Notice2024-24259
Agency Information Collection Activities: Proposed Collection Renewal; Comment Request
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 21, 2024
Issuing agencies
Federal Deposit Insurance Corporation
Abstract
The FDIC, as part of its obligations under the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to take this opportunity to comment on the renewal of the existing information collections described below (OMB Control No. 3064-0183).
Full Text
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<title>Federal Register, Volume 89 Issue 203 (Monday, October 21, 2024)</title>
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[Federal Register Volume 89, Number 203 (Monday, October 21, 2024)]
[Notices]
[Pages 84134-84136]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24259]
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FEDERAL DEPOSIT INSURANCE CORPORATION
[OMB No. 3064-0183]
Agency Information Collection Activities: Proposed Collection
Renewal; Comment Request
AGENCY: Federal Deposit Insurance Corporation (FDIC).
ACTION: Notice and request for comment.
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SUMMARY: The FDIC, as part of its obligations under the Paperwork
Reduction Act of 1995 (PRA), invites the general public and other
Federal agencies to take this opportunity to comment on the renewal of
the existing information collections described below (OMB Control No.
3064-0183).
DATES: Comments must be submitted on or before December 20, 2024.
ADDRESSES: Interested parties are invited to submit written comments to
the FDIC 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>.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#d4b7bbb9b9b1baa0a794b2b0bdb7fab3bba2"><span class="__cf_email__" data-cfemail="f89b9795959d968c8bb89e9c919bd69f978e">[email 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 NW building (located on F Street
NW), on business days between 7:00 a.m. and 5:00 p.m.
All comments should refer to the relevant OMB control number. A
copy of the comments may also be submitted to the OMB desk officer for
the FDIC: Office of Information and Regulatory Affairs, Office of
Management and Budget, New Executive Office Building, Washington, DC
20503.
FOR FURTHER INFORMATION CONTACT: Manny Cabeza, Regulatory Counsel, 202-
898-3767, <a href="/cdn-cgi/l/email-protection#402d232122253a2100262429236e272f36"><span class="__cf_email__" data-cfemail="cfa2acaeadaab5ae8fa9aba6ace1a8a0b9">[email 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 collection of
information:
1. Title: Credit Risk Retention.
OMB Number: 3064-0183.
Form Number: None.
Affected Public: Insured state nonmember banks, state savings
institutions, insured state branches of foreign banks, and any
subsidiary of the aforementioned entities.
Burden Estimate
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Total
Type of burden (obligation Estimated Number of Hours per annual
IC description to respond) Frequency of response number of responses/ response estimated
respondents respondent burden
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Disclosure Burdens
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Sec. 373.4(a)(2) Standard Risk Disclosure (Mandatory)...... On Occasion.................... 2 2 5.5 22
Retention--Horizontal Interest.
Sec. 373.4(a)(1) Standard Risk Disclosure (Mandatory)...... On Occasion.................... 2 2 2.0 8
Retention--Vertical Interest.
Sec. 373.4(a)(3) Standard Risk Disclosure (Mandatory)...... On Occasion.................... 1 1 7.5 8
Retention--Combined Interest *.
Sec. 373.5 Revolving Master Trusts..... Disclosure (Mandatory)...... On Occasion.................... 3 2 7.0 42
Sec. 373.6 Eligible ABCP Conduits *.... Disclosure (Mandatory)...... On Occasion.................... 1 1 3.0 3
Sec. 373.7 Commercial MBS *............ Disclosure (Mandatory)...... On Occasion.................... 1 1 20.75 21
Sec. 373.10 Qualified Tender Option Disclosure (Mandatory)...... On Occasion.................... 1 1 6.0 6
Bonds *.
Sec. 373.11 Allocation of Risk Disclosure (Mandatory)...... On Occasion.................... 1 1 2.5 3
Retention to an Originator *.
Sec. 373.13 Exemption for Qualified Disclosure (Mandatory)...... On Occasion.................... 1 1 1.25 1
Residential Mortgages *.
