14460 Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Notices 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

FEDERAL RESERVE SYSTEM 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

DEPARTMENT OF THE TREASURY 

Office of Thrift Supervision 

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); Federal Deposit 

Insurance Corporation (FDIC); and 

Office of Thrift Supervision (OTS), 

Treasury. 

ACTION: Joint notice and request for 

comment. 

SUMMARY: In accordance with the 

requirements of the Paperwork 

Reduction Act (PRA) of 1995 (44 U.S.C. 

chapter 35), the OCC, the Board, the 

FDIC, and the OTS (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 revise the Consolidated 

Reports of Condition and Income (Call 

Report) for banks, the Thrift Financial 

Report (TFR) for savings associations, 

the Report of Assets and Liabilities of 

U.S. Branches and Agencies of Foreign 

Banks (FFIEC 002), and the Report of 

Assets and Liabilities of a Non-U.S. 

Branch that is Managed or Controlled by 

a U.S. Branch or Agency of a Foreign 

(Non-U.S.) Bank (FFIEC 002S), all of 

which are currently approved 

collections of information, effective as 

of the June 30, 2011, report date. At the 

end of the comment period, the 

comments and recommendations 

received will be analyzed to determine 

the extent to which the FFIEC and the 

agencies should modify the proposed 

revisions prior to giving final approval. 

The agencies will then submit the 

revisions to OMB for review and 

approval. 

DATES: Comments must be submitted on 

or before May 16, 2011. 

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: You should direct all written 

comments to: Communications 

Division, Office of the Comptroller of 

the Currency, Mailstop 2–3, Attention: 

1557–0081, 250 E Street, SW., 

Washington, DC 20219. In addition, 

comments may be sent by fax to (202) 

874–5274, or by electronic mail to 

regs.comments@occ.treas.gov. You may 

personally inspect and photocopy 

comments at the OCC, 250 E Street, 

SW., Washington, DC 20219. For 

security reasons, the OCC requires that 

visitors make an appointment to inspect 

comments. You may do so by calling 

(202) 874–4700. Upon arrival, visitors 

will be required to present valid 

government-issued photo identification 

and to submit to security screening in 

order to inspect and photocopy 

comments. 

Board: You may submit comments, 

which should refer to ‘‘Consolidated 

Reports of Condition and Income (FFIEC 

031 and 041)’’ or ‘‘Report of Assets and 

Liabilities of U.S. Branches and 

Agencies of Foreign Banks (FFIEC 002) 

and Report of Assets and Liabilities of 

a Non-U.S. Branch that is Managed or 

Controlled by a U.S. Branch or Agency 

of a Foreign (Non-U.S.) Bank (FFIEC 

002S),’’ by any of the following methods: 

• Agency Web Site: http:// 

www.federalreserve.gov. Follow the 

instructions for submitting comments 

on the http://www.federalreserve.gov/ 

generalinfo/foia/ProposedRegs.cfm. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: 

regs.comments@federalreserve.gov. 

Include reporting form number in the 

subject line of the message. 

• FAX: (202) 452–3819 or (202) 452– 

3102. 

• Mail: Jennifer J. Johnson, 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 Web site at http:// 

www.federalreserve.gov/generalinfo/ 

foia/ProposedRegs.cfm as submitted, 

unless modified for technical reasons. 

Accordingly, your comments will not be 

edited to remove any identifying or 

contact information. Public comments 

may also be viewed electronically or in 

paper in Room MP–500 of the Board’s 

Martin Building (20th and C Streets, 

NW.,) between 9 a.m. and 5 p.m. on 

weekdays. 

FDIC: You may submit comments, 

which should refer to ‘‘Consolidated 

Reports of Condition and Income, 3064– 

0052,’’ by any of the following methods: 

• Agency Web Site: http:// 

www.fdic.gov/regulations/laws/Federal/ 

propose.html. Follow the instructions 

for submitting comments on the FDIC 

Web site. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: comments@FDIC.gov. 

Include ‘‘Consolidated Reports of 

Condition and Income, 3064–0052’’ in 

the subject line of the message. 

• Mail: Gary A. Kuiper, (202) 898– 

3877, Counsel, Attn: Comments, Room 

F–1086, 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 Building 

(located on F Street) on business days 

between 7 a.m. and 5 p.m. 

Public Inspection: All comments 

received will be posted without change 

to http://www.fdic.gov/regulations/laws/ 

Federal/propose.html including any 

personal information provided. 

Comments may be inspected at the FDIC 

Public Information Center, Room E– 

1002, 3501 Fairfax Drive, Arlington, VA 

22226, between 9 a.m. and 5 p.m. on 

business days. 

OTS: You may submit comments, 

identified by ‘‘1550–0023 (TFR: 

Schedule DI Revisions),’’ by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail address: 

infocollection.comments@ots.treas.gov. 

Please include ‘‘1550–0023 (TFR: 

Schedule DI Revisions)’’ in the subject 

line of the message and include your 

name and telephone number in the 

message. 

• Fax: (202) 906–6518. 

• Mail: Information Collection 

Comments, Chief Counsel’s Office, 

Office of Thrift Supervision, 1700 G 

Street, NW., Washington, DC 20552, 

Attention: ‘‘1550–0023 (TFR: Schedule 

DI Revisions).’’ 

