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Notice2023-13861

Proposed Agency Information Collection Activities; Comment Request

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Published
June 29, 2023

Issuing agencies

Treasury DepartmentComptroller of the CurrencyFederal Reserve SystemFederal Deposit Insurance Corporation

Abstract

In accordance with the requirements of the Paperwork Reduction Act of 1995 (PRA), the OCC, the Board, and the FDIC (the agencies) may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The Federal Financial Institutions Examination Council (FFIEC), of which the agencies are members, has approved the agencies' publication for public comment of a proposal to extend for three years, without revision, the Regulatory Capital Reporting for Institutions Subject to the Advanced Capital Adequacy Framework (FFIEC 101), which is currently an approved collection of information for each agency. At the end of the comment period for this notice, the FFIEC and the agencies will review any comments received. As required by the PRA, the agencies will then publish a second Federal Register notice for a 30-day comment period and submit the final FFIEC 101 to OMB for review and approval.

Full Text

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<title>Federal Register, Volume 88 Issue 124 (Thursday, June 29, 2023)</title>
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[Federal Register Volume 88, Number 124 (Thursday, June 29, 2023)]
[Notices]
[Pages 42131-42132]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13861]



[[Page 42131]]

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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency

FEDERAL RESERVE SYSTEM

FEDERAL DEPOSIT INSURANCE CORPORATION


Proposed Agency Information Collection Activities; Comment 
Request

AGENCY: Office of the Comptroller of the Currency (OCC), Treasury; 
Board of Governors of the Federal Reserve System (Board); and Federal 
Deposit Insurance Corporation (FDIC).

ACTION: Joint notice and request for comment.

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SUMMARY: In accordance with the requirements of the Paperwork Reduction 
Act of 1995 (PRA), the OCC, the Board, and the FDIC (the agencies) may 
not conduct or sponsor, and the respondent is not required to respond 
to, an information collection unless it displays a currently valid 
Office of Management and Budget (OMB) control number. The Federal 
Financial Institutions Examination Council (FFIEC), of which the 
agencies are members, has approved the agencies' publication for public 
comment of a proposal to extend for three years, without revision, the 
Regulatory Capital Reporting for Institutions Subject to the Advanced 
Capital Adequacy Framework (FFIEC 101), which is currently an approved 
collection of information for each agency. At the end of the comment 
period for this notice, the FFIEC and the agencies will review any 
comments received. As required by the PRA, the agencies will then 
publish a second Federal Register notice for a 30-day comment period 
and submit the final FFIEC 101 to OMB for review and approval.

DATES: Comments must be submitted on or before August 28, 2023.

