Request for Information on Deposits, 63946-63953 [2024-17298]

Download as PDF 63946 Federal Register / Vol. 89, No. 151 / Tuesday, August 6, 2024 / Notices Chairwoman may hold a news conference in which she will take questions from credentialed members of the press in attendance. Also, senior policy and legal staff will be made available to the press in attendance for questions related to the items on the meeting agenda. Commissioners may also choose to hold press conferences. Press may also direct questions to the Office of Media Relations (OMR): MediaRelations@fcc.gov. Questions about credentialing should be directed to OMR. Additional information concerning this meeting may be obtained from the Office of Media Relations, (202) 418– 0500. Audio/Video coverage of the meeting will be broadcast live with open captioning over the internet from the FCC Live web page at www.fcc.gov/ live. BILLING CODE 6712–01–P Dated this the 2nd day of August, 2024. Federal Deposit Insurance Corporation. James P. Sheesley, Assistant Executive Secretary. [FR Doc. 2024–17438 Filed 8–2–24; 4:15 pm] BILLING CODE 6714–01–P FEDERAL DEPOSIT INSURANCE CORPORATION RIN 3064–ZA42 Request for Information on Deposits The Federal Deposit Insurance Corporation (FDIC) is soliciting comments from interested parties on deposit data that is not currently reported in the Federal Financial Institutions Examination Council’s (FFIEC) Consolidated Reports of Condition and Income (Call Report) or other regulatory reports, including for uninsured deposits. The FDIC seeks information on the characteristics that affect the stability and franchise value of different types of deposits and whether more detailed or more frequent reporting on these characteristics or types of deposits could enhance offsite risk and liquidity monitoring, inform analysis of the benefits and costs associated with additional deposit insurance coverage for certain types of deposits, improve risk sensitivity in deposit insurance pricing, and provide analysts and the general public with accurate and transparent data. DATES: Comments must be received on or before October 7, 2024. ADDRESSES: Interested parties are invited to submit written comments, identified by RIN 3064–ZA42, by any of the following methods: • Agency Website: https:// www.fdic.gov/resources/regulations/ federal-register-publications/. Follow the instructions for submitting comments on the agency website. • Email: comments@fdic.gov. Include RIN 3064–ZA42 in the subject line of the message. • Mail: James P. Sheesley, Assistant Executive Secretary, Attention: Comments—RIN 3064–ZA42, Federal SUMMARY: FEDERAL DEPOSIT INSURANCE CORPORATION Sunshine Act Meetings 8:04 a.m. on Friday, August 2, 2024. PLACE: The meeting was held in the Board Room located on the sixth floor of the FDIC Building located at 550 17th Street NW, Washington, DC. STATUS: Closed. MATTERS TO BE CONSIDERED: The Board of Directors of the Federal Deposit Insurance Corporation met to consider matters related to the Corporation’s corporate activities. In calling the meeting, the Board determined, on motion of Director Jonathan McKernan, seconded by Director Michael J. Hsu (Acting Comptroller of the Currency), by the unanimous vote of Chairman Martin J. Gruenberg, Vice Chairman Travis Hill, Director Jonathan McKernan, Director Michael J. Hsu (Acting Comptroller of the Currency), and Director Rohit Chopra (Director, Consumer Financial Protection Bureau), that Corporation business required its consideration of the matters which were to be the subject of this meeting on less than seven days’ notice to the public; that no earlier notice of the meeting was practicable; that the public interest did not require consideration of the matters in a meeting open to public observation; and that the matters could be considered in a closed meeting by authority of subsections (c)(2), (c)(4), and (c)(6), of TIME AND DATE: ddrumheller on DSK120RN23PROD with NOTICES1 Requests for further information concerning the meeting may be directed to Debra A. Decker, Executive Secretary of the Corporation, at 202–898–8748. Federal Deposit Insurance Corporation. ACTION: Request for information and comment. [FR Doc. 2024–17344 Filed 8–5–24; 8:45 am] 17:40 Aug 05, 2024 CONTACT PERSON FOR MORE INFORMATION: AGENCY: Federal Communications Commission. Katura Jackson, Federal Register Liaison Officer. VerDate Sep<11>2014 the ‘‘Government in the Sunshine Act’’ (5 U.S.C. 552b(c)(2), (c)(4), and(c)(6)). Jkt 262001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 Deposit Insurance Corporation, 550 17th Street NW, Washington, DC 20429. • Hand Delivery: Comments may be hand delivered to the guard station at the rear of the 550 17th Street NW building (located on F Street NW) on business days between 7:00 a.m. and 5:00 p.m. • Public Inspection: Comments received, including any personal information provided, may be posted without change to https://www.fdic.gov/ resources/regulations/federal-registerpublications/. Commenters should submit only information that the commenter wishes to make available publicly. The FDIC may review, redact, or refrain from posting all or any portion of any comment that it may deem to be inappropriate for publication, such as irrelevant or obscene material. The FDIC may post only a single representative example of identical or substantially identical comments, and in such cases will generally identify the number of identical or substantially identical comments represented by the posted example. All comments that have been redacted, as well as those that have not been posted, that contain comments on the merits of this document will be retained in the public comment file and will be considered as required under all applicable laws. All comments may be accessible under the Freedom of Information Act. FOR FURTHER INFORMATION CONTACT: Division of Insurance and Research: Ashley Mihalik, Associate Director, Financial Risk Management, 202–898– 3793, amihalik@fdic.gov; Kayla Shoemaker, Chief, Banking and Regulatory Policy, 202–898–6962, kashoemaker@fdic.gov; Legal Division: Sheikha Kapoor, Assistant General Counsel, 202–898–3960, skapoor@ fdic.gov; Vivek Khare, Senior Counsel, 202–898–6847; or Ryan McCarthy, Counsel, 202–898–7301, rymccarthy@ fdic.gov. SUPPLEMENTARY INFORMATION: I. Policy Objectives The bank failures that occurred in March 2023 and subsequent events renewed focus by financial regulatory agencies, banks, investors, and the public on deposit insurance coverage, bank funding concentrations, and certain banks’ reliance on uninsured deposits. While banks are required to provide certain data on deposit liabilities on the Call Report,1 they do 1 The ‘‘Call Report’’ consists of the Consolidated Reports of Condition and Income for a Bank with Domestic and Foreign Offices (FFIEC 031), the Consolidated Reports of Condition and Income for a Bank with Domestic Offices Only (FFIEC 041), E:\FR\FM\06AUN1.SGM 06AUN1 Federal Register / Vol. 89, No. 151 / Tuesday, August 6, 2024 / Notices not report comprehensive data on the composition of insured and uninsured deposits.2 Through this request for information, the FDIC is seeking to further evaluate whether and to what extent certain types of deposits may behave differently from each other, particularly during periods of economic or financial stress. Specifically, the FDIC is soliciting comments on deposit data that is not currently reported in the Call Report or other regulatory reports, including for uninsured deposits, to gather information on the characteristics that affect the stability and franchise value of different types of deposits and whether more detailed or more frequent reporting on these characteristics or types of deposits could enhance offsite risk and liquidity monitoring; inform analysis of the benefits and costs associated with additional deposit insurance coverage for certain types of deposits; improve risk sensitivity in deposit insurance pricing; and provide analysts and the general public with accurate and transparent data. II. Background Information ddrumheller on DSK120RN23PROD with NOTICES1 A. The Events of March 2023 and the Role of Deposit Information in Offsite Risk and Liquidity Monitoring In March 2023, runs of uninsured deposits contributed to the failures of Silicon Valley Bank and Signature Bank, respectively the second and third largest bank failures in the FDIC’s history at the time, and the subsequent failure of First Republic Bank on May 1, 2023. These runs were exacerbated by each bank’s high reliance on uninsured deposit funding and concentrations in the depositor base, among other factors.3 and the Consolidated Reports of Condition and Income for a Bank with Domestic Offices Only and Total Assets Less than $5 Billion (FFIEC 051). U.S. branches and agencies of foreign banks file the Report of Assets and Liabilities of U.S. Branches and Agencies of Foreign Banks (FFIEC 002). FFIEC 002 filers report many of the same deposit liabilities items as Call Report filers, including estimated uninsured deposits, preferred deposits, transaction accounts, and nontransaction accounts. 2 The appendix to this document details relevant information on deposit liabilities available from the Call Report and other regulatory reports. 3 See Material Loss Review of Silicon Valley Bank, Office of the Inspector General of the Board of Governors of the Federal Reserve System and the Consumer Financial Protection Bureau, 2023–SR– B–013, September 25, 2023. Available at: https:// oig.federalreserve.gov/reports/board-material-lossreview-silicon-valley-bank-sep2023.pdf. See also Material Loss Review of Signature Bank of New York, Office of the Inspector General of the Federal Deposit Insurance Corporation, EVAL–24–02, October 2023. Available at: https:// www.fdicoig.gov/sites/default/files/reports/2023-12/ EVAL-24-02.pdf. See also Material Loss Review of First Republic Bank, Office of the Inspector General of the Federal Deposit Insurance Corporation, EVAL–24–03, November 2023. Available at: https:// VerDate Sep<11>2014 17:40 Aug 05, 2024 Jkt 262001 The failures of these institutions and subsequent events prompted a renewed focus by regulators, banks, investors, and the public on deposit insurance, funding concentrations, and reliance on uninsured deposits. A bank’s liability structure can reflect its risk-taking behavior, and information about an institution’s funding base is important in evaluating liquidity risk and interest rate risk. As demonstrated during the spring 2023 bank failures, deposit data are also important for monitoring liquidity. The experience in spring 2023 demonstrated that depositors may be able to move funds extremely quickly in the event of a bank’s deteriorating condition or negative media attention. Silicon Valley Bank had an extremely high level of uninsured deposits and the bank’s management and board of directors overestimated the stability of the deposit base.4 The deposit withdrawals happened quickly after clients began to speculate about the bank’s solvency on various social media platforms.5 This demonstrates that the ubiquity of new technologies, such as social media and mobile banking, may mean that potential future bank runs and potential contagion effects happen at an accelerated pace. Deposit data are also important for receivership purposes, as the presence of deposit insurance coverage has direct implications for the costs associated with the resolution of a failed institution. The FDIC has issued regulations applicable to certain large banks to facilitate its ability to make timely deposit insurance determinations in the event of failure.6 Providing insured depositors access to their funds may require the completion of an insurance determination, which involves the FDIC obtaining and analyzing depositor and account data to determine deposit account ownership www.fdicoig.gov/sites/default/files/reports/2023-12/ EVAL-24-03.pdf. 4 See Material Loss Review of Silicon Valley Bank, Office of the Inspector General of the Board of Governors of the Federal Reserve System and the Consumer Financial Protection Bureau, 2023–SR– B–013, September 25, 2023. Available at: https:// oig.federalreserve.gov/reports/board-material-lossreview-silicon-valley-bank-sep2023.pdf. 5 Ibid. Another account of the events is that the genesis of the run on Silicon Valley Bank was private communications among a networked group of sophisticated investors. See, e.g., Financial Times, ‘‘Y2K23’s Y2K Moment: Blaming the internet for Bank Runs,’’ February 5, 2024. Available at: https://www.ft.com/content/74a7ec7ccd7e-4e69-8af0-21dead706855. 