 2022.
Frequency: Quarterly, semiannually,
and annually.
Respondents: Bank holding
companies (BHCs), savings and loan
holding companies (SLHCs), securities
holding companies, and U.S.
intermediate holding companies (IHCs)
(collectively, holding companies).1
SUMMARY:
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
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55005
Estimated number of respondents:
Reporting
FR Y–9C (non-advanced approaches
holding companies with less than $5
billion in total assets): 119; FR Y–9C
(non-advanced approaches holding
companies with $5 billion or more in
total assets): 221; FR Y–9C (advanced
approaches holding companies): 9; FR
Y–9LP: 412; FR Y–9SP: 3,708; FR Y–
9ES: 78; FR Y–9CS: 236.
Recordkeeping
FR Y–9C: 349; FR Y–9LP: 412; FR Y–
9SP: 3,708; 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): 35.74; FR Y–9C
(non-advanced approaches holding
companies with $5 billion or more in
total assets): 44.94; FR Y–9C (advanced
approaches holding companies): 50.16;
FR Y–9LP: 5.27; FR Y–9SP: 5.45; 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): 17,012; FR Y–9C
(non-advanced approaches holding
companies with $5 billion or more in
total assets): 39,727; FR Y–9C (advanced
approaches holding companies): 1,806;
FR Y–9LP: 8,685; FR Y–9SP: 40,417; FR
Y–9ES: 39; FR Y–9CS: 472.
Recordkeeping
FR Y–9C: 1,396; FR Y–9LP: 1,648; FR
Y–9SP: 3,708; FR Y–9ES: 39; FR Y–9CS:
472.
General description of collection: 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,
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) a SLHC that primarily
holds insurance-related assets and does not
otherwise submit financial reports with the
Securities and Exchange Commission pursuant to
sections 13 or 15(d) of the Securities Exchange Act
of 1934.
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Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices
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 Y–9 series of reports are
authorized for BHCs pursuant to section
5 of the Bank Holding Company Act
(BHC Act); 2 for SLHCs pursuant to
section 10(b)(2) and (3) of the Home
Owners’ Loan Act; 3 for IHCs pursuant
to section 5 of the BHC Act, as well as
pursuant to sections 102(a)(1) and 165
of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (DoddFrank Act); 4 and for securities holding
companies pursuant to section 618 of
the Dodd-Frank Act.5
Except for the FR Y–9CS report,
which is 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.
2 12
U.S.C. 1844.
U.S.C. 1467a(b)(2) and (3).
4 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 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
the information contained in the FR Y–9 series of
reports.
5 12 U.S.C. 1850a(c)(1)(A).
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Certain information collected on the
FR Y–9C and FR Y–9SP Reports is kept
confidential by the Board. The following
items are kept confidential under
exemption 4 of the Freedom of
Information Act (FOIA) because these
data items reflect commercial and
financial information that is both
customarily and actually treated as
private by the respondent: 6
• FR Y–9C, Schedule HI, memoranda
item 7(g), ‘‘FDIC deposit insurance
assessments;’’
• FR Y–9C, Schedule HC–P, item 7(a)
‘‘Representation and warranty reserves
for 1–4 family residential mortgage
loans sold to U.S. government agencies
and government sponsored agencies;’’
• FR Y–9C, Schedule HC–P, item 7(b)
‘‘Representation and warranty reserves
for 1–4 family residential mortgage
loans sold to other parties;’’
• FR Y–9C, Schedule HC–C, Part I,
Memorandum items 16.a and 16.b, for
eligible loan modifications under
Section 4013 of the 2020 Coronavirus
Aid, Relief, and Economic Security Act;
and
• FR Y–9C, Schedule HC and FR Y–
9SP, Schedule SC, Memoranda item
2.b., the name and email address of the
external auditing firm’s engagement
partner.7
In some circumstances, disclosing
these data items may also reveal
confidential examination and
supervisory information protected from
disclosure under exemption 8 of the
FOIA.8 The Board has previously
assured submitters that these data items
will be treated as confidential.
In addition, the Chief Executive
Officer Contact Information section of
both the FR Y–9C and FR Y–9SP is kept
confidential pursuant to exemption 6 of
the FOIA, which applies to personnel
and medical files the disclosure of
which would constitute a clearly
unwarranted invasion of personal
privacy,9 and exemption 8, which
applies to 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
Aside from the data items described
above, data collected by the FR Y–9
reports generally are not accorded
6 12
U.S.C. 552(b)(4).
