Notice2023-22513

Agency Information Collection Activities; Submission for OMB Review; Comment Request

Primary source

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Published
October 13, 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. On June 29, 2023, the Federal Financial Institutions Examination Council (FFIEC), of which the agencies are members, requested public comment for 60 days on 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. The comment period for the June notice expired on August 28, 2023. No comments were received, and the agencies will proceed with the extension, without revision, of the FFIEC 101. In addition, the agencies are giving notice that they are sending the collections to OMB for review.

Full Text

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<title>Federal Register, Volume 88 Issue 197 (Friday, October 13, 2023)</title>
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[Federal Register Volume 88, Number 197 (Friday, October 13, 2023)]
[Notices]
[Pages 71083-71085]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22513]


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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency

FEDERAL RESERVE SYSTEM

FEDERAL DEPOSIT INSURANCE CORPORATION


Agency Information Collection Activities; Submission for OMB 
Review; 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. On June 29, 2023, 
the Federal Financial Institutions Examination Council (FFIEC), of 
which the agencies are members, requested public comment for 60 days on 
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. The comment period for the 
June notice expired on August 28, 2023. No comments were received, and 
the agencies will proceed with the extension, without revision, of the 
FFIEC 101. In addition, the agencies are giving notice that they are 
sending the collections to OMB for review.

DATES: Comments must be submitted on or before November 13, 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="0b7b796a62656d644b646868257f796e6a78256c647d">[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.
    <bullet> Fax: (571) 293-4835.
    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.
    Written comments and recommendations for the proposed information 
collection should also 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>. You can find this 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.
    You may review comments and other related materials that pertain to 
this information collection following the close of the 30-day comment 
period for this notice by the method set forth in the next bullet.
    <bullet> Viewing Comments Electronically: Go to <a href="http://www.reginfo.gov">www.reginfo.gov</a>. 
Hover over the ``Information Collection Review'' tab and click on 
``Information Collection Review'' from the drop-down menu. From the 
``Currently under Review'' drop-down menu, select ``Department of 
Treasury'' and then click ``submit.'' This information collection can 
be located by searching 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.
    <bullet> 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="ff8d9a988cd19c9092929a918b8cbf999a9b9a8d9e938d9a8c9a8d899ad1989089">[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#c7a4a8aaaaa2a9b3b48781838e84e9a0a8b1"><span class="__cf_email__" data-cfemail="81e2eeecece4eff5f2c1c7c5c8c2afe6eef7">[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.

[[Page 71084]]

    <bullet> Public Inspection: All comments received, including any 
personal information provided, 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>. 
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.
    Additionally, commenters may send a copy of their comments to the 
OMB desk officer 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#214e4853407e5254434c485252484e4f614e4c430f444e510f464e57"><span class="__cf_email__" data-cfemail="c4abadb6a59bb7b1a6a9adb7b7adabaa84aba9a6eaa1abb4eaa3abb2">[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, (202) 649-5490, Chief Counsel's 
Office, Office of the Comptroller of the Currency. 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. Telecommunications Device for the Deaf (TDD) users may call 
(202) 263-4869.
    FDIC: Manuel E. Cabeza, Counsel, (202) 898-3767, <a href="/cdn-cgi/l/email-protection#19747a787b7c6378597f7d707a377e766f"><span class="__cf_email__" data-cfemail="c3aea0a2a1a6b9a283a5a7aaa0eda4acb5">[email&#160;protected]</span></a>, 
Legal Division, Federal Deposit Insurance Corporation.

SUPPLEMENTARY INFORMATION: On June 29, 2023, the agencies requested 
public comment on a proposal to extend for three years, without 
revision, the FFIEC 101.\1\ The comment period expired on August 28, 
2023, and no comments were received.
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    \1\ 88 FR 42131 (June 29, 2023).
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    The agencies will proceed with the extension without revision of 
the FFIEC 101, as proposed, and are sending the collections to OMB for 
review.
    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: 2,696 burden hours for state member 
banks to file; 48 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 \2\ is required to report 
quarterly regulatory capital data on the FFIEC 101. Each top-tier 
advanced approaches institution and Category III institution \3\ 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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    \2\ 12 CFR 3.100(b) (OCC); 12 CFR 217.100(b) (Board); 12 CFR 
324.100(b) (FDIC).
    \3\ 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 \4\ and the supplementary leverage 
ratio,\5\ 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

[[Page 71085]]

Category III institutions' regulatory capital.
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    \4\ 12 CFR part 3, subpart E (OCC); 12 CFR part 217, subpart E 
(Board); 12 CFR part 324, subpart E (FDIC).
    \5\ 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.
Michele Taylor Fennell,
Deputy Associate Secretary of the Board, Board of Governors of the 
Federal Reserve System.
    Dated at Washington, DC, on September 9, 2023.
James P. Sheesley,
Assistant Executive Secretary, Federal Deposit Insurance Corporation.
[FR Doc. 2023-22513 Filed 10-12-23; 8:45 am]
BILLING CODE 4810-33-P; 6210-01-P; 6714-01-P


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Indexed from Federal Register on October 13, 2023.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.