Sec. 373.15 Exemption for Qualifying Disclosure (Mandatory)...... On Occasion.................... 1 1 20.0 20
Commercial Loans, Commercial Real Estate
and Automobile Loans *.
[[Page 84135]]
Sec. 373.16 Underwriting Standards for Disclosure (Mandatory)...... On Occasion.................... 1 1 1.25 1
Qualifying Commercial Loans *.
Sec. 373.17 Underwriting Standards for Disclosure (Mandatory)...... On Occasion.................... 1 1 1.25 1
Qualifying Commercial Real Estate Loans
*.
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Sec. 373.18 Underwriting Standards for Disclosure (Mandatory)...... On Occasion.................... 1 1 1.25 1
Qualifying Automobile Loans *.
Disclosure Subtotal.................. ............................ ............................... ........... ........... ......... 137
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Recordkeeping Burdens
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Sec. 373.4(a)(2) Standard Risk Recordkeeping (Mandatory)... On Occasion.................... 2 2 0.5 2
Retention--Horizontal Interest.
Sec. 373.4(a)(1) Standard Risk Recordkeeping (Mandatory)... On Occasion.................... 2 2 0.5 2
Retention--Vertical Interest.
Sec. 373.4(a)(3) Standard Risk Recordkeeping (Mandatory)... On Occasion.................... 1 1 0.5 1
Retention--Combined Interest *.
Sec. 373.5 Revolving Master Trusts..... Recordkeeping (Mandatory)... On Occasion.................... 3 2 0.5 3
Sec. 373.6 Eligible ABCP Conduits *.... Recordkeeping (Mandatory)... On Occasion.................... 1 1 20.0 20
Sec. 373.7 Commercial MBS *............ Recordkeeping (Mandatory)... On Occasion.................... 1 1 30.0 30
Sec. 373.11 Allocation of Risk Recordkeeping (Mandatory)... On Occasion.................... 1 1 20.0 20
Retention to an Originator *.
Sec. 373.13 Exemption for Qualified Recordkeeping (Mandatory)... On Occasion.................... 1 1 40.0 40
Residential Mortgages *.
Sec. 373.15 Exemption for Qualifying Recordkeeping (Mandatory)... On Occasion.................... 1 1 0.5 1
Commercial Loans, Commercial Real Estate
and Automobile Loans *.
Sec. 373.16 Underwriting Standards for Recordkeeping (Mandatory)... On Occasion.................... 1 1 40.0 40
Qualifying Commercial Loans *.
Sec. 373.17 Underwriting Standards for Recordkeeping (Mandatory)... On Occasion.................... 1 1 40.0 40
Qualifying Commercial Real Estate Loans
*.
Sec. 373.18 Underwriting Standards for Recordkeeping (Mandatory)... On Occasion.................... 1 1 40.0 40
Qualifying Automobile Loans *.
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Recordkeeping Subtotal............... ............................ ............................... ........... ........... ......... 239
Total Annual Burden Hours........ ............................ ............................... ........... ........... ......... 376
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General Description of Collection: This information collection
request comprises disclosure and recordkeeping requirements under the
credit risk retention rule issued pursuant to section 15G of the
Securities Exchange Act of 1934 (15 U.S.C. 78o-11), as added by section
941 of the Dodd-Frank Wall Street Reform and Consumer Protection Act
(Dodd-Frank).\1\ The Credit Risk Retention rule (the Rule) was jointly
issued in 2015 by the FDIC, the Office of the Comptroller of the
Currency (OCC), the Federal Reserve Board (Board), the Securities and
Exchange Commission (SEC) and, with respect to the portions of the Rule
addressing the securitization of residential mortgages, the Federal
Housing Finance Agency (FHFA) and the Department of Housing and Urban
Development (HUD).\2\ The FDIC regulations corresponding to the Rule
are found at 12 CFR part 373.\3\
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\1\ Public Law 111-2-3, 124 Stat. 1376 (2010).