6 See 12 CFR 360.9 (Large-Bank Deposit Insurance Determination Modernization) and 12 CFR part 370 (Recordkeeping for Timely Deposit Insurance Determination). PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 63947 type and the appropriate insurance status. The Material Loss Reviews conducted following the failures of Silicon Valley Bank, Signature Bank, and First Republic Bank provide support for enhanced monitoring of uninsured deposit levels and concentrations. The recommendations resulting from the Material Loss Reviews include monitoring and evaluation of rapid growth and concentrations, including growth and concentrations of uninsured deposits, in total, and from specific depositors or depositors in specific industries.7 The Material Loss Reviews for Signature Bank and First Republic Bank specifically recommend an evaluation of whether updates to examination guidance are needed in the areas of stability of deposits, including large and long-term uninsured depositor relationships, and the velocity and magnitude of potential deposit outflows, including the supervision of liquidity stress testing. In addition, in the FDIC’s Supervision of First Republic Bank report, the FDIC’s Chief Risk Officer identified as a matter for further study, the need for enhanced examination guidance related to supervising banks that are overly reliant on uninsured deposit funding or have concentrations in uninsured deposits.8 Furthermore, the 2023 Annual Report of the Financial Stability Oversight Council (FSOC) noted that reviews of recent events yield lessons about the ways in which banking supervision and resolution preparedness could be enhanced, and suggested that more granular information on uninsured deposits could be helpful.9 Following these recommendations and matters for consideration, the FDIC updated the Risk Management Manual of Examination Policies (Manual) to 7 See Material Loss Review of Silicon Valley Bank, Office of the Inspector General of the Board of Governors of the Federal Reserve System and the Consumer Financial Protection Bureau, 2023–SR– B–013, September 25, 2023. Available at: https:// oig.federalreserve.gov/reports/board-material-lossreview-silicon-valley-bank-sep2023.pdf. See also Material Loss Review of Signature Bank of New York, Office of the Inspector General of the Federal Deposit Insurance Corporation, EVAL–24–02, October 2023. Available at: https:// www.fdicoig.gov/sites/default/files/reports/2023-12/ EVAL-24-02.pdf. See also Material Loss Review of First Republic Bank, Office of the Inspector General of the Federal Deposit Insurance Corporation, EVAL–24–03, November 2023. Available at: https:// www.fdicoig.gov/sites/default/files/reports/2023-12/ EVAL-24-03.pdf. 8 See FDIC’s Supervision of First Republic Bank, FDIC, September 8, 2023. Available at: https:// www.fdic.gov/news/press-releases/2023/ pr23073a.pdf. 9 Financial Stability Oversight Council 2023 Annual Report. Available at: https://home. treasury.gov/system/files/261/FSOC2023 AnnualReport.pdf. E:\FR\FM\06AUN1.SGM 06AUN1 63948 Federal Register / Vol. 89, No. 151 / Tuesday, August 6, 2024 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 provide additional guidance for assessing the stability of uninsured deposits and related concentration risk management practices.10 While banks are required to provide certain data on deposit liabilities on the Call Report, including on transaction and nontransaction deposit accounts and other deposit data described in the appendix to this document, Appendix: Relevant Information on Deposit Liabilities Available from the Call Report and other Regulatory Reports (appendix), they do not report comprehensive data on the composition of insured and uninsured deposits. Only banks with $1 billion or more in total consolidated assets report the estimated amount of uninsured deposits on the Call Report each quarter.11 On an annual basis, institutions also report a subset of uninsured deposits: preferred deposits, which are uninsured deposits of states and political subdivisions in the U.S. that are secured or collateralized as required under state law. Preferred deposits are the only component of uninsured deposits banks report separately on the Call Report and are the only type of collateralized deposits reported on the Call Report. Also as described in the appendix, while certain institutions report information on deposit liabilities through other information collections, reporting requirements for most of these data collections are limited to the largest institutions or a subset of all insured depository institutions (IDIs). In most cases, the granularity of the data collected on deposits in these reports may also be limited in informing the efforts herein. At the same time, the FDIC recognizes that different types of uninsured deposits may not necessarily behave the same way. For example, uninsured deposits that are secured by collateral generally do not have the same risk of loss as other types of uninsured deposits, although the presence of collateral may not fully mitigate run risk. Intercompany depositors also may have different incentives than unaffiliated depositors with respect to withdrawing funds. Because banks do not report these categories of uninsured deposits on the Call Report, the FDIC does not have historical data on banking industry trends for these types of 10 Available at: https://www.fdic.gov/resources/ supervision-and-examinations/examinationpolicies-manual/section6-1.pdf and https:// www.fdic.gov/resources/supervision-andexaminations/examination-policies-manual/ section16-1.pdf. 11 The $1 billion asset-size test is based on the total assets reported on the prior year’s Report of Condition as of June 30. VerDate Sep<11>2014 17:40 Aug 05, 2024 Jkt 262001 deposits, including how depositors for these different types of deposits would behave under conditions of economic or liquidity stress. Furthermore, other types of uninsured depositors may have various other characteristics that impact the stability and franchise value of the associated deposits. Given these observations and recommendations, the FDIC is seeking information on deposits, including how banks measure or evaluate the stability of different types of deposits and whether and how banks monitor collateralized or secured deposits, or intercompany deposits, such as deposits with affiliates and subsidiaries. B. Options for Deposit Insurance Reform Additional deposit data also would inform analysis of the benefits and costs associated with additional deposit insurance coverage for certain types of deposits. In May 2023, following the bank failures, the FDIC published a comprehensive review of deposit insurance, ‘‘Options for Deposit Insurance Reform’’ (the report), outlining three options to reform the nation’s deposit insurance system.12 The proposed options require an act of Congress. The report first discusses the events of March 2023, and then reviews the history of deposit insurance in the United States. It then discusses the objectives and possible consequences of deposit insurance, and tools that may be used to support the objectives and address possible consequences. The report examines three options for deposit insurance reform that range in their departure from the status quo: Limited Coverage, Unlimited Coverage, and Targeted Coverage. Limited Coverage would maintain the current structure of deposit insurance in which there is a finite deposit insurance limit that applies across depositors and types of accounts, while Unlimited Coverage would provide unlimited deposit insurance. As described in the report, Targeted Coverage would allow for different levels of deposit insurance coverage across different types of accounts, with a particular focus on higher coverage for business payment accounts. The report does not define precisely ‘‘business payment accounts’’ but suggests that they should reflect business accounts whose purpose is for payment services and not for investment. The report notes that although each option has strengths and weaknesses, Targeted Coverage captures 12 Options for Deposit Insurance Reform, FDIC, May 1, 2023. Available at: https://www.fdic.gov/ analysis/options-deposit-insurance-reforms/report/ options-deposit-insurance-reform-full.pdf. PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 many of the financial stability benefits of expanded coverage while mitigating many of the undesirable consequences. Targeted Coverage would provide substantial additional coverage to business payment accounts without extending similar insurance to all deposits, which the report suggests could yield large financial stability benefits relative to its costs. Extending deposit insurance to business payment accounts may have relatively large financial stability benefits, with fewer costs from moral hazard relative to increasing the limit for all accounts, as in the other options. Further, losses on business payment accounts are likely to have broader financial stability implications due to the spill-over to payroll, consumption, and other businesses. One challenge to establishing Targeted Coverage is deciding how broadly or narrowly to define the type of accounts eligible for expanded coverage. Further, additional data could inform efforts to establish a practical definition consistent with concepts discussed in the report. Each option for deposit insurance reform contemplated in the report could have implications for the Deposit Insurance Fund (DIF). Increases to the deposit insurance limit—whether they apply to all deposits on a limited or unlimited basis, or only apply to a targeted set of deposits—would imply the need for a larger DIF to maintain the same reserve ratio under the Federal Deposit Insurance Act (FDI Act), and may also have effects on bank risktaking and liability structure, and on depositor discipline. Limited information on the volume of deposits at alternative thresholds and on the volume of deposits that would be covered under Targeted Coverage makes it difficult to determine the impact on the DIF. To inform discussion around any potential increases in deposit insurance coverage, which would require an act of Congress, the FDIC is seeking comment on the options described in the FDIC’s May 2023 report. The FDIC is also seeking comment on the definition of ‘‘business payment accounts’’ and any burden or challenges associated with providing new deposit data items, such as ‘‘business payment accounts’’ or similar accounts linked to payroll, vendors, or operations. C. The Deposit Insurance Fund and Risk-Based Pricing Data on deposits inform the FDIC’s management of the DIF, which is used to insure deposits and protect the depositors of insured banks, and to resolve failed banks. A key measure in E:\FR\FM\06AUN1.SGM 06AUN1 Federal Register / Vol. 89, No. 151 / Tuesday, August 6, 2024 / Notices assessing the adequacy of the DIF is the reserve ratio, which is defined as the net worth of the DIF divided by insured deposits.13 Insured deposits are estimated based on banks’ reported estimates of uninsured deposits and total deposit liabilities, as defined by the FDI Act. The DIF is primarily funded by riskbased deposit insurance assessments. Deposit insurance introduces a degree of moral hazard as it removes incentives for insured depositors to monitor banks. Risk-based deposit insurance pricing that charges premiums commensurate with the risk assumed by banks can mitigate moral hazard.14 Risk-based pricing can also promote fairness, whereby banks that pose higher risk pay higher premiums; incentivize banks to take less risk; and mitigate crosssubsidization from lower-risk to higherrisk banks. The FDIC collects information, as appropriate, for purposes of determining risk of losses at IDIs and economic conditions generally affecting depository institutions.15 However, risk sensitivity in the deposit insurance assessment system could be improved with additional data.16 For example, liquidity risk measurement in a riskbased pricing system based on statistical analyses and historical failures is limited by the data available, as failures due to bank runs have occurred less frequently in recent decades than insolvency failures. Changes to riskbased pricing based on bank liability structure and interest rate risk could improve the risk sensitivity of the FDIC’s risk-based deposit insurance system, and could be enhanced with additional data. In an effort to better inform analysis of deposit balance trends, a factor that affects an important measure of DIF adequacy, and improve risk sensitivity in the deposit insurance assessment system, the FDIC is soliciting comments on how banks measure or evaluate the stability of different types of deposits, and, more generally, on what additional data, including more granular or more 13 12 U.S.C. 1813(y)(3). Options for Deposit Insurance Reform, FDIC, May 1, 2023, at 35. Available at: https:// www.fdic.gov/analysis/options-deposit-insurancereforms/report/options-deposit-insurance-reformfull.pdf. See also: Ehrlich and Becker (1972), Demirgüç-Kunt and Detragiache (2002), Hovakimian, Kane, and Laeven (2003), and Shoukry (Forthcoming). 15 12 U.S.C. 1817(b)(1)(E)(i). 16 The goals of risk-based pricing include additional objectives, such as transparency. For the purposes of this document, risk-based pricing is discussed primarily in regard to its ability to affect bank risk-taking. ddrumheller on DSK120RN23PROD with NOTICES1 14 See VerDate Sep<11>2014 17:40 Aug 05, 2024 Jkt 262001 frequently reported data, should be considered for collection. D. Deposit Data Provided to the General Public The FDIC is a pre-eminent source of U.S. banking industry research for analysts, including Quarterly Banking Profiles, working papers, and banking performance data. This research is based on data reported in the Call Report and other regulatory reports. The FDIC provides tools, education, and news updates to help consumers make informed decisions to protect their assets. The FDIC’s Quarterly Banking Profile provides a comprehensive summary of financial results, including deposit data and trends, for all FDICinsured institutions.17 The FDIC also offers a suite of tools and searchable databases to help analysts, bankers, and the public find information on specific banks, their branches, and the industry.18 The appendix details relevant information on deposit liabilities that certain banks report or maintain through existing recordkeeping systems and information collections, including the Call Report and the Summary of Deposits Survey, among others. However, in most cases, the granularity of the data collected on deposits in the Call Report and other regulatory reports may be limited in supporting the efforts herein. The Call Report, administered by the FFIEC, is a quarterly report of an institution’s condition and income, and is a primary source of financial data used for the supervision and regulation of banks. Most data items collected on the Call Report, including data on deposit liabilities described in detail in the appendix, are also made available to the general public and can help consumers and analysts make informed decisions. To better inform analysts and the general public, the FDIC is soliciting comments on deposit data not currently reported in the Call Report or other regulatory reports, including for uninsured deposits, and information on whether more detailed or more frequent reporting on characteristics of or types of deposits could improve the accuracy and transparency of data reported on the Call Report or other regulatory reports. III. Request for Comment The FDIC is seeking information and comment on deposit data that is not 17 See FDIC Quarterly Banking Profile. Available at: https://www.fdic.gov/analysis/quarterlybanking-profile/. 