Proposed Agency Information Collection Activities; Comment Request, 62364-62366 [2023-19475]

Download as PDF 62364 Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Notices of a U.S. person constitute less than 10 percent of the total number of trust or fiduciary accounts of the foreign branch. Under section 218.723(c)(2)(ii) of Regulation R, a bank will be deemed to have reasonable cause to believe that a trust or fiduciary account of a foreign branch of the bank is not held by or for the benefit of a U.S. person if, among other things, the records of the foreign branch indicate that the accountholder(s) and beneficiary(ies) of the account is not a U.S. person. In order to receive the benefits of this provision the foreign branch must keep such records while the account(s) at issue are open, so that supervisors can monitor compliance. The Board has not estimated additional burden for this provision because it expects that records about whether accountholders and beneficiaries are U.S. persons would be compiled and maintained by banks in the normal course of their activities. Frequency: Event-generated. Respondents: Banks, as defined in the Exchange Act, that qualify for the exemptions from the Exchange Act definition of broker. Total estimated number of respondents: 3,185. Total estimated change in burden: 0. Total estimated annual burden hours: 62,709.1 Board of Governors of the Federal Reserve System, September 5, 2023. Michele Taylor Fennell, Deputy Associate Secretary of the Board. [FR Doc. 2023–19477 Filed 9–8–23; 8:45 am] BILLING CODE 6210–01–P FEDERAL RESERVE SYSTEM Proposed Agency Information Collection Activities; Comment Request Board of Governors of the Federal Reserve System. ACTION: Notice, request for comment. AGENCY: The Board of Governors of the Federal Reserve System (Board) invites comment on a proposal to extend for three years, with revision, the SingleCounterparty Credit Limits (FR 2590; OMB No. 7100–0377). DATES: Comments must be submitted on or before November 13, 2023. ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: 1 More detailed information regarding this collection, including more detailed burden estimates, can be found in the OMB Supporting Statement posted at https://www.federalreserve.gov/ apps/reportingforms/home/review. On the page displayed at the link, you can find the OMB Supporting Statement by referencing the collection identifier, FR R. VerDate Sep<11>2014 17:10 Sep 08, 2023 Jkt 259001 You may submit comments, identified by FR 2590, by any of the following methods: • Agency Website: https:// www.federalreserve.gov/. Follow the instructions for submitting comments at https://www.federalreserve.gov/apps/ foia/proposedregs.aspx. • Email: regs.comments@ federalreserve.gov. Include the OMB number or FR number in the subject line of the message. • Fax: (202) 452–3819 or (202) 452– 3102. • Mail: Federal Reserve Board of Governors, Attn: Ann E. Misback, Secretary of the Board, Mailstop M– 4775, 2001 C St. NW, Washington, DC 20551. All public comments are available from the Board’s website at https:// www.federalreserve.gov/apps/foia/ proposedregs.aspx as submitted, unless modified for technical reasons or to remove personally identifiable information at the commenter’s request. Accordingly, comments will not be edited to remove any confidential business information, identifying information, or contact information. Public comments may also be viewed electronically or in paper in Room M– 4365A, 2001 C St. NW, Washington, DC 20551, between 9:00 a.m. and 5:00 p.m. on weekdays, except for Federal holidays. For security reasons, the Board requires that visitors make an appointment to inspect comments. You may do so by calling (202) 452–3684. Upon arrival, visitors will be required to present valid government-issued photo identification and to submit to security screening in order to inspect and photocopy comments. Additionally, commenters may send a copy of their comments to the Office of Management and Budget (OMB) Desk Officer 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. 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, nuha.elmaghrabi@frb.gov, (202) 452–3884. 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. In exercising ADDRESSES: PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 this delegated authority, the Board is directed to take every reasonable step to solicit comment. In determining whether to approve a collection of information, the Board will consider all comments received from the public and other agencies. During the comment period for this proposal, a copy of the proposed PRA OMB submission, including the draft reporting form and instructions, supporting statement (which contains more detail about the information collection and burden estimates than this notice), and other documentation, will be made available on the Board’s public website at https:// www.federalreserve.gov/apps/ reportingforms/home/review or may be requested from the agency clearance officer, whose name appears above. Final versions of these documents will be made available at https:// www.reginfo.gov/public/do/PRAMain, if