ADDRESSES: Interested parties are invited to submit written comments to 
any or all of the agencies. All comments, which should refer to the OMB 
control number(s), will be shared among the agencies.
    OCC: Commenters are encouraged to submit comments by email, if 
possible. You may submit comments by any of the following methods:
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#f48486959d9a929bb49b9797da8086919587da939b82"><span class="__cf_email__" data-cfemail="10606271797e767f507f73733e64627571633e777f66">[email&#160;protected]</span></a>.
    <bullet> Mail: Chief Counsel's Office, Attention: Comment 
Processing, Office of the Comptroller of the Currency, Attention: 1557-
0239, 400 7th Street SW, Suite 3E-218, Washington, DC 20219.
    <bullet> Hand Delivery/Courier: 400 7th Street SW, Suite 3E-218, 
Washington, DC 20219.
    Instructions: You must include ``OCC'' as the agency name and 
``1557-0239'' in your comment. In general, the OCC will publish 
comments on <a href="http://www.reginfo.gov">www.reginfo.gov</a> without change, including any business or 
personal information provided, such as name and address information, 
email addresses, or phone numbers. Comments received, including 
attachments and other supporting materials, are part of the public 
record and subject to public disclosure. Do not include any information 
in your comment or supporting materials that you consider confidential 
or inappropriate for public disclosure.
    Viewing Comments Electronically: Go to <a href="http://www.reginfo.gov">www.reginfo.gov</a>. Hover over 
the ``Information Collection Review'' drop down menu and select 
``Information Collection Review.'' From the ``Currently under Review'' 
drop-down menu, select ``Department of Treasury'' and then click 
``submit.'' This information collection can be located by searching by 
OMB control number ``1557-0239'' or ``Regulatory Capital Reporting for 
Institutions Subject to the Advanced Capital Adequacy Framework (FFIEC 
101).'' Upon finding the appropriate information collection, click on 
the related ``ICR Reference Number.'' On the next screen, select ``View 
Supporting Statement and Other Documents'' and then click on the link 
to any comment listed at the bottom of the screen.
    For assistance in navigating <a href="http://www.reginfo.gov">www.reginfo.gov</a>, please contact the 
Regulatory Information Service Center at (202) 482-7340.
    Board: You may submit comments, which should refer to ``FFIEC 
101,'' by any of the following methods:
    <bullet> Agency Website: <a href="http://www.federalreserve.gov">http://www.federalreserve.gov</a>. Follow the 
instructions for submitting comments at: <a href="http://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm">http://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm</a>.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#ccbea9abbfe2afa3a1a1a9a2b8bf8caaa9a8a9beada0bea9bfa9bebaa9e2aba3ba"><span class="__cf_email__" data-cfemail="74061113075a171b1919111a00073412111011061518061107110602115a131b02">[email&#160;protected]</span></a>. Include ``FFIEC 
101'' in the subject line of the message.
    <bullet> Fax: (202) 452-3819 or (202) 452-3102.
    <bullet> Mail: Ann E. Misback, Secretary, Board of Governors of the 
Federal Reserve System, 20th Street and Constitution Avenue NW, 
Washington, DC 20551.
    All public comments are available from the Board's website at 
<a href="https://www.federalreserve.gov/apps/foia/proposedregs.aspx">https://www.federalreserve.gov/apps/foia/proposedregs.aspx</a> as 
submitted, unless modified for technical reasons. Accordingly, your 
comments will not be edited to remove any identifying or contact 
information.
    FDIC: You may submit comments, which should refer to ``FFIEC 101,'' 
by any of the following methods:
    <bullet> Agency Website: <a href="https://www.fdic.gov/resources/regulations/federal-register-publications/">https://www.fdic.gov/resources/regulations/federal-register-publications/</a>. Follow the instructions for 
submitting comments on the FDIC's website.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#b3d0dcdeded6ddc7c0f3f5f7faf09dd4dcc5"><span class="__cf_email__" data-cfemail="4c2f2321212922383f0c0a08050f622b233a">[email&#160;protected]</span></a>. Include ``FFIEC 101'' in the 
subject line of the message.
    <bullet> Mail: Manuel E. Cabeza, Counsel, Attn: Comments, Room MB-
3007, 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 550 17th Street NW building (located on F 
Street NW) on business days between 7 a.m. and 5 p.m.
    Public Inspection: All comments received will be posted without 
change to <a href="https://www.fdic.gov/resources/regulations/federal-register-publications/">https://www.fdic.gov/resources/regulations/federal-register-publications/</a>, including any personal information provided. Paper 
copies of public comments may be requested from the FDIC Public 
Information Center by telephone at (877) 275-3342 or (703) 562-2200.
    Additionally, commenters may send a copy of their comments to the 
OMB desk officers for the agencies by mail to the Office of Information 
and Regulatory Affairs, U.S. Office of Management and Budget, New 
Executive Office Building, Room 10235, 725 17th Street NW, Washington, 
DC 20503; by fax to (202) 395-6974; or by email to 
<a href="/cdn-cgi/l/email-protection#137c7a61724c6066717e7a60607a7c7d537c7e713d767c633d747c65"><span class="__cf_email__" data-cfemail="94fbfde6f5cbe7e1f6f9fde7e7fdfbfad4fbf9f6baf1fbe4baf3fbe2">[email&#160;protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: For further information about the 
information collections discussed in this notice, please contact any of 
the agency staff whose names appear below. In addition, copies of the 
FFIEC 101 reporting forms and instructions can be obtained at the 
FFIEC's website (<a href="https://www.ffiec.gov/ffiec_report_forms.htm">https://www.ffiec.gov/ffiec_report_forms.htm</a>).
    OCC: Kevin Korzeniewski, Counsel, Chief Counsel's Office, (202) 
649-5490, or for persons who are hearing impaired, TTY, (202) 649-5597. 
If you are deaf, hard of hearing, or have a speech disability, please 
dial 7-1-1 to access telecommunications relay services.
    Board: Nuha Elmaghrabi, Federal Reserve Board Clearance Officer, 
(202) 452-3884, Office of the Chief Data Officer, Board of Governors of 
the Federal Reserve System, 20th and C Streets NW, Washington, DC 
20551.

[[Page 42132]]

Telecommunications Device for the Deaf (TDD) users may call (202) 263-
4869.
    FDIC: Manuel E. Cabeza, Counsel, (202) 898-3767, Legal Division, 
Federal Deposit Insurance Corporation, 550 17th Street NW, Washington, 
DC 20429.