18 See FDIC Data Tools. Available at: https:// www.fdic.gov/resources/data-tools/. PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 63949 currently reported in the Call Report or other regulatory reports, including for uninsured deposits. The FDIC seeks to gather information on characteristics that affect the stability and franchise value of different types of deposits and whether more detailed or more frequent reporting on these characteristics or types of deposits could enhance offsite risk and liquidity monitoring; inform analysis of the benefits and costs associated with additional deposit insurance coverage for certain types of deposits; improve risk sensitivity in deposit insurance pricing; and provide analysts and the general public with accurate and transparent data. Additional information provided through this request, or through potential enhancements in the granularity of deposit reporting, also would promote transparency and efficiencies in the bank resolution process, including estimation of payment to insured depositors and processing claims that exceed the insurance limit. The benefits from any enhancements in the granularity of deposit reporting would need to be considered in conjunction with any increase in regulatory reporting burden. The FDIC encourages comments from all interested parties, including but not limited to IDIs, depositors and financial consumers, businesses that utilize various types of payroll and payment accounts, consumer groups, researchers, trade associations, and other members of the financial services industry. In particular, the FDIC requests input on the following questions: Questions on Banks’ Internal Deposit Information Question 1: How do banks measure or evaluate the stability of different types of uninsured deposits? For example, do banks measure or track characteristics such as length or type of depositor relationship, duration, depositor proximity, or rates paid by account type? a. What are the different types of collateralized or secured deposits and what are the reasons for collateralization? Do banks monitor the uninsured portion of collateralized or secured deposits separately from the insured portion? b. How do banks monitor intercompany deposits such as deposits with affiliates, subsidiaries, sweep deposits, or any bank-owned deposit account? c. How do banks measure or evaluate the stability of operational deposits and non-operational deposits? d. To what extent, if any, do banks rely on deposit categories as defined for E:\FR\FM\06AUN1.SGM 06AUN1 ddrumheller on DSK120RN23PROD with NOTICES1 63950 Federal Register / Vol. 89, No. 151 / Tuesday, August 6, 2024 / Notices regulatory reporting to determine stability? e. Is there additional data on uninsured deposit components that banks collect and maintain internally? f. What additional information would be helpful to the FDIC, the banking industry, and the public in demonstrating the stability of uninsured deposits? Question 2: What are the challenges in calculating and reporting uninsured deposits on the Call Report? a. How do banks estimate uninsured deposits for omnibus and other accounts that contain deposits owned by various parties where the underlying customer data is not maintained by the bank? Question 3: As discussed in the appendix, 12 CFR part 370 (part 370) generally requires covered institutions to maintain complete and accurate records regarding the ownership and insurability of deposits (except as otherwise provided) and to have an information technology system that can be used to calculate deposit insurance coverage in the event of failure. These capabilities would facilitate the FDIC’s prompt payment of deposit insurance and enhance the FDIC’s ability to implement the least costly resolution of these covered institutions.19 However, the FDIC understands that some institutions that are subject to the requirements of part 370 do not necessarily use information from their part 370 recordkeeping and insurance calculation capabilities for purposes of reporting uninsured deposits on the Call Report. For some part 370 covered institutions, what is the reasoning for not using the same methodology from their part 370 recordkeeping and insurance calculation capabilities to report uninsured deposits on the Call Report? a. For part 370 covered institutions, how long would it take to effectively use part 370 calculation-generated insured and uninsured information to report data on Call Report Schedule RC–O,— Other Data for Deposit Insurance Assessments, instead of other estimated measures? b. Where other estimated measures are used, has analysis been performed to evaluate the margin of difference between those estimates and the calculation produced using part 370 capabilities? If so, what are those margin differences? c. Do institutions collect additional deposit information from customers that is not reported in part 370 output files (e.g. customer classifications, account categorizations, etc.) 19 12 CFR part 370. VerDate Sep<11>2014 17:40 Aug 05, 2024 Jkt 262001 Question 4: For what other types of deposits, which are not already reported on the Call Report or other data collections, do banks collect and maintain data internally and at what frequency? a. How are these types of deposits defined? b. How does data on these types of deposits help inform analysis of bank liability structure, risk, and funding stability? c. Of the data collected and maintained internally, what information could be provided at little or no burden? What challenges may occur in reporting this information? d. Of the information collected and maintained internally, what information could be provided pertaining to foreign deposits and how the deposits are payable (dually or not dually payable)? Questions on Potential Additional Data Items Question 5: What, if any, additional data, including more granular or more frequently reported data, should the FDIC, in conjunction with other members of the FFIEC, consider collecting on the Call Report or another data collection to better inform the public and agencies’ understanding of different types of depositor behavior? What specific additional data, such as length or type of depositor relationship, duration, depositor proximity, or rates paid by account type, would be the most helpful to collect, if any? a. Should data collections include particular types of deposits or uninsured deposits? If so, which types and at what frequency? What are the benefits or challenges of maintaining and reporting average values of such data for a given frequency? b. Should data collections include different measures of concentrations of deposits, such as by deposit account size, depositor type, or industry? If so, which thresholds, types, and industries are appropriate and why? c. Should collection of additional data be limited to certain reporting thresholds, based on, for example, consolidated asset size, amount of the item to be reported, or some other activity-based threshold? Why or why not? What type of burdens would collection of additional data place on institutions? d. Should collection of any additional, more granular, data on deposits be afforded confidential treatment? If so, please explain why. e. To what extent should data collections require consistency across different definitions and information reported on deposits, including deposit PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 liabilities, operational deposits, and other types of deposits, between the Call Report and other data collections? f. How helpful would standardized reporting definitions, including for operational and non-operational deposits, be to the FDIC, the banking industry, and the public? g. If the agencies were to consider collecting additional information, is there any information that the agencies currently collect that commenters believe is less useful, overly burdensome, and should no longer be collected? Questions on Deposit Data To Inform Conversations on Deposit Insurance Coverage As mentioned in section II.B. of this document, the May 2023 report, ‘‘Options for Deposit Insurance Reform,’’ notes that Targeted Coverage would provide substantial additional coverage to meet ongoing payment and operational needs of businesses, which is expected to yield large financial stability benefits relative to its costs. However, Targeted Coverage is one of three options examined in the report, and each option has strengths and weaknesses. The proposed options require an act of Congress. Question 6: If Congress were to consider deposit insurance reform, what are the pros and cons of the options described in the FDIC’s May 2023 report? Do commenters have additional data that could help inform the discussion? Question 7: If Congress were to pursue increased coverage for particular types of deposit accounts, but not all deposits, what type of deposits should be included? Question 8: If Congress were to pursue increased coverage for ‘‘business payment accounts,’’ as described in the May 2023 report, what are the specific definitions commenters would recommend and why? a. What features of an account would indicate that it is a ‘‘business payment account,’’ and are these features quantifiable and readily available? b. Should such a definition be limited to coverage of accounts linked to payroll at businesses, include accounts linked to operations such as payroll, or otherwise be defined? Should such a definition consider the existing definition for ‘‘operational deposits,’’ as defined in 12 CFR 329.3? Question 9: What burden or challenges would be associated with providing new deposit data items, such as ‘‘business payment accounts’’ or similar accounts linked to payroll, vendors, or operations? E:\FR\FM\06AUN1.SGM 06AUN1 Federal Register / Vol. 89, No. 151 / Tuesday, August 6, 2024 / Notices Other Comments Question 10: Please provide any other comment or information that would be useful for the FDIC to consider. ddrumheller on DSK120RN23PROD with NOTICES1 Appendix: Relevant Information on Deposit Liabilities Available From the Call Report and Other Regulatory Reports Certain institutions report or maintain information on deposit liabilities through existing recordkeeping systems and information collections, including the Call Report and the Summary of Deposits Survey, among others. However, in most cases, the granularity of the data collected on deposits in these reports may be limited in supporting the efforts herein. A. Deposit Liabilities on the Call Report The Call Report is a primary source of financial data used for the supervision and regulation of banks. Banks file the Call Report quarterly, as of the last calendar day of March, June, September, and December. The Call Report consists of a balance sheet, an income statement, and supporting schedules. The Report of Condition schedules provide details on assets, liabilities, and capital accounts. The Report of Income schedules provide details on income and expense accounts. The FDI Act requires each IDI to report the total amount of the liability of the depository institution for deposits in the main office and in any domestic branch according to the definition of the term ‘‘deposit,’’ 20 and provided other requirements are met.21 The FDI Act also requires the FDIC to collect information from each IDI on a regular basis on the total amount of all insured deposits, preferred deposits, and uninsured deposits at the IDI.22 Institutions report deposit liability information primarily on Schedule RC– E—Deposit Liabilities and Schedule RC–O—Other Data for Deposit Insurance Assessments. Additional information for certain deposit liability items is reported on Schedule RC— Balance Sheet, Schedule RC–K— Quarterly Averages, and for certain institutions on Schedule RC–Q—Assets and Liabilities Measured at Fair Value on a Recurring Basis. Schedule RC–E is also divided into two parts on the FFIEC 031, Part I, which requests data on deposits in domestic offices, and Part II, which requests data on deposits in 20 ‘‘Deposit’’ is defined in section 3(l) and ‘‘domestic branch’’ is defined in section 3(o) of the FDI Act; 12 U.S.C. 1813(l) and (o). 21 Section 7(a)(4) of the FDI Act; 12 U.S.C. 1817(a)(4). 22 Section 7(a)(9) of the FDI Act; 12 U.S.C. 1817(a)(9). VerDate Sep<11>2014 17:40 Aug 05, 2024 Jkt 262001 foreign offices (including Edge and Agreement subsidiaries and International Banking Facilities). B. Transaction and Nontransaction Accounts Including Savings Deposits on the Call Report Despite certain distinctions on the Call Report, regulatory changes and the economic environment have blurred the distinctions between some deposit account categories over time. For example, historically, regulatory restrictions—such as interest rate caps and withdrawal limits—delineated between the payment and investment functions of deposits. Amendments to Regulation D and the repeal of Regulation Q have removed some of the historical differences.23 For Call Report purposes, with a few exceptions, a ‘‘transaction account,’’ is defined as a deposit or account from which the depositor or account holder is permitted to make transfers or withdrawals by negotiable or transferable instruments, payment orders of withdrawal, telephone transfers, or other similar devices for the purpose of making payments or transfers to third persons or others or from which the depositor may make third-party payments at an automated teller machine, a remote service unit, or another electronic device, including by debit card.24 Savings deposits are deposits with respect to which the depositor is not required by the deposit contract, but may at any time be required by the depository institution, to give written notice of an intended withdrawal not less than seven days before withdrawal is made, and that is not payable on a specified date or at the expiration of a specified time after the date of deposit. For Call Report purposes, savings deposits (both money market deposit accounts and other savings deposits) are excluded from transaction accounts.25 Banks report transaction and nontransaction accounts by depositor 23 See Options for Deposit Insurance Reform, FDIC, May 1, 2023, at 20–21, for further information. Available at: https://www.fdic.gov/ analysis/options-deposit-insurance-reforms/report/ options-deposit-insurance-reform-full.pdf. 24 See FFIEC 031 and FFIEC 041 Instructions for Preparation of Consolidated Reports of Condition and Income, Glossary entry for ‘‘Deposits.’’ Available at: https://www.ffiec.gov/pdf/FFIEC_ forms/FFIEC031_FFIEC041_202403_i.pdf. 25 Regulation D (12 CFR part 204) classifies savings deposits as a type of transaction account. However, for Call Report purposes, savings deposits are classified as a type of nontransaction account. See FFIEC 031 and FFIEC 041 Instructions for Preparation of Consolidated Reports of Condition and Income, Glossary entry for ‘‘Deposits.’’ Available at: https://www.ffiec.gov/pdf/FFIEC_ forms/FFIEC031_FFIEC041_202403_i.pdf. PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 63951 type on Schedule RC–E, items 1 through 6. Additionally on Schedule RC–E, banks report components of transaction and nontransaction accounts as well as maturity and repricing data for time deposits. On Schedule RC–K, banks report quarterly averages of interestbearing transaction accounts and certain components of nontransaction accounts: savings deposits, time deposits of $250,000 or less, and time deposits of more than $250,000. On Schedule RC– O, banks reported the number and amount of noninterest-bearing transaction accounts of more than $250,000 from 2008 through 2013, when such accounts were guaranteed under the Transaction Account Guarantee Program or provided unlimited deposit insurance coverage under the DoddFrank Wall Street Reform and Consumer Protection Act. C. Uninsured Deposits on the Call Report Currently, banks report estimated uninsured deposits on Schedule RC–O in the Call Report. Specifically, banks with $1 billion or more in total assets 26 report on Schedule RC–O, Memorandum item 2, the estimated amount of uninsured deposits in domestic offices of the bank and in insured branches in Puerto Rico and U.S. territories and possessions, including related interest accrued and unpaid. For Schedule RC–O, Memorandum item 2, the estimated amount of uninsured deposits reported in this item should be based on the bank’s deposits included in Schedule RC–O, item 1, ‘‘Total deposit liabilities before exclusions (gross) as defined in section 3(l) of the Federal Deposit Insurance Act and FDIC regulations,’’ less item 2, ‘‘Total allowable exclusions, including interest accrued and unpaid on allowable exclusions (including foreign deposits).’’ In addition, for some deposits, banks should make a reasonable estimate of the portion of its deposits that are uninsured using the data available from its information systems.27 In preparing this estimate, in addition to instructions for specific deposit items, if the bank has automated information systems in place that enable it to identify, for example, jointly owned accounts and estimate the deposit 26 The $1 billion asset-size test is based on the total assets reported on the prior year’s Report of Condition as of June 30. 27 See FFIEC 031 and FFIEC 041 Instructions for Preparation of Consolidated Reports of Condition and Income, SCHEDULE RC–O—OTHER DATA FOR DEPOSIT INSURANCE ASSESSMENTS, pg. RC–O–15—RC–O–17. Available at: https:// www.ffiec.gov/pdf/FFIEC_forms/FFIEC031_ FFIEC041_202403_i.pdf. E:\FR\FM\06AUN1.SGM 06AUN1 ddrumheller on DSK120RN23PROD with NOTICES1 63952 Federal Register / Vol. 89, No. 151 / Tuesday, August 6, 2024 / Notices insurance coverage of these deposits, the higher level of insurance afforded these joint accounts should be taken into consideration. Similarly, if the bank has automated information systems in place that enable it to classify accounts by deposit owner and/or ownership capacity, the bank should incorporate this information into its estimate of the amount of uninsured deposits by aggregating accounts held by the same deposit owner in the same ownership capacity before applying the $250,000 insurance limit. In the absence of automated information systems, a bank may use nonautomated information such as paper files or less formal knowledge of its depositors if such information provides reasonable estimates of appropriate portions of its uninsured deposits.28 For institutions with less than $1 billion in assets that do not report estimated uninsured deposits, the FDIC calculates estimated uninsured deposits based on other Call Report data items. For example, for purposes of the FDIC Quarterly Banking Profile, the FDIC calculates estimated uninsured deposits for institutions that do not report such deposits on the Call Report as the amount of deposit and retirement accounts with balances greater than the standard maximum deposit insurance amount (SMDIA), currently $250,000, minus the portion that is insured.29 The insured portion is estimated by multiplying the number of accounts with balances greater than the SMDIA, as reported on the Call Report, by the SMDIA. The data underlying this calculation comes from Schedule RC–O, Memorandum 1 subitems. For the December 31 reporting period only, institutions report preferred deposits on Schedule RC–E. Specifically, in Schedule RC–E, Memorandum item 1.e, banks are required to report preferred deposits (uninsured deposits of states and political subdivisions in the U.S. which are secured or collateralized as required under state law). As a result, data on preferred deposits are available on an annual basis only, and banks do not report other types of collateralized deposits on the Call Report. Preferred deposits are the only component of uninsured deposits banks report separately on the Call Report. While banks are required to provide certain data on deposit liabilities on Schedules RC–E and RC–O, banks do 28 Ibid. 29 See FDIC Quarterly Banking Profile for First Quarter 2024, at 38 (definition of ‘‘Estimated uninsured deposits’’). Available at: https:// www.fdic.gov/analysis/quarterly-banking-profile/ qbp/2024mar/qbp.pdf#page=38. VerDate Sep<11>2014 17:40 Aug 05, 2024 Jkt 262001 not report comprehensive data on the composition of insured and uninsured deposits. The FDIC is seeking to further evaluate whether and to what extent certain types of deposits may behave differently from each other, particularly during periods of economic or financial stress. For example, while in the FDIC’s view the presence of collateral does not fully mitigate deposit runoff risk, uninsured deposits that are secured by collateral may be less likely to run in a liquidity stress event compared to other types of uninsured deposits, or the collateral may be subject to a loss in value that may need to be realized. Additional data on the behavior of these types of uninsured deposits, and the associated collateral securing the deposits, could provide pertinent information on the risk of these uninsured deposits. D. Insured Deposits on the Call Report Institutions do not report information on total insured deposits on the Call Report. Certain Memoranda items on Schedule RC–E break out components of some types of deposits that are above or below the SMDIA. For example, institutions report brokered deposits of $250,000 or less (fully insured brokered deposits), time deposits of $250,000 or less, and fully insured affiliate and nonaffiliate sweep deposits. Estimated insured deposits can be calculated using reported estimated uninsured deposits. For example, in the FDIC Quarterly Banking Profile, in general, the FDIC calculates estimated insured deposits as total deposit liabilities after exclusions minus estimated uninsured deposits.30 As mentioned previously, uninsured deposits for institutions that do not report estimated uninsured deposits can be calculated from the Schedule RC–O Memorandum 1, subitems a through d. This calculated estimate of uninsured deposits can also be subtracted from deposit liabilities after exclusions to estimate insured deposits. E. Sweep Deposits on the Call Report Beginning with the September 30, 2021, Call Report, institutions are required to report deposits held at the reporting institution by a customer or counterparty through a contractual feature that automatically transfers to the reporting institution from another regulated financial company at the close of each business day amounts under the agreement governing the account from which the amount is being transferred, or sweep deposits, on the Memoranda to Schedule RC–E. Specifically, 30 Ibid. PO 00000 Frm 00043 institutions report sweep deposits based on both fully insured or not fully insured classification, and affiliate or non-affiliate classification, in Schedule RC–E, Memorandum items 1.h.(1) through 1.h.(4). Additionally, institutions report total sweep deposits that are not brokered deposits in Schedule RC–E, Memorandum item 1.i. Institutions filing the FFIEC 031 or FFIEC 041 Call Report are required to report these items quarterly, and institutions filing the FFIEC 051 Call Report are required to report these items semiannually in the June and December report only. In addition, institutions with $100 billion or more in total assets report retail sweep deposits based on both fully insured or not fully insured classification, and affiliate or nonaffiliate classification, in Schedule RC– E, Memorandum items 1.h.(1) through 1.h.(4) subitems on the FFIEC 031 Call Report. F. Summary of Deposits Survey The Summary of Deposits (SOD) is the annual survey of branch office deposits as of June 30 for all FDICinsured institutions, including insured U.S. branches of foreign banks. The SOD Survey is a unique source of information about the number and physical locations of the tens of thousands of bank offices across the United States. The SOD data also includes a dollar amount of domestic deposits for each bank office. While SOD data is informative, it has some limitations due to the varying methods used by banks for attributing deposits to bank offices. G. Recordkeeping for Timely Deposit Insurance Determination To pay deposit insurance in the event of a bank failure, the FDIC uses a failed IDI’s records to aggregate the amounts of all deposits that are maintained by a depositor in the same right and capacity and then applies the SMDIA, currently $250,000 per right and capacity.31 In 2008, the FDIC adopted a final rule on Large Bank Deposit Insurance Determination Modernization to ensure that depositors have access to their funds as soon as possible in the event of a bank failure. In the event of a failure, the rule allows the FDIC to use the covered institution’s deposit system(s) provisional hold capabilities to give depositors uninterrupted access to preliminary insurance funds, while the FDIC works to complete the final insurance determination. The rule was applicable to banks reporting at least $2 billion in domestic deposits and either 31 12 Fmt 4703 Sfmt 4703 E:\FR\FM\06AUN1.SGM U.S.C. 1821(a)(1)(C) and (E). 06AUN1 Federal Register / Vol. 89, No. 151 / Tuesday, August 6, 2024 / Notices 250,000 deposit accounts, or $20 billion in total assets.32 In 2017, the FDIC adopted 12 CFR part 370 to implement additional measures to ensure prompt and accurate payment of deposit insurance to depositors of the larger IDIs that qualify as covered institutions.33 The FDIC generally relies on the failed IDI’s deposit account records to identify deposit owners and the right and capacity in which deposits are insured.34 Section 7(a)(9) of the FDI Act authorizes the FDIC to take action as necessary to ensure that each IDI maintains, and the FDIC receives on a regular basis from such IDI, information on the total amount of all insured deposits and uninsured deposits at the IDI.35 Part 370 generally requires covered institutions to maintain complete and accurate records regarding the ownership and insurability of deposits (except as otherwise provided) and to have an information technology system that can be used to calculate deposit insurance coverage in the event of failure. These capabilities would facilitate the FDIC’s prompt payment of deposit insurance and enhance the FDIC’s ability to implement the least costly resolution of these covered institutions. H. Deposit Liabilities on Other Data Collections ddrumheller on DSK120RN23PROD with NOTICES1 Certain institutions report information on deposit liabilities through other information collections, including the Complex Institution Liquidity Monitoring Report (FR 2052a), Report of Deposits and Vault Cash (FR 2900), the Systemic Risk Report (FR Y–15), and the Weekly Report of Selected Assets and Liabilities of Domestically Chartered Commercial Banks and U.S. Branches and Agencies of Foreign Banks (FR 2644). However, reporting requirements for most of these data collections are limited to the largest institutions or a subset of all IDIs. In most cases, the granularity of the data collected on deposits in these reports may also be limited in informing the efforts herein. Federal Deposit Insurance Corporation. By order of the Board of Directors. Dated at Washington, DC, on July 30, 2024. James P. Sheesley, Assistant Executive Secretary. [FR Doc. 2024–17298 Filed 8–5–24; 8:45 am] CFR 360.9. See 73 FR 41180 (July 17, 2008). CFR part 370. See 81 FR 87734 (Dec. 5, 2016). See also 84 FR 37020 (July 30, 2019). 34 12 U.S.C. 1822(c); 12 CFR 330.5. 35 12 U.S.C. 1817(a)(9). 33 12 VerDate Sep<11>2014 19:24 Aug 05, 2024 Jkt 262001 [Notice—PBS–2024–07; Docket No. 2024– 0002; Sequence No. 32] Notice of Availability for the Final Environmental Impact Statement for the Buildings 202, 214 and 220 South State Street, Chicago, Illinois; Correction Public Building Service (PBS), General Services Administration (GSA). ACTION: Notice; correction. AGENCY: GSA published a document in the Federal Register of July 31, 2024, announcing the availability of the Final Environmental Impact Statement (EIS) for the future of 202, 214, and 220 South State Street, Chicago, Illinois. The date provided in the publication period was incorrect. This notice is being issued to list the correct date. FOR FURTHER INFORMATION CONTACT: Mr. Joseph Mulligan, GSA, 230 S. Dearborn St., Suite 3600, Chicago, IL 60604; email: statestreet@gsa.gov; telephone: 312–886–9593. SUPPLEMENTARY INFORMATION: SUMMARY: Correction In the Federal Register of July 31, 2024, in FR Doc. 2024–16837, on page 61426, in the second column, change ‘‘Monday, September 2, 2024’’ to ‘‘Tuesday, September 3, 2024.’’ William Renner, Director, Facilities Management and Services Programs Division, Great Lakes Region 5, U.S. General Services Administration. [FR Doc. 2024–17269 Filed 8–5–24; 8:45 am] BILLING CODE 6820–CF–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifiers: CMS–10831] Agency Information Collection Activities: Submission for OMB Review; Comment Request Centers for Medicare & Medicaid Services, Health and Human Services (HHS). ACTION: Notice. AGENCY: The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS’ intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (PRA), federal agencies are required to SUMMARY: BILLING CODE 6714–01–P 32 12 GENERAL SERVICES ADMINISTRATION PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 63953 publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, and to allow a second opportunity for public comment on the notice. Interested persons are invited to send comments regarding the burden estimate or any other aspect of this collection of information, including the necessity and utility of the proposed information collection for the proper performance of the agency’s functions, the accuracy of the estimated burden, ways to enhance the quality, utility, and clarity of the information to be collected, and the use of automated collection techniques or other forms of information technology to minimize the information collection burden. Comments on the collection(s) of information must be received by the OMB desk officer by September 5, 2024. ADDRESSES: 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. To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, please access the CMS PRA website by copying and pasting the following web address into your web browser: https://www.cms.gov/ Regulations-and-Guidance/Legislation/ PaperworkReductionActof1995/PRAListing. DATES: FOR FURTHER INFORMATION CONTACT: William Parham at (410) 786–4669. Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501–3520), federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. The term ‘‘collection of information’’ is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires federal agencies to publish a 30-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, before submitting the SUPPLEMENTARY INFORMATION: E:\FR\FM\06AUN1.SGM 06AUN1