approved. Request for Comment on Information Collection Proposal The Board invites public comment on the following information collection, which is being reviewed under authority delegated by the OMB under the PRA. Comments are invited on the following: a. Whether the proposed collection of information is necessary for the proper performance of the Board’s functions, including whether the information has practical utility; b. The accuracy of the Board’s estimate of the burden of the proposed information collection, including the validity of the methodology and assumptions used; c. Ways to enhance the quality, utility, and clarity of the information to be collected; d. Ways to minimize the burden of information collection on respondents, including through the use of automated collection techniques or other forms of information technology; and e. Estimates of capital or startup costs and costs of operation, maintenance, and purchase of services to provide information. At the end of the comment period, the comments and recommendations received will be analyzed to determine the extent to which the Board should modify the proposal. Proposal Under OMB Delegated Authority To Extend for Three Years, With Revision, the Following Information Collection Collection title: Single-Counterparty Credit Limits. Collection identifier: FR 2590. E:\FR\FM\11SEN1.SGM 11SEN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Notices OMB control number: 7100–0377. General description of collection: The FR 2590 was implemented in connection with the Board’s singlecounterparty credit limits rule (SCCL rule),1 codified in the Board’s Regulation YY—Enhanced Prudential Standards (12 CFR part 252) 2 and the Board’s Regulation LL—Savings and Loan Holding Companies (12 CFR part 238).3 The information collected by the FR 2590 reporting form allows the Board to monitor a covered company’s or a covered foreign entity’s compliance with the SCCL rule. A covered company is any U.S. bank holding company (BHC) that is subject to Category I, II, or III standards or any savings and loan holding company (SLHC) that is subject to Category II or III standards. A covered foreign entity is a foreign banking organization (FBO) that is subject to Category II or III standards or that has total global consolidated assets of $250 billion or more, and any U.S. intermediate holding company (IHC) that is subject to Category II or III standards. In addition to the reporting form, the FR 2590 information collection incorporates notice requirements pertaining to requests that may be made by a covered company or covered foreign entity to request temporary relief from specific requirements of the SCCL rule, as well as a requirement that filers of the FR 2590 reporting form retain an exact copy of each completed FR 2590. Proposed revisions: The Board proposes to make four clarifications and one revision to the FR 2590 form and instructions. The Board proposes to clarify that a respondent that is an FBO subject to a large exposure standard on a consolidated basis established by its home-country supervisor that is consistent with the framework established by the Basel Committee on Banking Supervision (BCBS) may simply report that on line 1 of the FR 2590 and is not required to submit additional documentation of compliance. This clarification is intended to confirm the intention expressed in the Federal Register notice for the final FR 2590 form, which states that ‘‘submission of the FR 2590 report with this [certification] box checked generally will be sufficient to meet the reporting requirement of the SCCL rule.’’ 4 The proposed revised 1 83 FR 38460 (August 6, 2018). See also 84 FR 59032 (November 1, 2019) (finalizing the SCCL rule for SLHCs). 2 See 12 CFR part 252, subparts H and Q. 3 See 12 CFR part 238, subpart Q. 4 84 FR 64070, 64071 (November 20, 2019). VerDate Sep<11>2014 17:10 Sep 08, 2023 Jkt 259001 instructions specify that a respondent may be required to provide additional information or reporting concerning its counterparty credit exposures upon written request by the Board, consistent with the SCCL rule. The Board further proposes to clarify that a respondent organization should use the tier 1 capital amount reported on the Consolidated Financial Statements for Holding Companies (FR Y–9C; OMB No. 7100–0128) or on the Capital and Asset Report for Foreign Banking Organization (FR Y–7Q; OMB No. 7100–0125) for the same reporting period as the FR 2590 form being submitted when calculating and reporting compliance with the SCCL rule (meaning that the FR 2590 form reporting compliance for Q1 of a given year should use the tier 1 capital amount reported by the firm on the FR Y–9C or FR Y–7Q for Q1 of that same year). Similarly, the amount included for the most recent quarter for calculating total consolidated assets on the FR Y–9C or FR Y–7Q should be that which is reported for the same reporting period as the FR 2590 form being submitted. To the extent that a firm’s tier 1 capital or total consolidated assets change significantly within a given quarter due to unplanned events (e.g., asset deterioration), the Board believes that it would