Board has assured respondents that this
information will be treated as confidential since the
collection of this data item was proposed in 2004,
under the assumption that the identity of the
engagement partner is treated as private information
by HCs.
8 12 U.S.C. 552(b)(8).
9 5 U.S.C. 552(b)(6).
10 5 U.S.C. 552(b)(8).
7 The
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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 that the instructions to
the FR Y–9 reports direct the financial
institution to retain the workpapers and
related materials used in preparation of
each report, such material would only
be obtained by the Board as part of the
examination or supervision of the
financial institution. Accordingly, such
information is considered confidential
pursuant to exemption 8 of the FOIA.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
customarily and actually treated as
private by the respondent.13
Current actions: On October 8, 2020,
the Board published a notice in the
Federal Register (85 FR 63553)
requesting public comment for 60 days
on the extension, with revision, of the
FR Y–9 reports. The comment period for
this notice expired on December 7,
2020. On January 4, 2021, the Board
published a final Federal Register (86
FR 92) notice addressing the public
comments received and finalizing all
proposed changes except those related
to last-of-layer hedging, discussed
below. There were no comments
received on the initial Federal Register
notice (85 FR 63553) on the proposed
changes related to last-of-layer hedging.
In accounting standards update (ASU)
No. 2017–12, Derivatives and Hedging
(Topic 815)—Targeted Improvements to
Accounting for Hedging Activities, the
Financial Standards Accounting Board
(FASB) added the last-of-layer method
to its hedge accounting standards to
lessen the difficulties institutions
encountered under existing accounting
rules when seeking to enter into a fair
value hedge of the interest rate risk of
a closed portfolio of prepayable
financial assets or one or more
beneficial interests secured by a
portfolio of prepayable financial
instruments. Typically, prepayable
financial assets would be loans and
available-for-sale debt securities. Under
ASU 2017–12, there are no limitations
on the types of qualifying assets that
11 12
CFR part 261.
U.S.C. 552(b)(8).
13 5 U.S.C. 552(b)(4).
12 5
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Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices
could be grouped together in a last-oflayer hedge other than meeting the
following two criteria: (1) They must be
prepayable financial assets that have a
contractual maturity date beyond the
period being hedged and (2) they must
be eligible for fair value hedge
accounting of interest rate risk (for
example, fixed-rate instruments). For
example, fixed-rate residential
mortgages, auto loans, and collateralized
mortgage obligations could all be
grouped and hedged together in a single
last-of-layer closed portfolio. For a lastof-layer hedge, ASC paragraph 815–10–
50–5B states that an institution may
need to allocate the related fair value
hedge basis adjustment (FVHBA) ‘‘to
meet the objectives of disclosure
requirements in other Topics.’’ This
ASC paragraph then explains that the
institution ‘‘may allocate the basis
adjustment on an individual asset basis
or on a portfolio basis using a systematic
and rational method.’’ Due to the
aggregation of assets in a last-of-layer
closed portfolio, institutions may find it
challenging to allocate the related
FVHBA to the individual loan or AFS
debt security level when necessary for
financial reporting purposes.
In March 2018, the FASB added a
project to its agenda to expand last-oflayer hedging to multiple layers, thereby
providing more flexibility to entities
when applying hedge accounting to a
closed portfolio of prepayable assets. In
connection with this project, the FASB
anticipated that there would be
diversity in practice if entities were
required to allocate portfolio-level, lastof-layer FVHBAs to more granular
levels, which in turn could potentially
hamper data quality and comparability.
In addition, the allocation would
increase operational burden on
institutions with little, if any, added
value to risk management or to users of
the financial statements. Therefore, for
financial reporting purposes, the FASB
tentatively decided that it would require
these FVHBAs to be presented as a
reconciling item, i.e., in the aggregate for
loans and AFS debt securities, in
disclosures required by other areas of
United States generally accepted
accounting principles (U.S. GAAP).
