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

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Published

September 21, 2021

Issuing agencies

Federal Deposit Insurance Corporation

Abstract

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

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<title>Federal Register, Volume 86 Issue 180 (Tuesday, September 21, 2021)</title>
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[Federal Register Volume 86, Number 180 (Tuesday, September 21, 2021)]
[Notices]
[Pages 52463-52467]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20306]

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FEDERAL DEPOSIT INSURANCE CORPORATION

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

AGENCY: Federal Deposit Insurance Corporation (FDIC).

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

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

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

ADDRESSES: Interested parties are invited to submit written comments to
the FDIC by any of the following methods:
<bullet> <a href="https://www.FDIC.gov/regulations/laws/federal">https://www.FDIC.gov/regulations/laws/federal</a>.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#1a797577777f746e695a7c7e7379347d756c"><span class="__cf_email__" data-cfemail="9dfef2f0f0f8f3e9eeddfbf9f4feb3faf2eb">[email&#160;protected]</span></a>. Include the name and number of
the collection in the subject line of the message.
<bullet> Mail: Manny Cabeza (202-898-3767), Regulatory Counsel, MB-
3128, Federal Deposit Insurance Corporation, 550 17th Street NW,
Washington, DC 20429.
<bullet> Hand Delivery: Comments may be hand-delivered to the guard
station at the rear of the 17th Street building (located on F Street),
on business days between 7:00 a.m. and 5:00 p.m.
Written comments and recommendations for the proposed information
collection should be sent within 30 days of publication of this notice
to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Manny Cabeza, Regulatory Counsel,
202-898-3767, <a href="/cdn-cgi/l/email-protection#ed808e8c8f88978cad8b89848ec38a829b"><span class="__cf_email__" data-cfemail="fe939d9f9c9b849fbe989a979dd0999188">[email&#160;protected]</span></a>, MB-3128, Federal Deposit Insurance
Corporation, 550 17th Street NW, Washington, DC 20429.

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

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

Summary of Annual Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Estimated
Estimated Estimated average time per annual
Information collection description Type of burden Obligation to respond number of frequency of response response burden
respondents (hours) (hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notice of Branch Closure............ Reporting.............. Mandatory.............. 178 4.388................. 2 1,562
Adoption of Branch Closure Policy... Recordkeeping.......... Mandatory.............. 22 On Occasion........... 8 176
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Total Estimated Annual Burden: 1,738 hours.
General Description of Collection: Section 42 of the Federal
Deposit Insurance Act mandates that an insured depository institution
closing a branch notify its primary federal regulator not later than 90
days prior to the closing. The statute also provides that a notice be
posted on the premises of the branch for the 30-day period immediately
prior to the closing and that the customers be notified in a mailing at
least 90 days prior to the closing. Each insured depository institution
that has one or

[[Page 52464]]

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

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

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

Summary of Annual Burden
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Estimated Estimated Total annual
Type of burden Obligation to number of frequency of Estimated time Frequency of estimated
respond respondents responses per response response burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
Implementation
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Posting and removing Recordkeeping.... Mandatory........ 7 1 150 One time......... 1,050
provisional holds--360.9(c)(1)
and (2).
Providing standard data format Recordkeeping.... Mandatory........ 7 1 110 One time......... 770
for deposit account and
customer information--
360.9(d)(1).
Notification of identity of Reporting........ Mandatory........ 7 1 8 One time......... 56
person responsible for
producing standard data
downloads--360.9(c)(3).
Request for exemption from Reporting........ Voluntary........ 1 1 20 On occasion...... 20
provisional hold requirements--
360.9(c)(9).
Provide deposit account and Reporting........ Mandatory........ 7 1 40 On occasion...... 280
customer information in
required standard format--
360.9(d)(3).
Request for extension of Reporting........ Voluntary........ 1 1 20 On occasion...... 20
compliance deadline--
360.9(e)(7).
Request for exemption--360.9(f) Reporting........ Voluntary........ 1 1 20 On occasion...... 20
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Total Implementation Burden ................. ................. .............. .............. .............. ................. 2,216
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[[Page 52465]]