be appropriate for a respondent organization to manage and to limit its net credit exposure to counterparties based on its actual tier 1 capital or assets, including, if necessary, by reducing net credit exposure to a specific counterparty. This would be consistent with the purpose of the SCCL rule, which is to limit the risks posed to covered companies by the failure of any individual firm.5 The Board also proposes to clarify that a respondent organization must maintain in their files a physical or electronic scanned copy of the manually signed and attested printout of the data being submitted for a period of three years after submission, with the signed cover page of the FR 2590 being sufficient to fulfill the signature and attestation requirement. This requirement is aligned with other regulatory reporting forms and is intended to ensure appropriate oversight and accountability regarding submitted data. Currently, FR 2590 respondents are required to maintain these records, but the instructions do not specify the duration of the recordkeeping requirement. The Board also proposes to clarify in the FR 2590 form that the order of 5 83 FR 38460, 38461 (August 6, 2018); see also 12 U.S.C. 5365(e)(1). PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 62365 counterparties should be the same across Schedules G–1 through G–4, M– 1 through M–2, and the Summary of Net Credit Exposures. The Board also proposes to revise Schedule M–1 of the FR 2590 to allow respondents calculating derivative transaction exposures using standardized approach for counterparty credit risk (SA–CCR) to report collateral received in connection with those derivative transactions in a new Table B. Table B would not be included in the respondent’s summary of net credit exposures. For valuing credit exposure resulting from derivative transactions, firms are authorized to use any method they would be authorized to use for purposes of calculating compliance with the Board’s risk-based capital requirements, including the internal models method (IMM), the current exposure method (CEM), or SA–CCR.6 Firms using either CEM or IMM are currently able to report accurate derivative exposures.7 Firms calculating derivative exposures under SA–CCR, however, have experienced difficulties under the FR 2590 and current instructions in reporting accurately their gross credit exposure, collateral, and net credit exposure because collateral is factored directly into the SA–CCR calculation and cannot truly be separated out into the elements specified on FR 2590.8 For example, a respondent reporting both its gross credit exposure as calculated using SA– CCR and collateral received as separate items would cause collateral to be double-counted when calculating its net credit exposures, resulting in artificially lower net credit exposures with respect to the SCCL rule. To avoid this doublecounting, some respondents chose to not report collateral in such cases. Because of the importance of collateral as a risk mitigant, especially in exiting defaulted positions, the Board proposes creating a new table (Table B) in Schedule M–1 to allow respondents calculating derivative transaction exposures using SA–CCR to accurately report their exposure and collateral in connection with those derivative 6 Note that only advanced approaches firms may request to use internal models. See 12 CFR 217, subpart E. 7 Firms using IMM use two dedicated columns on Schedule G–4. A firm using CEM would report the gross credit exposure of derivative netting sets (precollateral exposure at default) on Schedule G–4, report collateral on Schedule M–1, report net credit exposures by deducting the collateral reported on Schedules M–1 from the gross credit exposures in Schedule G–4, and report risk-shifted exposures on Schedule G–5 for the adjusted market value of noncash collateral. 8 Under SA–CCR, collateral is included in both the recovery cost and the potential future exposure. See 12 CFR 217, subpart D. E:\FR\FM\11SEN1.SGM 11SEN1 62366 Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Notices transactions. This information is consistent with other information requested by FR 2590 and is not readily available through other regulatory reporting forms. Frequency: Quarterly, eventgenerated. Respondents: U.S. BHCs that are subject to Category I, II, or III standards, FBOs that are subject to Category II or III standards or that have total global consolidated assets of $250 billion or more, and SLHCs and U.S. IHCs that are subject to Category II or III standards. Total estimated number of respondents: 83. Estimated average hours per response: Reporting FR 2590 Form: 170.56. Reporting Requests for temporary relief: 10. Recordkeeping: 0.25. Total estimated change in burden: 0. Total estimated annual burden hours: 56,719.9 Board of Governors of the Federal Reserve System, September 5, 2023. Michele Taylor Fennell, Deputy Associate Secretary of the Board. [FR Doc. 2023–19475 Filed 9–8–23; 8:45 am] BILLING CODE 6210–01–P FEDERAL RESERVE SYSTEM Proposed Agency Information Collection Activities; Comment Request Board of Governors of the Federal Reserve System. ACTION: Notice, request for comment. AGENCY: The Board of Governors of the Federal Reserve System (Board) invites comment on a proposal to extend for three years, without revision, the Recordkeeping and Disclosure Requirements Associated with Regulation H (Securities Transactions by State Member Banks) (FR H–3; OMB No. 7100–0196). DATES: Comments must be submitted on or before November 13, 2023. ADDRESSES: You may submit comments, identified by FR H–3, by any of the following methods: • Agency Website: https:// www.federalreserve.gov/. Follow the instructions for submitting comments at https://www.federalreserve.gov/apps/ foia/proposedregs.aspx. ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: 9 More detailed information regarding this collection, including more detailed burden estimates, can be found in the OMB Supporting Statement posted at https://www.federalreserve.gov/ apps/reportingforms/home/review. On the page displayed at the link, you can find the OMB Supporting Statement by referencing the collection identifier, FR 2590. VerDate Sep<11>2014 17:10 Sep 08, 2023 Jkt 259001 • Email: regs.comments@ federalreserve.gov. Include the OMB number or FR number in the subject line of the message. • Fax: (202) 452–3819 or (202) 452– 3102. • Mail: Federal Reserve Board of Governors, Attn: Ann E. Misback, Secretary of the Board, Mailstop M– 4775, 2001 C St. NW, Washington, DC 20551. All public comments are available from the Board’s website at https:// www.federalreserve.gov/apps/foia/ proposedregs.aspx as submitted, unless modified for technical reasons or to remove personally identifiable information at the commenter’s request. Accordingly, comments will not be edited to remove any confidential business information, identifying information, or contact information. Public comments may also be viewed electronically or in paper in Room M– 4365A, 2001 C St. NW, Washington, DC 20551, between 9:00 a.m. and 5:00 p.m. on weekdays, except for Federal holidays. For security reasons, the Board requires that visitors make an appointment to inspect comments. You may do so by calling (202) 452–3684. Upon arrival, visitors will be required to present valid government-issued photo identification and to submit to security screening in order to inspect and photocopy comments. Additionally, commenters may send a copy of their comments to the Office of Management and Budget (OMB) Desk Officer 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. 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, nuha.elmaghrabi@frb.gov, (202) 452–3884. 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. In exercising this delegated authority, the Board is directed to take every reasonable step to solicit comment. In determining whether to approve a collection of information, the Board will consider all comments received from the public and other agencies. PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 During the comment period for this proposal, a copy of the proposed PRA OMB submission, including the draft reporting form and instructions, supporting statement (which contains more detail about the information collection and burden estimates than this notice), and other documentation, will be made available on the Board’s public website at https:// www.federalreserve.gov/apps/ reportingforms/home/review or may be requested from the agency clearance officer, whose name appears above. Final versions of these documents will be made available at https:// www.reginfo.gov/public/do/PRAMain, if approved. Request for Comment on Information Collection Proposal The Board invites public comment on the following information collection, which is being reviewed under authority delegated by the OMB under the PRA. Comments are invited on the following: a. Whether the proposed collection of information is necessary for the proper performance of the Board’s functions, including whether the information has practical utility; b. The accuracy of the Board’s estimate of the burden of the proposed information collection, including the validity of the methodology and assumptions used; c. Ways to enhance the quality, utility, and clarity of the information to be collected; d. Ways to minimize the burden of information collection on respondents, including through the use of automated collection techniques or other forms of information technology; and e. Estimates of capital or startup costs and costs of operation, maintenance, and purchase of services to provide information. At the end of the comment period, the comments and recommendations received will be analyzed to determine the extent to which the Board should modify the proposal. Proposal Under OMB Delegated Authority To Extend for Three Years, Without Revision, the Following Information Collection Collection title: Recordkeeping and Disclosure Requirements Associated with Regulation H (Securities Transactions by State Member Banks). Collection identifier: FR H–3. OMB control number: 7100–0196. General description of collection: Section 15C of the Securities Exchange Act of 1934 (the Act), establishes federal regulation of brokers and dealers of E:\FR\FM\11SEN1.SGM 11SEN1