As a result, in the October 2020
notice, the Board proposed to
implement changes to the FR Y–9C
related to the FASB’s expected
expansion of last-of-layer hedging to
multiple layers, providing more
flexibility to entities when applying
hedge accounting to a closed portfolio of
prepayable assets. Specifically, the
Board proposed changes to FR Y–9C,
Schedules HC–C, Loans and Lease
Financing Receivables and HC–B,
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Securities. Following the FASB’s
expected adoption of a final last-of-layer
hedge accounting standard, the
instructions for Schedule HC–C, item
11, ‘‘LESS: Any unearned income on
loans reflected in items 1–9 above,’’
would have been revised to explicitly
state that last-of-layer FVHBAs
associated with the loans reported in
Schedule HC–C, should be included in
this item. In addition, the Board
proposed to rename existing item 7 for
Schedule HC–B, ‘‘Investments in mutual
funds and other equity securities with
readily determinable fair values,’’ to
‘‘Unallocated last-of-layer fair value
hedge basis adjustments.’’ Holding
companies would have reported
amounts for last-of-layer FVHBAs on
AFS debt securities only in item 7,
column C, ‘‘Available-for-sale:
Amortized Cost’’.
However, the FASB had not adopted
the expected expansion of last-of-layer
hedging by January 2021, when the
Board approved the other revisions to
the FR Y–9 reports that had been
proposed in the October 2020 notice.
Therefore, the Board did not adopt the
proposed revisions relating to last-oflayer hedging in the January 2021 notice
and instead noted that it would consider
whether to finalize the proposed
revisions when the FASB adopted a
final standard.
On March 28, 2022, the FASB issued
ASU 2022–01, to implement last-oflayer hedging.14 The ASU is considered
to be a modification of U.S. GAAP. This
ASU expands the current single-layer
method and allows for multiple hedged
layers of a single closed portfolio, as
anticipated by the October 2020 notice.
Additionally, ASU 2022–01:
• Expands the scope of the portfolio
layer method from prepayable assets to
also include nonprepayable assets;
• Specifies eligible hedging
instruments in a single-layer hedge;
• Provides additional guidance on the
accounting for and disclosure of FVHBA
under the portfolio layer method; and
• Specifies how hedge basis
adjustments should be considered when
determining credit losses for the assets
included in the closed portfolio.
The ASU 2022–01 applies to all
entities that elect to apply the portfolio
layer method of hedge accounting. For
public business entities, this ASU is
effective for fiscal years beginning after
December 15, 2022, and interim periods
within those fiscal years. For all other
entities, the ASU is effective for fiscal
years beginning after December 15,
14 ASU 2022–01—Derivatives and Hedging (Topic
815): Fair Value Hedging—Portfolio Layer Method
(fasb.org).
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55007
2023, and interim periods within those
fiscal years. Early adoption is permitted.
In light of the issuance of ASU 2022–
01 by the FASB, the Board has adopted
the revisions to the FR Y–9C related to
the expansion of last-of-layer hedging
proposed in October 2020, with certain
modifications to account for the specific
content of ASU 2022–01. Specifically,
the Board has renamed HC–B, line item
7 to ‘‘Unallocated portfolio layer fair
value hedge basis adjustments’’ instead
of ’’ Unallocated last-of-layer fair value
hedge basis adjustments’’ to align with
the scope of ASU 2022–01.
Additionally, the Board is updating the
FR Y–9C instructions for Schedules HC–
B, Securities, and HC–C, Loans and
Leases, to fully align with U.S. GAAP as
detailed in ASU 2022–01.
Board of Governors of the Federal Reserve
System, September 1, 2022.
Michele Taylor Fennell,
Deputy Associate Secretary of the Board.
[FR Doc. 2022–19324 Filed 9–7–22; 8:45 am]
BILLING CODE 6210–01–P
GENERAL SERVICES
ADMINISTRATION
[OMB Control No. 3090–0320; Docket No.
2022–0001; Sequence No. 15]
Information Collection; General
Services Administration Acquisition
Regulation; Construction Manager as
Constructor (CMc)
Office of Acquisition Policy,
General Services Administration (GSA).
ACTION: Notice of request for public
comments.
AGENCY:
Under the provisions of the
Paperwork Reduction Act, the
Regulatory Secretariat Division will be
submitting to the Office of Management
and Budget (OMB) a request to review
and approve an extension of a
previously approved information
collection requirement regarding
information collection 3090–0320
Construction Manager as Constructor
(CMc).