\2\ 79 FR 77740.
\3\ Each agency adopted the same rule text but each agency's
version of its rule is codified in different parts of the Code of
Federal Regulations with substantially identical section numbers
(e.g. _.01; _.02, etc.). Rule citations herein are to FDIC's version
of the Rule, which is codified at 12 CFR part 373.
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Section 941 of Dodd-Frank requires the Board, the FDIC, the OCC,
the SEC, and, in the case of the securitization of any ``residential
mortgage asset,'' together with HUD and FHFA, to jointly prescribe
regulations that (1) require an issuer of an asset-backed security or a
person who organizes and initiates an asset-backed securities
transaction by selling or transferring assets, either directly or
indirectly, including through an affiliate, to the issuer (issuer or
organizer) to retain not less than five percent of the credit risk of
any asset that the issuer or organizer, through the issuance of an
asset-backed security (ABS), transfers, sells or conveys to a third
party and (2) prohibit an issuer or organizer from directly or
indirectly hedging or otherwise transferring the credit risk that the
issuer or organizer is required to retain under section 941 and the
agencies' implementing rules. Exempted from the credit risk retention
requirements of section 941 are certain types of securitization
transactions, including ABS collateralized solely by qualified
residential mortgages (QRMs), as that term is defined in the Rule. In
addition, section 941 provides that the agencies must permit an issuer
or organizer to retain less than five percent of the credit risk of
residential mortgage loans, commercial real estate (CRE) loans,
commercial loans and automobile loans that are transferred, sold or
conveyed through the issuance of ABS by the issuer or organizer, if the
loans meet underwriting standards established by the Federal banking
agencies.
The FDIC implemented section 941 of Dodd-Frank through 12 CFR part
373 (the Rule). The Rule defines a securitizer as (1) the depositor of
the asset-backed securities (if the depositor is not the sponsor); or
(2) the sponsor of the asset-backed securities.\4\ The Rule provides a
menu of credit risk retention options from which securitizers can
choose and sets out the standards, including disclosure, recordkeeping,
and reporting requirements, for each option; identifies the eligibility
criteria, including certification and disclosure requirements, that
must be met for ABS offerings to qualify for the QRM and other
exemptions; specifies the underwriting standards for CRE loans,
commercial loans and automobile loans, as well as disclosure,
certification and recordkeeping requirements, that must be met for ABS
issuances collateralized by such loans to qualify for reduced credit
risk retention; and sets forth the circumstances under which retention
obligations may be allocated by sponsors to originators, including
disclosure and monitoring requirements.
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\4\ 12 CFR 373.2.
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The regulations at 12 CFR part 373 contains several requirements
that qualify as information collections under
[[Page 84136]]
the PRA. The information collection requirements are found in
Sec. Sec. 373.4, 373, 373.6, 373.7, 373.8, 373.9, 373.10, 373.11,
373.13, 373.15, 373.16, 373.17, 373.18, and 373.19(g). The
recordkeeping requirements relate primarily to (1) the adoption and
maintenance of various policies and procedures to ensure and monitor
compliance with regulatory requirements; and (2) certifications,
including as to the effectiveness of internal supervisory controls. The
required disclosures for each risk retention option are intended to
provide investors with material information concerning the sponsor's
retained interest in a securitization transaction (e.g., the amount,
form and nature of the retained interest, material assumptions and
methodology, representations and warranties). Compliance with the
information collection requirements is mandatory, responses to the
information collections will not be kept confidential and, with the
exception of the recordkeeping requirements in Sec. Sec. 373.4(d),
373.5(k)(3), and 373.15(d), the Rule does not specify a mandatory
retention period for the information.
Request for Comment
Comments are invited on (a) whether the collections of information
are 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 collections,
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 collections 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.
Federal Deposit Insurance Corporation.
Dated at Washington, DC, on October 15, 2024.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2024-24259 Filed 10-18-24; 8:45 am]
BILLING CODE 6714-01-P
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