Agencies

[Federal Register Volume 88, Number 174 (Monday, September 11, 2023)]
[Notices]
[Pages 62364-62366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19475]


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FEDERAL RESERVE SYSTEM


Proposed Agency Information Collection Activities; Comment 
Request

AGENCY: Board of Governors of the Federal Reserve System.

ACTION: Notice, request for comment.

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

SUMMARY: The Board of Governors of the Federal Reserve System (Board) 
invites comment on a proposal to extend for three years, with revision, 
the Single-Counterparty Credit Limits (FR 2590; OMB No. 7100-0377).

DATES: Comments must be submitted on or before November 13, 2023.

ADDRESSES: You may submit comments, identified by FR 2590, by any of 
the following methods:
     Agency Website: https://www.federalreserve.gov/. Follow 
the instructions for submitting comments at https://www.federalreserve.gov/apps/foia/proposedregs.aspx.
     Email: [email protected]. Include the OMB 
number or FR number in the subject line of the message.
     Fax: (202) 452-3819 or (202) 452-3102.
     Mail: Federal Reserve Board of Governors, Attn: Ann E. 
Misback, Secretary of the Board, Mailstop M-4775, 2001 C St. NW, 
Washington, DC 20551.
    All public comments are available from the Board's website at 
https://www.federalreserve.gov/apps/foia/proposedregs.aspx as 
submitted, unless modified for technical reasons or to remove 
personally identifiable information at the commenter's request. 
Accordingly, comments will not be edited to remove any confidential 
business information, identifying information, or contact information. 
Public comments may also be viewed electronically or in paper in Room 
M-4365A, 2001 C St. NW, Washington, DC 20551, between 9:00 a.m. and 
5:00 p.m. on weekdays, except for Federal holidays. For security 
reasons, the Board requires that visitors make an appointment to 
inspect comments. You may do so by calling (202) 452-3684. Upon 
arrival, visitors will be required to present valid government-issued 
photo identification and to submit to security screening in order to 
inspect and photocopy comments.
    Additionally, commenters may send a copy of their comments to the 
Office of Management and Budget (OMB) Desk Officer 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.

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, [email protected], (202) 
452-3884.

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. In exercising this delegated authority, the 
Board is directed to take every reasonable step to solicit comment. In 
determining whether to approve a collection of information, the Board 
will consider all comments received from the public and other agencies.
    During the comment period for this proposal, a copy of the proposed 
PRA OMB submission, including the draft reporting form and 
instructions, supporting statement (which contains more detail about 
the information collection and burden estimates than this notice), and 
other documentation, will be made available on the Board's public 
website at https://www.federalreserve.gov/apps/reportingforms/home/review or may be requested from the agency clearance officer, whose 
name appears above. Final versions of these documents will be made 
available at https://www.reginfo.gov/public/do/PRAMain, if approved.

Request for Comment on Information Collection Proposal

    The Board invites public comment on the following information 
collection, which is being reviewed under authority delegated by the 
OMB under the PRA. Comments are invited on the following:
    a. Whether the proposed collection of information is necessary for 
the proper performance of the Board's functions, including whether the 
information has practical utility;
    b. The accuracy of the Board's estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    c. Ways to enhance the quality, utility, and clarity of the 
information to be collected;
    d. Ways to minimize the burden of information collection on 
respondents, including through the use of automated collection 
techniques or other forms of information technology; and
    e. Estimates of capital or startup costs and costs of operation, 
maintenance, and purchase of services to provide information.
    At the end of the comment period, the comments and recommendations 
received will be analyzed to determine the extent to which the Board 
should modify the proposal.

Proposal Under OMB Delegated Authority To Extend for Three Years, With 
Revision, the Following Information Collection

    Collection title: Single-Counterparty Credit Limits.
    Collection identifier: FR 2590.