Agencies

[Federal Register Volume 89, Number 151 (Tuesday, August 6, 2024)]
[Notices]
[Pages 63946-63953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17298]


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FEDERAL DEPOSIT INSURANCE CORPORATION

RIN 3064-ZA42


Request for Information on Deposits

AGENCY: Federal Deposit Insurance Corporation.

ACTION: Request for information and comment.

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SUMMARY: The Federal Deposit Insurance Corporation (FDIC) is soliciting 
comments from interested parties on deposit data that is not currently 
reported in the Federal Financial Institutions Examination Council's 
(FFIEC) Consolidated Reports of Condition and Income (Call Report) or 
other regulatory reports, including for uninsured deposits. The FDIC 
seeks information on the characteristics that affect the stability and 
franchise value of different types of deposits and whether more 
detailed or more frequent reporting on these characteristics or types 
of deposits could enhance offsite risk and liquidity monitoring, inform 
analysis of the benefits and costs associated with additional deposit 
insurance coverage for certain types of deposits, improve risk 
sensitivity in deposit insurance pricing, and provide analysts and the 
general public with accurate and transparent data.

DATES: Comments must be received on or before October 7, 2024.

ADDRESSES: Interested parties are invited to submit written comments, 
identified by RIN 3064-ZA42, by any of the following methods:
     Agency Website: https://www.fdic.gov/resources/regulations/federal-register-publications/. Follow the instructions for 
submitting comments on the agency website.
     Email: [email protected]. Include RIN 3064-ZA42 in the 
subject line of the message.
     Mail: James P. Sheesley, Assistant Executive Secretary, 
Attention: Comments--RIN 3064-ZA42, Federal Deposit Insurance 
Corporation, 550 17th Street NW, Washington, DC 20429.
     Hand Delivery: Comments may be hand delivered to the guard 
station at the rear of the 550 17th Street NW building (located on F 
Street NW) on business days between 7:00 a.m. and 5:00 p.m.
     Public Inspection: Comments received, including any 
personal information provided, may be posted without change to https://www.fdic.gov/resources/regulations/federal-register-publications/. 
Commenters should submit only information that the commenter wishes to 
make available publicly. The FDIC may review, redact, or refrain from 
posting all or any portion of any comment that it may deem to be 
inappropriate for publication, such as irrelevant or obscene material. 
The FDIC may post only a single representative example of identical or 
substantially identical comments, and in such cases will generally 
identify the number of identical or substantially identical comments 
represented by the posted example. All comments that have been 
redacted, as well as those that have not been posted, that contain 
comments on the merits of this document will be retained in the public 
comment file and will be considered as required under all applicable 
laws. All comments may be accessible under the Freedom of Information 
Act.

FOR FURTHER INFORMATION CONTACT: Division of Insurance and Research: 
Ashley Mihalik, Associate Director, Financial Risk Management, 202-898-
3793, [email protected]; Kayla Shoemaker, Chief, Banking and Regulatory 
Policy, 202-898-6962, [email protected]; Legal Division: Sheikha 
Kapoor, Assistant General Counsel, 202-898-3960, [email protected]; 
Vivek Khare, Senior Counsel, 202-898-6847; or Ryan McCarthy, Counsel, 
202-898-7301, [email protected].

SUPPLEMENTARY INFORMATION:

I. Policy Objectives

    The bank failures that occurred in March 2023 and subsequent events 
renewed focus by financial regulatory agencies, banks, investors, and 
the public on deposit insurance coverage, bank funding concentrations, 
and certain banks' reliance on uninsured deposits. While banks are 
required to provide certain data on deposit liabilities on the Call 
Report,\1\ they do

[[Page 63947]]

not report comprehensive data on the composition of insured and 
uninsured deposits.\2\ Through this request for information, the FDIC 
is seeking to further evaluate whether and to what extent certain types 
of deposits may behave differently from each other, particularly during 
periods of economic or financial stress.
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    \1\ The ``Call Report'' consists of the Consolidated Reports of 
Condition and Income for a Bank with Domestic and Foreign Offices 
(FFIEC 031), the Consolidated Reports of Condition and Income for a 
Bank with Domestic Offices Only (FFIEC 041), and the Consolidated 
Reports of Condition and Income for a Bank with Domestic Offices 
Only and Total Assets Less than $5 Billion (FFIEC 051). U.S. 
branches and agencies of foreign banks file the Report of Assets and 
Liabilities of U.S. Branches and Agencies of Foreign Banks (FFIEC 
002). FFIEC 002 filers report many of the same deposit liabilities 
items as Call Report filers, including estimated uninsured deposits, 
preferred deposits, transaction accounts, and nontransaction 
accounts.
    \2\ The appendix to this document details relevant information 
on deposit liabilities available from the Call Report and other 
regulatory reports.
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    Specifically, the FDIC is soliciting comments on deposit data that 
is not currently reported in the Call Report or other regulatory 
reports, including for uninsured deposits, to gather information on the 
characteristics that affect the stability and franchise value of 
different types of deposits and whether more detailed or more frequent 
reporting on these characteristics or types of deposits could enhance 
offsite risk and liquidity monitoring; inform analysis of the benefits 
and costs associated with additional deposit insurance coverage for 
certain types of deposits; improve risk sensitivity in deposit 
insurance pricing; and provide analysts and the general public with 
accurate and transparent data.

II. Background Information

A. The Events of March 2023 and the Role of Deposit Information in 
Offsite Risk and Liquidity Monitoring

    In March 2023, runs of uninsured deposits contributed to the 
failures of Silicon Valley Bank and Signature Bank, respectively the 
second and third largest bank failures in the FDIC's history at the 
time, and the subsequent failure of First Republic Bank on May 1, 2023. 
These runs were exacerbated by each bank's high reliance on uninsured 
deposit funding and concentrations in the depositor base, among other 
factors.\3\ The failures of these institutions and subsequent events 
prompted a renewed focus by regulators, banks, investors, and the 
public on deposit insurance, funding concentrations, and reliance on 
uninsured deposits.
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    \3\ See Material Loss Review of Silicon Valley Bank, Office of 
the Inspector General of the Board of Governors of the Federal 
Reserve System and the Consumer Financial Protection Bureau, 2023-
SR-B-013, September 25, 2023. Available at: https://oig.federalreserve.gov/reports/board-material-loss-review-silicon-valley-bank-sep2023.pdf. See also Material Loss Review of Signature 
Bank of New York, Office of the Inspector General of the Federal 
Deposit Insurance Corporation, EVAL-24-02, October 2023. Available 
at: https://www.fdicoig.gov/sites/default/files/reports/2023-12/EVAL-24-02.pdf. See also Material Loss Review of First Republic 
Bank, Office of the Inspector General of the Federal Deposit 
Insurance Corporation, EVAL-24-03, November 2023. Available at: 
https://www.fdicoig.gov/sites/default/files/reports/2023-12/EVAL-24-03.pdf.
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    A bank's liability structure can reflect its risk-taking behavior, 
and information about an institution's funding base is important in 
evaluating liquidity risk and interest rate risk. As demonstrated 
during the spring 2023 bank failures, deposit data are also important 
for monitoring liquidity. The experience in spring 2023 demonstrated 
that depositors may be able to move funds extremely quickly in the 
event of a bank's deteriorating condition or negative media attention.
    Silicon Valley Bank had an extremely high level of uninsured 
deposits and the bank's management and board of directors overestimated 
the stability of the deposit base.\4\ The deposit withdrawals happened 
quickly after clients began to speculate about the bank's solvency on 
various social media platforms.\5\ This demonstrates that the ubiquity 
of new technologies, such as social media and mobile banking, may mean 
that potential future bank runs and potential contagion effects happen 
at an accelerated pace.
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    \4\ See Material Loss Review of Silicon Valley Bank, Office of 
the Inspector General of the Board of Governors of the Federal 
Reserve System and the Consumer Financial Protection Bureau, 2023-
SR-B-013, September 25, 2023. Available at: https://oig.federalreserve.gov/reports/board-material-loss-review-silicon-valley-bank-sep2023.pdf.
    \5\ Ibid. Another account of the events is that the genesis of 
the run on Silicon Valley Bank was private communications among a 
networked group of sophisticated investors. See, e.g., Financial 
Times, ``Y2K23's Y2K Moment: Blaming the internet for Bank Runs,'' 
February 5, 2024. Available at: https://www.ft.com/content/74a7ec7c-cd7e-4e69-8af0-21dead706855.
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    Deposit data are also important for receivership purposes, as the 
presence of deposit insurance coverage has direct implications for the 
costs associated with the resolution of a failed institution. The FDIC 
has issued regulations applicable to certain large banks to facilitate 
its ability to make timely deposit insurance determinations in the 
event of failure.\6\ Providing insured depositors access to their funds 
may require the completion of an insurance determination, which 
involves the FDIC obtaining and analyzing depositor and account data to 
determine deposit account ownership type and the appropriate insurance 
status.
---------------------------------------------------------------------------

    \6\ See 12 CFR 360.9 (Large-Bank Deposit Insurance Determination 
Modernization) and 12 CFR part 370 (Recordkeeping for Timely Deposit 
Insurance Determination).
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    The Material Loss Reviews conducted following the failures of 
Silicon Valley Bank, Signature Bank, and First Republic Bank provide 
support for enhanced monitoring of uninsured deposit levels and 
concentrations. The recommendations resulting from the Material Loss 
Reviews include monitoring and evaluation of rapid growth and 
concentrations, including growth and concentrations of uninsured 
deposits, in total, and from specific depositors or depositors in 
specific industries.\7\ The Material Loss Reviews for Signature Bank 
and First Republic Bank specifically recommend an evaluation of whether 
updates to examination guidance are needed in the areas of stability of 
deposits, including large and long-term uninsured depositor 
relationships, and the velocity and magnitude of potential deposit 
outflows, including the supervision of liquidity stress testing. In 
addition, in the FDIC's Supervision of First Republic Bank report, the 
FDIC's Chief Risk Officer identified as a matter for further study, the 
need for enhanced examination guidance related to supervising banks 
that are overly reliant on uninsured deposit funding or have 
concentrations in uninsured deposits.\8\
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    \7\ See Material Loss Review of Silicon Valley Bank, Office of 
the Inspector General of the Board of Governors of the Federal 
Reserve System and the Consumer Financial Protection Bureau, 2023-
SR-B-013, September 25, 2023. Available at: https://oig.federalreserve.gov/reports/board-material-loss-review-silicon-valley-bank-sep2023.pdf. See also Material Loss Review of Signature 
Bank of New York, Office of the Inspector General of the Federal 
Deposit Insurance Corporation, EVAL-24-02, October 2023. Available 
at: https://www.fdicoig.gov/sites/default/files/reports/2023-12/EVAL-24-02.pdf. See also Material Loss Review of First Republic 
Bank, Office of the Inspector General of the Federal Deposit 
Insurance Corporation, EVAL-24-03, November 2023. Available at: 
https://www.fdicoig.gov/sites/default/files/reports/2023-12/EVAL-24-03.pdf.
    \8\ See FDIC's Supervision of First Republic Bank, FDIC, 
September 8, 2023. Available at: https://www.fdic.gov/news/press-releases/2023/pr23073a.pdf.
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    Furthermore, the 2023 Annual Report of the Financial Stability 
Oversight Council (FSOC) noted that reviews of recent events yield 
lessons about the ways in which banking supervision and resolution 
preparedness could be enhanced, and suggested that more granular 
information on uninsured deposits could be helpful.\9\
---------------------------------------------------------------------------