SUMMARY:
Submit comments on or before:
November 7, 2022.
ADDRESSES: Submit comments
identified by Information Collection
3090–0320 via https://
www.regulations.gov.
Submit comments via the Federal
eRulemaking portal by searching the
OMB control number. Select the link
‘‘Comment’’ that corresponds with
information collection ‘‘3090–0320,
Construction Manager as Constructor’’.
Follow the instructions provided on the
DATES:
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Agencies
[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Pages 55005-55007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19324]
=======================================================================
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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).
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 for the Federal
Reserve Board, 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 Collection:
Collection title: Financial Statements for Holding Companies.
Collection identifier: FR Y-9C, FR Y-9LP, FR Y-9SP, FR Y-9ES, and
FR Y-9CS.
OMB control number: 7100-0128.
Effective Date: September 30, 2022.
Frequency: Quarterly, semiannually, and annually.
Respondents: Bank holding companies (BHCs), savings and loan
holding companies (SLHCs), securities holding companies, and U.S.
intermediate holding companies (IHCs) (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
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) a SLHC that
primarily holds insurance-related assets and does not otherwise
submit financial reports with the Securities and Exchange Commission
pursuant to sections 13 or 15(d) of the Securities Exchange Act of
1934.
---------------------------------------------------------------------------
Estimated number of respondents:
Reporting
FR Y-9C (non-advanced approaches holding companies with less than
$5 billion in total assets): 119; FR Y-9C (non-advanced approaches
holding companies with $5 billion or more in total assets): 221; FR Y-
9C (advanced approaches holding companies): 9; FR Y-9LP: 412; FR Y-9SP:
3,708; FR Y-9ES: 78; FR Y-9CS: 236.
Recordkeeping
FR Y-9C: 349; FR Y-9LP: 412; FR Y-9SP: 3,708; 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): 35.74; FR Y-9C (non-advanced approaches
holding companies with $5 billion or more in total assets): 44.94; FR
Y-9C (advanced approaches holding companies): 50.16; FR Y-9LP: 5.27; FR
Y-9SP: 5.45; 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): 17,012; FR Y-9C (non-advanced approaches
holding companies with $5 billion or more in total assets): 39,727; FR
Y-9C (advanced approaches holding companies): 1,806; FR Y-9LP: 8,685;
FR Y-9SP: 40,417; FR Y-9ES: 39; FR Y-9CS: 472.
Recordkeeping
FR Y-9C: 1,396; FR Y-9LP: 1,648; FR Y-9SP: 3,708; FR Y-9ES: 39; FR
Y-9CS: 472.
General description of collection: 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,
[[Page 55006]]
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 Y-9 series of reports
are authorized for BHCs pursuant to section 5 of the Bank Holding
Company Act (BHC Act); \2\ for SLHCs pursuant to section 10(b)(2) and
(3) of the Home Owners' Loan Act; \3\ for IHCs pursuant to section 5 of
the BHC Act, as well as pursuant to sections 102(a)(1) and 165 of the
Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank
Act); \4\ and for securities holding companies pursuant to section 618
of the Dodd-Frank Act.\5\
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\2\ 12 U.S.C. 1844.
\3\ 12 U.S.C. 1467a(b)(2) and (3).
\4\ 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.
\5\ 12 U.S.C. 1850a(c)(1)(A).
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Except for the FR Y-9CS report, which is 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.
Certain information collected on the FR Y-9C and FR Y-9SP Reports
is kept confidential by the Board. The following items are kept
confidential under exemption 4 of the Freedom of Information Act (FOIA)
because these data items reflect commercial and financial information
that is both customarily and actually treated as private by the
respondent: \6\
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\6\ 12 U.S.C. 552(b)(4).