[[Page 62365]]

    OMB control number: 7100-0377.
    General description of collection: The FR 2590 was implemented in 
connection with the Board's single-counterparty credit limits rule 
(SCCL rule),\1\ codified in the Board's Regulation YY--Enhanced 
Prudential Standards (12 CFR part 252) \2\ and the Board's Regulation 
LL--Savings and Loan Holding Companies (12 CFR part 238).\3\
---------------------------------------------------------------------------

    \1\ 83 FR 38460 (August 6, 2018). See also 84 FR 59032 (November 
1, 2019) (finalizing the SCCL rule for SLHCs).
    \2\ See 12 CFR part 252, subparts H and Q.
    \3\ See 12 CFR part 238, subpart Q.
---------------------------------------------------------------------------

    The information collected by the FR 2590 reporting form allows the 
Board to monitor a covered company's or a covered foreign entity's 
compliance with the SCCL rule. A covered company is any U.S. bank 
holding company (BHC) that is subject to Category I, II, or III 
standards or any savings and loan holding company (SLHC) that is 
subject to Category II or III standards. A covered foreign entity is a 
foreign banking organization (FBO) that is subject to Category II or 
III standards or that has total global consolidated assets of $250 
billion or more, and any U.S. intermediate holding company (IHC) that 
is subject to Category II or III standards. In addition to the 
reporting form, the FR 2590 information collection incorporates notice 
requirements pertaining to requests that may be made by a covered 
company or covered foreign entity to request temporary relief from 
specific requirements of the SCCL rule, as well as a requirement that 
filers of the FR 2590 reporting form retain an exact copy of each 
completed FR 2590.
    Proposed revisions: The Board proposes to make four clarifications 
and one revision to the FR 2590 form and instructions. The Board 
proposes to clarify that a respondent that is an FBO subject to a large 
exposure standard on a consolidated basis established by its home-
country supervisor that is consistent with the framework established by 
the Basel Committee on Banking Supervision (BCBS) may simply report 
that on line 1 of the FR 2590 and is not required to submit additional 
documentation of compliance. This clarification is intended to confirm 
the intention expressed in the Federal Register notice for the final FR 
2590 form, which states that ``submission of the FR 2590 report with 
this [certification] box checked generally will be sufficient to meet 
the reporting requirement of the SCCL rule.'' \4\ The proposed revised 
instructions specify that a respondent may be required to provide 
additional information or reporting concerning its counterparty credit 
exposures upon written request by the Board, consistent with the SCCL 
rule.
---------------------------------------------------------------------------

    \4\ 84 FR 64070, 64071 (November 20, 2019).
---------------------------------------------------------------------------

    The Board further proposes to clarify that a respondent 
organization should use the tier 1 capital amount reported on the 
Consolidated Financial Statements for Holding Companies (FR Y-9C; OMB 
No. 7100-0128) or on the Capital and Asset Report for Foreign Banking 
Organization (FR Y-7Q; OMB No. 7100-0125) for the same reporting period 
as the FR 2590 form being submitted when calculating and reporting 
compliance with the SCCL rule (meaning that the FR 2590 form reporting 
compliance for Q1 of a given year should use the tier 1 capital amount 
reported by the firm on the FR Y-9C or FR Y-7Q for Q1 of that same 
year). Similarly, the amount included for the most recent quarter for 
calculating total consolidated assets on the FR Y-9C or FR Y-7Q should 
be that which is reported for the same reporting period as the FR 2590 
form being submitted. To the extent that a firm's tier 1 capital or 
total consolidated assets change significantly within a given quarter 
due to unplanned events (e.g., asset deterioration), the Board believes 
that it would be appropriate for a respondent organization to manage 
and to limit its net credit exposure to counterparties based on its 
actual tier 1 capital or assets, including, if necessary, by reducing 
net credit exposure to a specific counterparty. This would be 
consistent with the purpose of the SCCL rule, which is to limit the 
risks posed to covered companies by the failure of any individual 
firm.\5\
---------------------------------------------------------------------------

    \5\ 83 FR 38460, 38461 (August 6, 2018); see also 12 U.S.C. 
5365(e)(1).
---------------------------------------------------------------------------