    \9\ Financial Stability Oversight Council 2023 Annual Report. 
Available at: https://home.treasury.gov/system/files/261/FSOC2023AnnualReport.pdf.
---------------------------------------------------------------------------

    Following these recommendations and matters for consideration, the 
FDIC updated the Risk Management Manual of Examination Policies 
(Manual) to

[[Page 63948]]

provide additional guidance for assessing the stability of uninsured 
deposits and related concentration risk management practices.\10\
---------------------------------------------------------------------------

    \10\ Available at: https://www.fdic.gov/resources/supervision-and-examinations/examination-policies-manual/section6-1.pdf and 
https://www.fdic.gov/resources/supervision-and-examinations/examination-policies-manual/section16-1.pdf.
---------------------------------------------------------------------------

    While banks are required to provide certain data on deposit 
liabilities on the Call Report, including on transaction and 
nontransaction deposit accounts and other deposit data described in the 
appendix to this document, Appendix: Relevant Information on Deposit 
Liabilities Available from the Call Report and other Regulatory Reports 
(appendix), they do not report comprehensive data on the composition of 
insured and uninsured deposits.
    Only banks with $1 billion or more in total consolidated assets 
report the estimated amount of uninsured deposits on the Call Report 
each quarter.\11\ On an annual basis, institutions also report a subset 
of uninsured deposits: preferred deposits, which are uninsured deposits 
of states and political subdivisions in the U.S. that are secured or 
collateralized as required under state law. Preferred deposits are the 
only component of uninsured deposits banks report separately on the 
Call Report and are the only type of collateralized deposits reported 
on the Call Report.
---------------------------------------------------------------------------

    \11\ The $1 billion asset-size test is based on the total assets 
reported on the prior year's Report of Condition as of June 30.
---------------------------------------------------------------------------

    Also as described in the appendix, while certain institutions 
report information on deposit liabilities through other information 
collections, reporting requirements for most of these data collections 
are limited to the largest institutions or a subset of all insured 
depository institutions (IDIs). In most cases, the granularity of the 
data collected on deposits in these reports may also be limited in 
informing the efforts herein.
    At the same time, the FDIC recognizes that different types of 
uninsured deposits may not necessarily behave the same way. For 
example, uninsured deposits that are secured by collateral generally do 
not have the same risk of loss as other types of uninsured deposits, 
although the presence of collateral may not fully mitigate run risk. 
Intercompany depositors also may have different incentives than 
unaffiliated depositors with respect to withdrawing funds. Because 
banks do not report these categories of uninsured deposits on the Call 
Report, the FDIC does not have historical data on banking industry 
trends for these types of deposits, including how depositors for these 
different types of deposits would behave under conditions of economic 
or liquidity stress. Furthermore, other types of uninsured depositors 
may have various other characteristics that impact the stability and 
franchise value of the associated deposits.
    Given these observations and recommendations, the FDIC is seeking 
information on deposits, including how banks measure or evaluate the 
stability of different types of deposits and whether and how banks 
monitor collateralized or secured deposits, or intercompany deposits, 
such as deposits with affiliates and subsidiaries.

B. Options for Deposit Insurance Reform

    Additional deposit data also would inform analysis of the benefits 
and costs associated with additional deposit insurance coverage for 
certain types of deposits. In May 2023, following the bank failures, 
the FDIC published a comprehensive review of deposit insurance, 
``Options for Deposit Insurance Reform'' (the report), outlining three 
options to reform the nation's deposit insurance system.\12\ The 
proposed options require an act of Congress. The report first discusses 
the events of March 2023, and then reviews the history of deposit 
insurance in the United States. It then discusses the objectives and 
possible consequences of deposit insurance, and tools that may be used 
to support the objectives and address possible consequences. The report 
examines three options for deposit insurance reform that range in their 
departure from the status quo: Limited Coverage, Unlimited Coverage, 
and Targeted Coverage.
---------------------------------------------------------------------------

    \12\ Options for Deposit Insurance Reform, FDIC, May 1, 2023. 
Available at: https://www.fdic.gov/analysis/options-deposit-insurance-reforms/report/options-deposit-insurance-reform-full.pdf.
---------------------------------------------------------------------------

    Limited Coverage would maintain the current structure of deposit 
insurance in which there is a finite deposit insurance limit that 
applies across depositors and types of accounts, while Unlimited 
Coverage would provide unlimited deposit insurance. As described in the 
report, Targeted Coverage would allow for different levels of deposit 
insurance coverage across different types of accounts, with a 
particular focus on higher coverage for business payment accounts. The 
report does not define precisely ``business payment accounts'' but 
suggests that they should reflect business accounts whose purpose is 
for payment services and not for investment. The report notes that 
although each option has strengths and weaknesses, Targeted Coverage 
captures many of the financial stability benefits of expanded coverage 
while mitigating many of the undesirable consequences.
    Targeted Coverage would provide substantial additional coverage to 
business payment accounts without extending similar insurance to all 
deposits, which the report suggests could yield large financial 
stability benefits relative to its costs. Extending deposit insurance 
to business payment accounts may have relatively large financial 
stability benefits, with fewer costs from moral hazard relative to 
increasing the limit for all accounts, as in the other options. 
Further, losses on business payment accounts are likely to have broader 
financial stability implications due to the spill-over to payroll, 
consumption, and other businesses. One challenge to establishing 
Targeted Coverage is deciding how broadly or narrowly to define the 
type of accounts eligible for expanded coverage. Further, additional 
data could inform efforts to establish a practical definition 
consistent with concepts discussed in the report.
    Each option for deposit insurance reform contemplated in the report 
could have implications for the Deposit Insurance Fund (DIF). Increases 
to the deposit insurance limit--whether they apply to all deposits on a 
limited or unlimited basis, or only apply to a targeted set of 
deposits--would imply the need for a larger DIF to maintain the same 
reserve ratio under the Federal Deposit Insurance Act (FDI Act), and 
may also have effects on bank risk-taking and liability structure, and 
on depositor discipline. Limited information on the volume of deposits 
at alternative thresholds and on the volume of deposits that would be 
covered under Targeted Coverage makes it difficult to determine the 
impact on the DIF.
    To inform discussion around any potential increases in deposit 
insurance coverage, which would require an act of Congress, the FDIC is 
seeking comment on the options described in the FDIC's May 2023 report. 
The FDIC is also seeking comment on the definition of ``business 
payment accounts'' and any burden or challenges associated with 
providing new deposit data items, such as ``business payment accounts'' 
or similar accounts linked to payroll, vendors, or operations.

C. The Deposit Insurance Fund and Risk-Based Pricing

    Data on deposits inform the FDIC's management of the DIF, which is 
used to insure deposits and protect the depositors of insured banks, 
and to resolve failed banks. A key measure in

[[Page 63949]]

assessing the adequacy of the DIF is the reserve ratio, which is 
defined as the net worth of the DIF divided by insured deposits.\13\ 
Insured deposits are estimated based on banks' reported estimates of 
uninsured deposits and total deposit liabilities, as defined by the FDI 
Act.
---------------------------------------------------------------------------

    \13\ 12 U.S.C. 1813(y)(3).
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    The DIF is primarily funded by risk-based deposit insurance 
assessments. Deposit insurance introduces a degree of moral hazard as 
it removes incentives for insured depositors to monitor banks. Risk-
based deposit insurance pricing that charges premiums commensurate with 
the risk assumed by banks can mitigate moral hazard.\14\ Risk-based 
pricing can also promote fairness, whereby banks that pose higher risk 
pay higher premiums; incentivize banks to take less risk; and mitigate 
cross-subsidization from lower-risk to higher-risk banks.
---------------------------------------------------------------------------

    \14\ See Options for Deposit Insurance Reform, FDIC, May 1, 
2023, at 35. Available at: https://www.fdic.gov/analysis/options-deposit-insurance-reforms/report/options-deposit-insurance-reform-full.pdf. See also: Ehrlich and Becker (1972), Demirg[uuml][ccedil]-
Kunt and Detragiache (2002), Hovakimian, Kane, and Laeven (2003), 
and Shoukry (Forthcoming).
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    The FDIC collects information, as appropriate, for purposes of 
determining risk of losses at IDIs and economic conditions generally 
affecting depository institutions.\15\ However, risk sensitivity in the 
deposit insurance assessment system could be improved with additional 
data.\16\ For example, liquidity risk measurement in a risk-based 
pricing system based on statistical analyses and historical failures is 
limited by the data available, as failures due to bank runs have 
occurred less frequently in recent decades than insolvency failures. 
Changes to risk-based pricing based on bank liability structure and 
interest rate risk could improve the risk sensitivity of the FDIC's 
risk-based deposit insurance system, and could be enhanced with 
additional data.
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    \15\ 12 U.S.C. 1817(b)(1)(E)(i).
    \16\ The goals of risk-based pricing include additional 
objectives, such as transparency. For the purposes of this document, 
risk-based pricing is discussed primarily in regard to its ability 
to affect bank risk-taking.
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    In an effort to better inform analysis of deposit balance trends, a 
factor that affects an important measure of DIF adequacy, and improve 
risk sensitivity in the deposit insurance assessment system, the FDIC 
is soliciting comments on how banks measure or evaluate the stability 
of different types of deposits, and, more generally, on what additional 
data, including more granular or more frequently reported data, should 
be considered for collection.

D. Deposit Data Provided to the General Public

    The FDIC is a pre-eminent source of U.S. banking industry research 
for analysts, including Quarterly Banking Profiles, working papers, and 
banking performance data. This research is based on data reported in 
the Call Report and other regulatory reports. The FDIC provides tools, 
education, and news updates to help consumers make informed decisions 
to protect their assets. The FDIC's Quarterly Banking Profile provides 
a comprehensive summary of financial results, including deposit data 
and trends, for all FDIC-insured institutions.\17\ The FDIC also offers 
a suite of tools and searchable databases to help analysts, bankers, 
and the public find information on specific banks, their branches, and 
the industry.\18\
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    \17\ See FDIC Quarterly Banking Profile. Available at: https://www.fdic.gov/analysis/quarterly-banking-profile/.
    \18\ See FDIC Data Tools. Available at: https://www.fdic.gov/resources/data-tools/.
---------------------------------------------------------------------------

    The appendix details relevant information on deposit liabilities 
that certain banks report or maintain through existing recordkeeping 
systems and information collections, including the Call Report and the 
Summary of Deposits Survey, among others. However, in most cases, the 
granularity of the data collected on deposits in the Call Report and 
other regulatory reports may be limited in supporting the efforts 
herein.
    The Call Report, administered by the FFIEC, is a quarterly report 
of an institution's condition and income, and is a primary source of 
financial data used for the supervision and regulation of banks. Most 
data items collected on the Call Report, including data on deposit 
liabilities described in detail in the appendix, are also made 
available to the general public and can help consumers and analysts 
make informed decisions.
    To better inform analysts and the general public, the FDIC is 
soliciting comments on deposit data not currently reported in the Call 
Report or other regulatory reports, including for uninsured deposits, 
and information on whether more detailed or more frequent reporting on 
characteristics of or types of deposits could improve the accuracy and 
transparency of data reported on the Call Report or other regulatory 
reports.