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FR Y-9C, Schedule HI, memoranda item 7(g), ``FDIC deposit
insurance assessments;''
FR Y-9C, Schedule HC-P, item 7(a) ``Representation and
warranty reserves for 1-4 family residential mortgage loans sold to
U.S. government agencies and government sponsored agencies;''
FR Y-9C, Schedule HC-P, item 7(b) ``Representation and
warranty reserves for 1-4 family residential mortgage loans sold to
other parties;''
FR Y-9C, Schedule HC-C, Part I, Memorandum items 16.a and
16.b, for eligible loan modifications under Section 4013 of the 2020
Coronavirus Aid, Relief, and Economic Security Act; and
FR Y-9C, Schedule HC and FR Y-9SP, Schedule SC, Memoranda
item 2.b., the name and email address of the external auditing firm's
engagement partner.\7\
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\7\ The Board has assured respondents that this information will
be treated as confidential since the collection of this data item
was proposed in 2004, under the assumption that the identity of the
engagement partner is treated as private information by HCs.
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In some circumstances, disclosing these data items may also reveal
confidential examination and supervisory information protected from
disclosure under exemption 8 of the FOIA.\8\ The Board has previously
assured submitters that these data items will be treated as
confidential.
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\8\ 12 U.S.C. 552(b)(8).
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In addition, the Chief Executive Officer Contact Information
section of both the FR Y-9C and FR Y-9SP is kept confidential pursuant
to exemption 6 of the FOIA, which applies to personnel and medical
files the disclosure of which would constitute a clearly unwarranted
invasion of personal privacy,\9\ and exemption 8, which applies to
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\
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\9\ 5 U.S.C. 552(b)(6).
\10\ 5 U.S.C. 552(b)(8).
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Aside from the data items described above, data collected by the FR
Y-9 reports generally are 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.
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\11\ 12 CFR part 261.
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To the extent that the instructions to the FR Y-9 reports direct
the financial institution to retain the workpapers and related
materials used in preparation of each report, such material would only
be obtained by the Board as part of the examination or supervision of
the financial institution. Accordingly, such information is considered
confidential pursuant to exemption 8 of the FOIA.\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 customarily
and actually treated as private by the respondent.\13\
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\12\ 5 U.S.C. 552(b)(8).
\13\ 5 U.S.C. 552(b)(4).
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Current actions: On October 8, 2020, the Board published a notice
in the Federal Register (85 FR 63553) requesting public comment for 60
days on the extension, with revision, of the FR Y-9 reports. The
comment period for this notice expired on December 7, 2020. On January
4, 2021, the Board published a final Federal Register (86 FR 92) notice
addressing the public comments received and finalizing all proposed
changes except those related to last-of-layer hedging, discussed below.
There were no comments received on the initial Federal Register notice
(85 FR 63553) on the proposed changes related to last-of-layer hedging.
In accounting standards update (ASU) No. 2017-12, Derivatives and
Hedging (Topic 815)--Targeted Improvements to Accounting for Hedging
Activities, the Financial Standards Accounting Board (FASB) added the
last-of-layer method to its hedge accounting standards to lessen the
difficulties institutions encountered under existing accounting rules
when seeking to enter into a fair value hedge of the interest rate risk
of a closed portfolio of prepayable financial assets or one or more
beneficial interests secured by a portfolio of prepayable financial
instruments. Typically, prepayable financial assets would be loans and
available-for-sale debt securities. Under ASU 2017-12, there are no
limitations on the types of qualifying assets that
[[Page 55007]]
could be grouped together in a last-of-layer hedge other than meeting
the following two criteria: (1) They must be prepayable financial
assets that have a contractual maturity date beyond the period being
hedged and (2) they must be eligible for fair value hedge accounting of
interest rate risk (for example, fixed-rate instruments). For example,
fixed-rate residential mortgages, auto loans, and collateralized
mortgage obligations could all be grouped and hedged together in a
single last-of-layer closed portfolio. For a last-of-layer hedge, ASC
paragraph 815-10-50-5B states that an institution may need to allocate
the related fair value hedge basis adjustment (FVHBA) ``to meet the
objectives of disclosure requirements in other Topics.'' This ASC
paragraph then explains that the institution ``may allocate the basis
adjustment on an individual asset basis or on a portfolio basis using a
systematic and rational method.'' Due to the aggregation of assets in a
last-of-layer closed portfolio, institutions may find it challenging to
allocate the related FVHBA to the individual loan or AFS debt security
level when necessary for financial reporting purposes.