    The Board also proposes to clarify that a respondent organization 
must maintain in their files a physical or electronic scanned copy of 
the manually signed and attested printout of the data being submitted 
for a period of three years after submission, with the signed cover 
page of the FR 2590 being sufficient to fulfill the signature and 
attestation requirement. This requirement is aligned with other 
regulatory reporting forms and is intended to ensure appropriate 
oversight and accountability regarding submitted data. Currently, FR 
2590 respondents are required to maintain these records, but the 
instructions do not specify the duration of the recordkeeping 
requirement.
    The Board also proposes to clarify in the FR 2590 form that the 
order of counterparties should be the same across Schedules G-1 through 
G-4, M-1 through M-2, and the Summary of Net Credit Exposures.
    The Board also proposes to revise Schedule M-1 of the FR 2590 to 
allow respondents calculating derivative transaction exposures using 
standardized approach for counterparty credit risk (SA-CCR) to report 
collateral received in connection with those derivative transactions in 
a new Table B. Table B would not be included in the respondent's 
summary of net credit exposures. For valuing credit exposure resulting 
from derivative transactions, firms are authorized to use any method 
they would be authorized to use for purposes of calculating compliance 
with the Board's risk-based capital requirements, including the 
internal models method (IMM), the current exposure method (CEM), or SA-
CCR.\6\ Firms using either CEM or IMM are currently able to report 
accurate derivative exposures.\7\ Firms calculating derivative 
exposures under SA-CCR, however, have experienced difficulties under 
the FR 2590 and current instructions in reporting accurately their 
gross credit exposure, collateral, and net credit exposure because 
collateral is factored directly into the SA-CCR calculation and cannot 
truly be separated out into the elements specified on FR 2590.\8\ For 
example, a respondent reporting both its gross credit exposure as 
calculated using SA-CCR and collateral received as separate items would 
cause collateral to be double-counted when calculating its net credit 
exposures, resulting in artificially lower net credit exposures with 
respect to the SCCL rule. To avoid this double-counting, some 
respondents chose to not report collateral in such cases.
---------------------------------------------------------------------------

    \6\ Note that only advanced approaches firms may request to use 
internal models. See 12 CFR 217, subpart E.
    \7\ Firms using IMM use two dedicated columns on Schedule G-4. A 
firm using CEM would report the gross credit exposure of derivative 
netting sets (pre-collateral exposure at default) on Schedule G-4, 
report collateral on Schedule M-1, report net credit exposures by 
deducting the collateral reported on Schedules M-1 from the gross 
credit exposures in Schedule G-4, and report risk-shifted exposures 
on Schedule G-5 for the adjusted market value of non-cash 
collateral.
    \8\ Under SA-CCR, collateral is included in both the recovery 
cost and the potential future exposure. See 12 CFR 217, subpart D.
---------------------------------------------------------------------------

    Because of the importance of collateral as a risk mitigant, 
especially in exiting defaulted positions, the Board proposes creating 
a new table (Table B) in Schedule M-1 to allow respondents calculating 
derivative transaction exposures using SA-CCR to accurately report 
their exposure and collateral in connection with those derivative

[[Page 62366]]

transactions. This information is consistent with other information 
requested by FR 2590 and is not readily available through other 
regulatory reporting forms.
    Frequency: Quarterly, event-generated.
    Respondents: U.S. BHCs that are subject to Category I, II, or III 
standards, FBOs that are subject to Category II or III standards or 
that have total global consolidated assets of $250 billion or more, and 
SLHCs and U.S. IHCs that are subject to Category II or III standards.
    Total estimated number of respondents: 83.
    Estimated average hours per response:
    Reporting FR 2590 Form: 170.56.
    Reporting Requests for temporary relief: 10.
    Recordkeeping: 0.25.
    Total estimated change in burden: 0.
    Total estimated annual burden hours: 56,719.\9\
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    \9\ More detailed information regarding this collection, 
including more detailed burden estimates, can be found in the OMB 
Supporting Statement posted at https://www.federalreserve.gov/apps/reportingforms/home/review. On the page displayed at the link, you 
can find the OMB Supporting Statement by referencing the collection 
identifier, FR 2590.

    Board of Governors of the Federal Reserve System, September 5, 
2023.
Michele Taylor Fennell,
Deputy Associate Secretary of the Board.
[FR Doc. 2023-19475 Filed 9-8-23; 8:45 am]
BILLING CODE 6210-01-P
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