III. Request for Comment

    The FDIC is seeking information and comment on deposit data that is 
not currently reported in the Call Report or other regulatory reports, 
including for uninsured deposits. The FDIC seeks to gather information 
on characteristics that affect the stability and franchise value of 
different types of deposits and whether more detailed or more frequent 
reporting on these characteristics or types of deposits could enhance 
offsite risk and liquidity monitoring; inform analysis of the benefits 
and costs associated with additional deposit insurance coverage for 
certain types of deposits; improve risk sensitivity in deposit 
insurance pricing; and provide analysts and the general public with 
accurate and transparent data.
    Additional information provided through this request, or through 
potential enhancements in the granularity of deposit reporting, also 
would promote transparency and efficiencies in the bank resolution 
process, including estimation of payment to insured depositors and 
processing claims that exceed the insurance limit. The benefits from 
any enhancements in the granularity of deposit reporting would need to 
be considered in conjunction with any increase in regulatory reporting 
burden.
    The FDIC encourages comments from all interested parties, including 
but not limited to IDIs, depositors and financial consumers, businesses 
that utilize various types of payroll and payment accounts, consumer 
groups, researchers, trade associations, and other members of the 
financial services industry. In particular, the FDIC requests input on 
the following questions:

Questions on Banks' Internal Deposit Information

    Question 1: How do banks measure or evaluate the stability of 
different types of uninsured deposits? For example, do banks measure or 
track characteristics such as length or type of depositor relationship, 
duration, depositor proximity, or rates paid by account type?
    a. What are the different types of collateralized or secured 
deposits and what are the reasons for collateralization? Do banks 
monitor the uninsured portion of collateralized or secured deposits 
separately from the insured portion?
    b. How do banks monitor intercompany deposits such as deposits with 
affiliates, subsidiaries, sweep deposits, or any bank-owned deposit 
account?
    c. How do banks measure or evaluate the stability of operational 
deposits and non-operational deposits?
    d. To what extent, if any, do banks rely on deposit categories as 
defined for

[[Page 63950]]

regulatory reporting to determine stability?
    e. Is there additional data on uninsured deposit components that 
banks collect and maintain internally?
    f. What additional information would be helpful to the FDIC, the 
banking industry, and the public in demonstrating the stability of 
uninsured deposits?
    Question 2: What are the challenges in calculating and reporting 
uninsured deposits on the Call Report?
    a. How do banks estimate uninsured deposits for omnibus and other 
accounts that contain deposits owned by various parties where the 
underlying customer data is not maintained by the bank?
    Question 3: As discussed in the appendix, 12 CFR part 370 (part 
370) generally requires covered institutions to maintain complete and 
accurate records regarding the ownership and insurability of deposits 
(except as otherwise provided) and to have an information technology 
system that can be used to calculate deposit insurance coverage in the 
event of failure. These capabilities would facilitate the FDIC's prompt 
payment of deposit insurance and enhance the FDIC's ability to 
implement the least costly resolution of these covered 
institutions.\19\ However, the FDIC understands that some institutions 
that are subject to the requirements of part 370 do not necessarily use 
information from their part 370 recordkeeping and insurance calculation 
capabilities for purposes of reporting uninsured deposits on the Call 
Report. For some part 370 covered institutions, what is the reasoning 
for not using the same methodology from their part 370 recordkeeping 
and insurance calculation capabilities to report uninsured deposits on 
the Call Report?
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    \19\ 12 CFR part 370.
---------------------------------------------------------------------------

    a. For part 370 covered institutions, how long would it take to 
effectively use part 370 calculation-generated insured and uninsured 
information to report data on Call Report Schedule RC-O,--Other Data 
for Deposit Insurance Assessments, instead of other estimated measures?
    b. Where other estimated measures are used, has analysis been 
performed to evaluate the margin of difference between those estimates 
and the calculation produced using part 370 capabilities? If so, what 
are those margin differences?
    c. Do institutions collect additional deposit information from 
customers that is not reported in part 370 output files (e.g. customer 
classifications, account categorizations, etc.)
    Question 4: For what other types of deposits, which are not already 
reported on the Call Report or other data collections, do banks collect 
and maintain data internally and at what frequency?
    a. How are these types of deposits defined?
    b. How does data on these types of deposits help inform analysis of 
bank liability structure, risk, and funding stability?
    c. Of the data collected and maintained internally, what 
information could be provided at little or no burden? What challenges 
may occur in reporting this information?
    d. Of the information collected and maintained internally, what 
information could be provided pertaining to foreign deposits and how 
the deposits are payable (dually or not dually payable)?

Questions on Potential Additional Data Items

    Question 5: What, if any, additional data, including more granular 
or more frequently reported data, should the FDIC, in conjunction with 
other members of the FFIEC, consider collecting on the Call Report or 
another data collection to better inform the public and agencies' 
understanding of different types of depositor behavior? What specific 
additional data, such as length or type of depositor relationship, 
duration, depositor proximity, or rates paid by account type, would be 
the most helpful to collect, if any?
    a. Should data collections include particular types of deposits or 
uninsured deposits? If so, which types and at what frequency? What are 
the benefits or challenges of maintaining and reporting average values 
of such data for a given frequency?
    b. Should data collections include different measures of 
concentrations of deposits, such as by deposit account size, depositor 
type, or industry? If so, which thresholds, types, and industries are 
appropriate and why?
    c. Should collection of additional data be limited to certain 
reporting thresholds, based on, for example, consolidated asset size, 
amount of the item to be reported, or some other activity-based 
threshold? Why or why not? What type of burdens would collection of 
additional data place on institutions?
    d. Should collection of any additional, more granular, data on 
deposits be afforded confidential treatment? If so, please explain why.
    e. To what extent should data collections require consistency 
across different definitions and information reported on deposits, 
including deposit liabilities, operational deposits, and other types of 
deposits, between the Call Report and other data collections?
    f. How helpful would standardized reporting definitions, including 
for operational and non-operational deposits, be to the FDIC, the 
banking industry, and the public?
    g. If the agencies were to consider collecting additional 
information, is there any information that the agencies currently 
collect that commenters believe is less useful, overly burdensome, and 
should no longer be collected?

Questions on Deposit Data To Inform Conversations on Deposit Insurance 
Coverage

    As mentioned in section II.B. of this document, the May 2023 
report, ``Options for Deposit Insurance Reform,'' notes that Targeted 
Coverage would provide substantial additional coverage to meet ongoing 
payment and operational needs of businesses, which is expected to yield 
large financial stability benefits relative to its costs. However, 
Targeted Coverage is one of three options examined in the report, and 
each option has strengths and weaknesses. The proposed options require 
an act of Congress.
    Question 6: If Congress were to consider deposit insurance reform, 
what are the pros and cons of the options described in the FDIC's May 
2023 report? Do commenters have additional data that could help inform 
the discussion?
    Question 7: If Congress were to pursue increased coverage for 
particular types of deposit accounts, but not all deposits, what type 
of deposits should be included?
    Question 8: If Congress were to pursue increased coverage for 
``business payment accounts,'' as described in the May 2023 report, 
what are the specific definitions commenters would recommend and why?
    a. What features of an account would indicate that it is a 
``business payment account,'' and are these features quantifiable and 
readily available?
    b. Should such a definition be limited to coverage of accounts 
linked to payroll at businesses, include accounts linked to operations 
such as payroll, or otherwise be defined? Should such a definition 
consider the existing definition for ``operational deposits,'' as 
defined in 12 CFR 329.3?
    Question 9: What burden or challenges would be associated with 
providing new deposit data items, such as ``business payment accounts'' 
or similar accounts linked to payroll, vendors, or operations?

[[Page 63951]]

Other Comments

    Question 10: Please provide any other comment or information that 
would be useful for the FDIC to consider.

Appendix: Relevant Information on Deposit Liabilities Available From 
the Call Report and Other Regulatory Reports

    Certain institutions report or maintain information on deposit 
liabilities through existing recordkeeping systems and information 
collections, including the Call Report and the Summary of Deposits 
Survey, among others. However, in most cases, the granularity of the 
data collected on deposits in these reports may be limited in 
supporting the efforts herein.

A. Deposit Liabilities on the Call Report

    The Call Report is a primary source of financial data used for the 
supervision and regulation of banks. Banks file the Call Report 
quarterly, as of the last calendar day of March, June, September, and 
December. The Call Report consists of a balance sheet, an income 
statement, and supporting schedules. The Report of Condition schedules 
provide details on assets, liabilities, and capital accounts. The 
Report of Income schedules provide details on income and expense 
accounts.
    The FDI Act requires each IDI to report the total amount of the 
liability of the depository institution for deposits in the main office 
and in any domestic branch according to the definition of the term 
``deposit,'' \20\ and provided other requirements are met.\21\ The FDI 
Act also requires the FDIC to collect information from each IDI on a 
regular basis on the total amount of all insured deposits, preferred 
deposits, and uninsured deposits at the IDI.\22\
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    \20\ ``Deposit'' is defined in section 3(l) and ``domestic 
branch'' is defined in section 3(o) of the FDI Act; 12 U.S.C. 
1813(l) and (o).
    \21\ Section 7(a)(4) of the FDI Act; 12 U.S.C. 1817(a)(4).
    \22\ Section 7(a)(9) of the FDI Act; 12 U.S.C. 1817(a)(9).
---------------------------------------------------------------------------

    Institutions report deposit liability information primarily on 
Schedule RC-E--Deposit Liabilities and Schedule RC-O--Other Data for 
Deposit Insurance Assessments. Additional information for certain 
deposit liability items is reported on Schedule RC--Balance Sheet, 
Schedule RC-K--Quarterly Averages, and for certain institutions on 
Schedule RC-Q--Assets and Liabilities Measured at Fair Value on a 
Recurring Basis. Schedule RC-E is also divided into two parts on the 
FFIEC 031, Part I, which requests data on deposits in domestic offices, 
and Part II, which requests data on deposits in foreign offices 
(including Edge and Agreement subsidiaries and International Banking 
Facilities).

B. Transaction and Nontransaction Accounts Including Savings Deposits 
on the Call Report

    Despite certain distinctions on the Call Report, regulatory changes 
and the economic environment have blurred the distinctions between some 
deposit account categories over time. For example, historically, 
regulatory restrictions--such as interest rate caps and withdrawal 
limits--delineated between the payment and investment functions of 
deposits. Amendments to Regulation D and the repeal of Regulation Q 
have removed some of the historical differences.\23\
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    \23\ See Options for Deposit Insurance Reform, FDIC, May 1, 
2023, at 20-21, for further information. Available at: https://www.fdic.gov/analysis/options-deposit-insurance-reforms/report/options-deposit-insurance-reform-full.pdf.
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    For Call Report purposes, with a few exceptions, a ``transaction 
account,'' is defined as a deposit or account from which the depositor 
or account holder is permitted to make transfers or withdrawals by 
negotiable or transferable instruments, payment orders of withdrawal, 
telephone transfers, or other similar devices for the purpose of making 
payments or transfers to third persons or others or from which the 
depositor may make third-party payments at an automated teller machine, 
a remote service unit, or another electronic device, including by debit 
card.\24\
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    \24\ See FFIEC 031 and FFIEC 041 Instructions for Preparation of 
Consolidated Reports of Condition and Income, Glossary entry for 
``Deposits.'' Available at: https://www.ffiec.gov/pdf/FFIEC_forms/FFIEC031_FFIEC041_202403_i.pdf.
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    Savings deposits are deposits with respect to which the depositor 
is not required by the deposit contract, but may at any time be 
required by the depository institution, to give written notice of an 
intended withdrawal not less than seven days before withdrawal is made, 
and that is not payable on a specified date or at the expiration of a 
specified time after the date of deposit. For Call Report purposes, 
savings deposits (both money market deposit accounts and other savings 
deposits) are excluded from transaction accounts.\25\
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    \25\ Regulation D (12 CFR part 204) classifies savings deposits 
as a type of transaction account. However, for Call Report purposes, 
savings deposits are classified as a type of nontransaction account. 
See FFIEC 031 and FFIEC 041 Instructions for Preparation of 
Consolidated Reports of Condition and Income, Glossary entry for 
``Deposits.'' Available at: https://www.ffiec.gov/pdf/FFIEC_forms/FFIEC031_FFIEC041_202403_i.pdf.
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    Banks report transaction and nontransaction accounts by depositor 
type on Schedule RC-E, items 1 through 6. Additionally on Schedule RC-
E, banks report components of transaction and nontransaction accounts 
as well as maturity and repricing data for time deposits. On Schedule 
RC-K, banks report quarterly averages of interest-bearing transaction 
accounts and certain components of nontransaction accounts: savings 
deposits, time deposits of $250,000 or less, and time deposits of more 
than $250,000. On Schedule RC-O, banks reported the number and amount 
of noninterest-bearing transaction accounts of more than $250,000 from 
2008 through 2013, when such accounts were guaranteed under the 
Transaction Account Guarantee Program or provided unlimited deposit 
insurance coverage under the Dodd-Frank Wall Street Reform and Consumer 
Protection Act.