In March 2018, the FASB added a project to its agenda to expand
last-of-layer hedging to multiple layers, thereby providing more
flexibility to entities when applying hedge accounting to a closed
portfolio of prepayable assets. In connection with this project, the
FASB anticipated that there would be diversity in practice if entities
were required to allocate portfolio-level, last-of-layer FVHBAs to more
granular levels, which in turn could potentially hamper data quality
and comparability. In addition, the allocation would increase
operational burden on institutions with little, if any, added value to
risk management or to users of the financial statements. Therefore, for
financial reporting purposes, the FASB tentatively decided that it
would require these FVHBAs to be presented as a reconciling item, i.e.,
in the aggregate for loans and AFS debt securities, in disclosures
required by other areas of United States generally accepted accounting
principles (U.S. GAAP).
As a result, in the October 2020 notice, the Board proposed to
implement changes to the FR Y-9C related to the FASB's expected
expansion of last-of-layer hedging to multiple layers, providing more
flexibility to entities when applying hedge accounting to a closed
portfolio of prepayable assets. Specifically, the Board proposed
changes to FR Y-9C, Schedules HC-C, Loans and Lease Financing
Receivables and HC-B, Securities. Following the FASB's expected
adoption of a final last-of-layer hedge accounting standard, the
instructions for Schedule HC-C, item 11, ``LESS: Any unearned income on
loans reflected in items 1-9 above,'' would have been revised to
explicitly state that last-of-layer FVHBAs associated with the loans
reported in Schedule HC-C, should be included in this item. In
addition, the Board proposed to rename existing item 7 for Schedule HC-
B, ``Investments in mutual funds and other equity securities with
readily determinable fair values,'' to ``Unallocated last-of-layer fair
value hedge basis adjustments.'' Holding companies would have reported
amounts for last-of-layer FVHBAs on AFS debt securities only in item 7,
column C, ``Available-for-sale: Amortized Cost''.
However, the FASB had not adopted the expected expansion of last-
of-layer hedging by January 2021, when the Board approved the other
revisions to the FR Y-9 reports that had been proposed in the October
2020 notice. Therefore, the Board did not adopt the proposed revisions
relating to last-of-layer hedging in the January 2021 notice and
instead noted that it would consider whether to finalize the proposed
revisions when the FASB adopted a final standard.
On March 28, 2022, the FASB issued ASU 2022-01, to implement last-
of-layer hedging.\14\ The ASU is considered to be a modification of
U.S. GAAP. This ASU expands the current single-layer method and allows
for multiple hedged layers of a single closed portfolio, as anticipated
by the October 2020 notice. Additionally, ASU 2022-01:
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\14\ ASU 2022-01--Derivatives and Hedging (Topic 815): Fair
Value Hedging--Portfolio Layer Method (fasb.org).
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Expands the scope of the portfolio layer method from
prepayable assets to also include nonprepayable assets;
Specifies eligible hedging instruments in a single-layer
hedge;
Provides additional guidance on the accounting for and
disclosure of FVHBA under the portfolio layer method; and
Specifies how hedge basis adjustments should be considered
when determining credit losses for the assets included in the closed
portfolio.
The ASU 2022-01 applies to all entities that elect to apply the
portfolio layer method of hedge accounting. For public business
entities, this ASU is effective for fiscal years beginning after
December 15, 2022, and interim periods within those fiscal years. For
all other entities, the ASU is effective for fiscal years beginning
after December 15, 2023, and interim periods within those fiscal years.
Early adoption is permitted.
In light of the issuance of ASU 2022-01 by the FASB, the Board has
adopted the revisions to the FR Y-9C related to the expansion of last-
of-layer hedging proposed in October 2020, with certain modifications
to account for the specific content of ASU 2022-01. Specifically, the
Board has renamed HC-B, line item 7 to ``Unallocated portfolio layer
fair value hedge basis adjustments'' instead of '' Unallocated last-of-
layer fair value hedge basis adjustments'' to align with the scope of
ASU 2022-01. Additionally, the Board is updating the FR Y-9C
instructions for Schedules HC-B, Securities, and HC-C, Loans and
Leases, to fully align with U.S. GAAP as detailed in ASU 2022-01.
Board of Governors of the Federal Reserve System, September 1,
2022.
Michele Taylor Fennell,
Deputy Associate Secretary of the Board.
[FR Doc. 2022-19324 Filed 9-7-22; 8:45 am]
BILLING CODE 6210-01-P