SUPPLEMENTARY INFORMATION: 
    Report Title: Regulatory Capital Reporting for Institutions Subject 
to the Advanced Capital Adequacy Framework.
    Form Number: FFIEC 101.
    Frequency of Response: Quarterly.
    Affected Public: Business or other for-profit.
    OCC:
    OMB Control No.: 1557-0239.
    Estimated Number of Respondents: 10 national banks and Federal 
savings associations.
    Estimated Time per Response: 674 burden hours per quarter to file 
for banks and Federal savings associations.
    Estimated Total Annual Burden: 26,960 burden hours to file.
    Board:
    OMB Control No.: 7100-0319.
    Estimated Number of Respondents: 4 State member banks; 5 bank 
holding companies and savings and loan holding companies that complete 
Supplementary Leverage Ratio (SLR) Tables 1 and 2 only; 9 other bank 
holding companies and savings and loan holding companies; and 6 
intermediate holding companies.
    Estimated Time per Response: 674 burden hours per quarter to file 
for State member banks; 3 burden hours per quarter to file for bank 
holding companies and savings and loan holding companies that complete 
Supplementary Leverage Ratio (SLR) Tables 1 and 2 only; 677 burden 
hours per quarter to file for other bank holding companies and savings 
and loan holding companies; and 3 burden hours per quarter to file for 
intermediate holding companies.
    Estimated Total Annual Burden: 10,784 burden hours for State member 
banks to file; 60 burden hours for bank holding companies and savings 
and loan holding companies that complete Supplementary Leverage Ratio 
(SLR) Tables 1 and 2 only to file; 24,372 burden hours for other bank 
holding companies and savings and loan holding companies to file; and 
72 burden hours for intermediate holding companies to file.
    FDIC:
    OMB Control No.: 3064-0159.
    Estimated Number of Respondents: 1 insured State nonmember bank and 
State savings association.
    Estimated Time per Response: 674 burden hours per quarter to file.
    Estimated Total Annual Burden: 2,696 burden hours to file.

General Description of Report

    Each advanced approaches institution \1\ is required to report 
quarterly regulatory capital data on the FFIEC 101. Each top-tier 
advanced approaches institution and Category III institution \2\ is 
required to report supplementary leverage ratio information on the 
FFIEC 101. The FFIEC 101 information collections are mandatory for 
advanced approaches and top-tier Category III banking organizations 
under the following authorities: 12 U.S.C. 161 (national banks), 12 
U.S.C. 324 (State member banks), 12 U.S.C. 1844(c) (bank holding 
companies), 12 U.S.C. 1467a(b) (savings and loan holding companies), 12 
U.S.C. 1817 (insured State nonmember commercial and savings banks), 12 
U.S.C. 1464 (Federal and State savings associations), and 12 U.S.C. 
1844(c), 3106, and 3108 (intermediate holding companies). Certain data 
items in this information collection are given confidential treatment 
under 5 U.S.C. 552(b)(4) and (8).
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    \1\ 12 CFR 3.100(b) (OCC); 12 CFR 217.100(b) (Board); 12 CFR 
324.100(b) (FDIC).
    \2\ 12 CFR 3.2 (OCC); 12 CFR 217.2 (Board); 12 CFR 324.2 (FDIC).
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    The agencies use data reported in the FFIEC 101 to assess and 
monitor the levels and components of each reporting entity's applicable 
capital requirements and the adequacy of the entity's capital under the 
Advanced Capital Adequacy Framework \3\ and the supplementary leverage 
ratio,\4\ as applicable; to evaluate the impact of the Advanced Capital 
Adequacy Framework and the supplementary leverage ratio, as applicable, 
on individual reporting entities and on an industry-wide basis and its 
competitive implications; and to supplement on-site examination 
processes. The reporting schedules also assist advanced approaches 
institutions and top-tier Category III banking organizations in 
understanding expectations relating to the system development necessary 
for implementation and validation of the capital rule and the 
supplementary leverage ratio, as applicable. Submitted data that are 
released publicly will also provide other interested parties with 
additional information about advanced approaches institutions' and top-
tier Category III institutions' regulatory capital.
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    \3\ 12 CFR part 3, subpart E (OCC); 12 CFR part 217, subpart E 
(Board); 12 CFR part 324, subpart E (FDIC).
    \4\ 12 CFR 3.10(c) (OCC); 12 CFR 217.10(c) (Board); 12 CFR 
324.10(c) (FDIC).
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Request for Comment

    The agencies invite comment on the following related topics to 
these collections of information:
    (a) Whether the information collections are necessary for the 
proper performance of the agencies' functions, including whether the 
information has practical utility;
    (b) The accuracy of the agencies' estimates of the burden of the 
information collections, including the validity of the methodology and 
assumption used;
    (c) Ways to enhance the quality, utility, and clarity of the 
information to be collected;
    (d) Ways to minimize the burden of information collections on 
respondents, including through the use of automated collection 
techniques or other forms of information technology; and
    (e) Estimates of capital or start-up costs and costs of operation, 
maintenance, and purchase of services to provide information.
    Comments submitted in response to this joint notice will be shared 
among the agencies. All comments will become a matter of public record.

Theodore J. Dowd,
Deputy Chief Counsel, Office of the Comptroller of the Currency.

Board of Governors of the Federal Reserve System.
Michele Taylor Fennell,
Deputy Associate Secretary of the Board.

Federal Deposit Insurance Corporation.
    Dated at Washington, DC, on June 20, 2023.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2023-13861 Filed 6-28-23; 8:45 am]
BILLING CODE 4810-33-P; 6210-01-P; 6714-01-P


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