C. Uninsured Deposits on the Call Report

    Currently, banks report estimated uninsured deposits on Schedule 
RC-O in the Call Report. Specifically, banks with $1 billion or more in 
total assets \26\ report on Schedule RC-O, Memorandum item 2, the 
estimated amount of uninsured deposits in domestic offices of the bank 
and in insured branches in Puerto Rico and U.S. territories and 
possessions, including related interest accrued and unpaid.
---------------------------------------------------------------------------

    \26\ The $1 billion asset-size test is based on the total assets 
reported on the prior year's Report of Condition as of June 30.
---------------------------------------------------------------------------

    For Schedule RC-O, Memorandum item 2, the estimated amount of 
uninsured deposits reported in this item should be based on the bank's 
deposits included in Schedule RC-O, item 1, ``Total deposit liabilities 
before exclusions (gross) as defined in section 3(l) of the Federal 
Deposit Insurance Act and FDIC regulations,'' less item 2, ``Total 
allowable exclusions, including interest accrued and unpaid on 
allowable exclusions (including foreign deposits).'' In addition, for 
some deposits, banks should make a reasonable estimate of the portion 
of its deposits that are uninsured using the data available from its 
information systems.\27\ In preparing this estimate, in addition to 
instructions for specific deposit items, if the bank has automated 
information systems in place that enable it to identify, for example, 
jointly owned accounts and estimate the deposit

[[Page 63952]]

insurance coverage of these deposits, the higher level of insurance 
afforded these joint accounts should be taken into consideration. 
Similarly, if the bank has automated information systems in place that 
enable it to classify accounts by deposit owner and/or ownership 
capacity, the bank should incorporate this information into its 
estimate of the amount of uninsured deposits by aggregating accounts 
held by the same deposit owner in the same ownership capacity before 
applying the $250,000 insurance limit. In the absence of automated 
information systems, a bank may use nonautomated information such as 
paper files or less formal knowledge of its depositors if such 
information provides reasonable estimates of appropriate portions of 
its uninsured deposits.\28\
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    \27\ See FFIEC 031 and FFIEC 041 Instructions for Preparation of 
Consolidated Reports of Condition and Income, SCHEDULE RC-O--OTHER 
DATA FOR DEPOSIT INSURANCE ASSESSMENTS, pg. RC-O-15--RC-O-17. 
Available at: https://www.ffiec.gov/pdf/FFIEC_forms/FFIEC031_FFIEC041_202403_i.pdf.
    \28\ Ibid.
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    For institutions with less than $1 billion in assets that do not 
report estimated uninsured deposits, the FDIC calculates estimated 
uninsured deposits based on other Call Report data items. For example, 
for purposes of the FDIC Quarterly Banking Profile, the FDIC calculates 
estimated uninsured deposits for institutions that do not report such 
deposits on the Call Report as the amount of deposit and retirement 
accounts with balances greater than the standard maximum deposit 
insurance amount (SMDIA), currently $250,000, minus the portion that is 
insured.\29\ The insured portion is estimated by multiplying the number 
of accounts with balances greater than the SMDIA, as reported on the 
Call Report, by the SMDIA. The data underlying this calculation comes 
from Schedule RC-O, Memorandum 1 subitems.
---------------------------------------------------------------------------

    \29\ See FDIC Quarterly Banking Profile for First Quarter 2024, 
at 38 (definition of ``Estimated uninsured deposits''). Available 
at: https://www.fdic.gov/analysis/quarterly-banking-profile/qbp/2024mar/qbp.pdf#page=38.
---------------------------------------------------------------------------

    For the December 31 reporting period only, institutions report 
preferred deposits on Schedule RC-E. Specifically, in Schedule RC-E, 
Memorandum item 1.e, banks are required to report preferred deposits 
(uninsured deposits of states and political subdivisions in the U.S. 
which are secured or collateralized as required under state law). As a 
result, data on preferred deposits are available on an annual basis 
only, and banks do not report other types of collateralized deposits on 
the Call Report. Preferred deposits are the only component of uninsured 
deposits banks report separately on the Call Report.
    While banks are required to provide certain data on deposit 
liabilities on Schedules RC-E and RC-O, banks do not report 
comprehensive data on the composition of insured and uninsured 
deposits. The FDIC is seeking to further evaluate whether and to what 
extent certain types of deposits may behave differently from each 
other, particularly during periods of economic or financial stress. For 
example, while in the FDIC's view the presence of collateral does not 
fully mitigate deposit runoff risk, uninsured deposits that are secured 
by collateral may be less likely to run in a liquidity stress event 
compared to other types of uninsured deposits, or the collateral may be 
subject to a loss in value that may need to be realized. Additional 
data on the behavior of these types of uninsured deposits, and the 
associated collateral securing the deposits, could provide pertinent 
information on the risk of these uninsured deposits.

D. Insured Deposits on the Call Report

    Institutions do not report information on total insured deposits on 
the Call Report. Certain Memoranda items on Schedule RC-E break out 
components of some types of deposits that are above or below the SMDIA. 
For example, institutions report brokered deposits of $250,000 or less 
(fully insured brokered deposits), time deposits of $250,000 or less, 
and fully insured affiliate and non-affiliate sweep deposits.
    Estimated insured deposits can be calculated using reported 
estimated uninsured deposits. For example, in the FDIC Quarterly 
Banking Profile, in general, the FDIC calculates estimated insured 
deposits as total deposit liabilities after exclusions minus estimated 
uninsured deposits.\30\ As mentioned previously, uninsured deposits for 
institutions that do not report estimated uninsured deposits can be 
calculated from the Schedule RC-O Memorandum 1, subitems a through d. 
This calculated estimate of uninsured deposits can also be subtracted 
from deposit liabilities after exclusions to estimate insured deposits.
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    \30\ Ibid.
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E. Sweep Deposits on the Call Report

    Beginning with the September 30, 2021, Call Report, institutions 
are required to report deposits held at the reporting institution by a 
customer or counterparty through a contractual feature that 
automatically transfers to the reporting institution from another 
regulated financial company at the close of each business day amounts 
under the agreement governing the account from which the amount is 
being transferred, or sweep deposits, on the Memoranda to Schedule RC-
E. Specifically, institutions report sweep deposits based on both fully 
insured or not fully insured classification, and affiliate or non-
affiliate classification, in Schedule RC-E, Memorandum items 1.h.(1) 
through 1.h.(4). Additionally, institutions report total sweep deposits 
that are not brokered deposits in Schedule RC-E, Memorandum item 1.i. 
Institutions filing the FFIEC 031 or FFIEC 041 Call Report are required 
to report these items quarterly, and institutions filing the FFIEC 051 
Call Report are required to report these items semiannually in the June 
and December report only. In addition, institutions with $100 billion 
or more in total assets report retail sweep deposits based on both 
fully insured or not fully insured classification, and affiliate or 
non-affiliate classification, in Schedule RC-E, Memorandum items 
1.h.(1) through 1.h.(4) subitems on the FFIEC 031 Call Report.

F. Summary of Deposits Survey

    The Summary of Deposits (SOD) is the annual survey of branch office 
deposits as of June 30 for all FDIC-insured institutions, including 
insured U.S. branches of foreign banks. The SOD Survey is a unique 
source of information about the number and physical locations of the 
tens of thousands of bank offices across the United States. The SOD 
data also includes a dollar amount of domestic deposits for each bank 
office. While SOD data is informative, it has some limitations due to 
the varying methods used by banks for attributing deposits to bank 
offices.

G. Recordkeeping for Timely Deposit Insurance Determination

    To pay deposit insurance in the event of a bank failure, the FDIC 
uses a failed IDI's records to aggregate the amounts of all deposits 
that are maintained by a depositor in the same right and capacity and 
then applies the SMDIA, currently $250,000 per right and capacity.\31\
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    \31\ 12 U.S.C. 1821(a)(1)(C) and (E).
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    In 2008, the FDIC adopted a final rule on Large Bank Deposit 
Insurance Determination Modernization to ensure that depositors have 
access to their funds as soon as possible in the event of a bank 
failure. In the event of a failure, the rule allows the FDIC to use the 
covered institution's deposit system(s) provisional hold capabilities 
to give depositors uninterrupted access to preliminary insurance funds, 
while the FDIC works to complete the final insurance determination. The 
rule was applicable to banks reporting at least $2 billion in domestic 
deposits and either

[[Page 63953]]

250,000 deposit accounts, or $20 billion in total assets.\32\ In 2017, 
the FDIC adopted 12 CFR part 370 to implement additional measures to 
ensure prompt and accurate payment of deposit insurance to depositors 
of the larger IDIs that qualify as covered institutions.\33\
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    \32\ 12 CFR 360.9. See 73 FR 41180 (July 17, 2008).
    \33\ 12 CFR part 370. See 81 FR 87734 (Dec. 5, 2016). See also 
84 FR 37020 (July 30, 2019).
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    The FDIC generally relies on the failed IDI's deposit account 
records to identify deposit owners and the right and capacity in which 
deposits are insured.\34\ Section 7(a)(9) of the FDI Act authorizes the 
FDIC to take action as necessary to ensure that each IDI maintains, and 
the FDIC receives on a regular basis from such IDI, information on the 
total amount of all insured deposits and uninsured deposits at the 
IDI.\35\ Part 370 generally requires covered institutions to maintain 
complete and accurate records regarding the ownership and insurability 
of deposits (except as otherwise provided) and to have an information 
technology system that can be used to calculate deposit insurance 
coverage in the event of failure. These capabilities would facilitate 
the FDIC's prompt payment of deposit insurance and enhance the FDIC's 
ability to implement the least costly resolution of these covered 
institutions.
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    \34\ 12 U.S.C. 1822(c); 12 CFR 330.5.
    \35\ 12 U.S.C. 1817(a)(9).
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H. Deposit Liabilities on Other Data Collections

    Certain institutions report information on deposit liabilities 
through other information collections, including the Complex 
Institution Liquidity Monitoring Report (FR 2052a), Report of Deposits 
and Vault Cash (FR 2900), the Systemic Risk Report (FR Y-15), and the 
Weekly Report of Selected Assets and Liabilities of Domestically 
Chartered Commercial Banks and U.S. Branches and Agencies of Foreign 
Banks (FR 2644). However, reporting requirements for most of these data 
collections are limited to the largest institutions or a subset of all 
IDIs. In most cases, the granularity of the data collected on deposits 
in these reports may also be limited in informing the efforts herein.

Federal Deposit Insurance Corporation.

    By order of the Board of Directors.

    Dated at Washington, DC, on July 30, 2024.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2024-17298 Filed 8-5-24; 8:45 am]
BILLING CODE 6714-01-P


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