Ongoing
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Notification of identity of Reporting........ Mandatory........ 126 1 8 One time......... 1,008
person responsible for
producing standard data
downloads--360.9(c)(3).
Request for exemption from Reporting........ Voluntary........ 1 1 20 On occasion...... 20
provisional hold requirements--
360.9(c)(9).
Request for exemption--360.9(f) Reporting........ Voluntary........ 1 1 20 On occasion...... 20
Test compliance with 360.9 (c)- Reporting........ Mandatory........ 40 1 80 On occasion...... 3,200
(d) pursuant to 360.9(h).
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Total Ongoing Burden....... ................. ................. .............. .............. .............. ................. 4,248
----------------------------------------------------------------------------------
Total Estimated Annual ................. ................. .............. .............. .............. ................. 6,464
Burden.
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General Description of Collection: Upon the failure of an FDIC-
insured depository institution, the FDIC is required to pay insured
deposits as soon as possible. To do so, the FDIC must be able to
quickly determine the total insured amount for each depositor. To make
this determination, the FDIC must ascertain the balances of all deposit
accounts owned by the same depositor in the same ownership capacity at
a failed institution as of the day of failure. The FDIC issued a
regulation (12 CFR 360.9) (Section 360.9) to modernize the process of
determining the insurance status of each depositor in the event of
failure of a covered institution. The FDIC requires institutions that
are covered under Section 360.9 to have mechanisms in place that will
automatically place a provisional hold on domestic and foreign deposit
accounts, and sweep and automated credit account arrangements, in the
event that a covered institution is close to failing. A ``provisional
hold'' is defined in 12 CFR Section 360.9(b)(6) as ``an effective
restriction on access to some or all of a deposit or other liability
account after the failure of an insured depository institution.''
Section 360.9 also requires institutions to have in place practices and
procedures for providing the FDIC, in a standard format upon the close
of any day's business, certain data on the accounts and customers of
the institution, and to provide the FDIC with this information upon
request. The purpose of these requirements is to allow the deposit and
other operations of a covered institution to continue functioning on
the day following failure, and to permit the FDIC to fulfill its legal
requirement to promptly provide liquidity to depositors of a failed
institution. This information also helps to ensure equitable treatment
of depositors at different institutions, and helps to preserve the
franchise value of a failed institution, thereby reducing costs to the
FDIC in the event that a covered institution fails.
FDIC-insured depository institutions (IDIs) that are covered by
Section 360.9 are defined in Section 360.9(b)(1) as having at least $2
billion in deposits and either (1) 250,000 or more deposit accounts, or
(2) $20 billion or more in assets, regardless of the number of deposit
accounts. IDIs that meet this criteria for two consecutive quarters
qualify as covered institutions.
This information collection consists of seven distinct reporting
and recordkeeping requirements (ICs) that impose annual implementation
burden on covered institutions. Four of these seven reporting
requirements entail an ongoing burden component: (1) Section
360.9(c)(3) (IC requirements C and H, below) requires covered
institutions to provide certain information to the FDIC both while the
institution is implementing the systems required under 360.9 (IC
requirement C) and on an ongoing basis (IC requirement H); (2) Section
360.9(c)(9) (IC requirements D and I, below) permits institutions to
request an exemption from certain requirements of Section 360.9.
Institutions could submit such requests either while they are
implementing the systems required under Section 360.9 (IC requirement
D) or after they are already in compliance with Section 360.9 (IC
requirement I); (3) Section 360.9(f) (IC requirements G and J, below)
permits institutions to request an exemption from all of the
requirements of Section 360.9 under certain conditions. Institutions
could submit such requests either while they are implementing the
systems required under Section 360.9 (IC requirement G) or after they
are already in compliance with Section 360.9 (IC requirement J). Since
reporting by institutions pursuant to Sections 360.9(c)(3),
360.9(c)(9), and 360.9(f) are counted as both implementation and
ongoing requirements, this IC contains eleven \1\ requirements in
total. These requirements, with corresponding CFR sections, are listed
and described as follows:
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\1\ 8 distinct requirements, plus 3 requirements that are
counted as both implementation and ongoing requirements, brings the
total number of requirements for this IC to 11.

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

[[Page 52466]]

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

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

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

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

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

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

Summary of Annual Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Estimated
Estimated Estimated frequency time per annual
Information collection description Type of burden Obligation to respond number of of responses response burden
respondents (hours) (hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Disclosure Requirements Associated Disclosure............. Mandatory.............. 5 Quarterly............. 5 100
with Supplementary Leverage Ratio
(12 CFR 324.172 and 173).
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[[Page 52467]]

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

Request for Comment

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

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

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

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