• Hand Delivery/Courier: Guard’s 

Desk, East Lobby Entrance, 1700 G 

Street, NW., from 9 a.m. to 4 p.m. on 

business days, Attention: Information 

Collection Comments, Chief Counsel’s 

Office, Attention: ‘‘1550–0023 (TFR: 

Schedule DI Revisions).’’ 

Instructions: All submissions received 

must include the agency name and OMB 

Control Number for this information 


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Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Notices 14461 

collection. All comments received will 

be posted without change to the OTS 

Internet Site at http://www.ots.treas.gov/ 

pagehtml.cfm?catNumber=67&an=1, 

including any personal information 

provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.ots.treas.gov/ 

pagehtml.cfm?catNumber=67&an=1. In 

addition, you may inspect comments at 

the Public Reading Room, 1700 G Street, 

NW., by appointment. To make an 

appointment for access, call (202) 906– 

5922, send an e-mail to 

public.info@ots.treas.gov, or send a 

facsimile transmission to (202) 906– 

7755. (Prior notice identifying the 

materials you will be requesting will 

assist us in serving you.) We schedule 

appointments on business days between 

10 a.m. and 4 p.m. In most cases, 

appointments will be available the next 

business day following the date we 

receive a request. 

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, or by fax to 

(202) 395–6974. 

FOR FURTHER INFORMATION CONTACT: For 

further information about the revisions 

discussed in this notice, please contact 

any of the agency clearance officers 

whose names appear below. In addition, 

copies of the Call Report, FFIEC 002, 

and FFIEC 002S forms can be obtained 

at the FFIEC’s Web site (http:// 

www.ffiec.gov/ffiec_report_forms.htm). 

Copies of the TFR can be obtained from 

the OTS’s Web site (http:// 

www.ots.treas.gov/ 

main.cfm?catNumber=2&catParent=0). 

OCC: Mary Gottlieb, OCC Clearance 

Officer, (202) 874–5090, Legislative and 

Regulatory Activities Division, Office of 

the Comptroller of the Currency, 250 E 

Street, SW., Washington, DC 20219. 

Board: Cynthia Ayouch, Acting 

Federal Reserve Board Clearance 

Officer, (202) 452–3829, Division of 

Research and Statistics, 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: Gary A. Kuiper, Counsel, (202) 

898–3877, Legal Division, Federal 

Deposit Insurance Corporation, 550 17th 

Street, NW., Washington, DC 20429. 

OTS: Ira L. Mills, OTS Clearance 

Officer, at Ira.Mills@ots.treas.gov, (202) 

906–6531, or facsimile number (202) 

906–6518, Regulations and Legislation 

Division, Chief Counsel’s Office, Office 

of Thrift Supervision, 1700 G Street, 

NW., Washington, DC 20552. 

SUPPLEMENTARY INFORMATION: The 

agencies are proposing to revise the Call 

Report, the TFR, the FFIEC 002, and the 

FFIEC 002S, which are currently 

approved collections of information. 

1. Report Title: Consolidated Reports 

of Condition and Income (Call Report). 

Form Number: Call Report: FFIEC 031 

(for banks with domestic and foreign 

offices) and FFIEC 041 (for banks with 

domestic offices only). 

Frequency of Response: Quarterly. 

Affected Public: Business or other forprofit. 

OCC 

OMB Number: 1557–0081. 

Estimated Number of Respondents: 

1,440 national banks. 

Estimated Time per Response: 53.24 

burden hours. 

Estimated Total Annual Burden: 

306,662 burden hours. 

Board 

OMB Number: 7100–0036. 

Estimated Number of Respondents: 

826 State member banks. 

Estimated Time per Response: 55.32 

burden hours. 

Estimated Total Annual Burden: 

182,777 burden hours. 

FDIC 

OMB Number: 3064–0052. 

Estimated Number of Respondents: 

4,687 insured State nonmember banks. 

Estimated Time per Response: 40.44 

burden hours. 

Estimated Total Annual Burden: 

758,169 burden hours. 

The estimated time per response for 

the Call Report is an average that varies 

by agency because of differences in the 

composition of the institutions under 

each agency’s supervision (e.g., size 

distribution of institutions, types of 

activities in which they are engaged, 

and existence of foreign offices). The 

average reporting burden for the Call 

Report is estimated to range from 17 to 

665 hours per quarter, depending on an 

individual institution’s circumstances. 

2. Report Title: Thrift Financial 

Report (TFR). 

Form Number: OTS 1313 (for savings 

associations). 

Frequency of Response: Quarterly; 

Annually. 

Affected Public: Business or other forprofit. 

OTS 

OMB Number: 1550–0023. 

Estimated Number of Respondents: 

731 savings associations. 

Estimated Time per Response: 60.3 

hours average for quarterly schedules 

and 2.0 hours average for schedules 

required only annually plus 

recordkeeping of an average of one hour 

per quarter. 

Estimated Total Annual Burden: 

183,943 burden hours. 

3. Report Titles: Report of Assets and 

Liabilities of U.S. Branches and 

Agencies of Foreign Banks; Report of 

Assets and Liabilities of a Non-U.S. 

Branch that is Managed or Controlled by 

a U.S. Branch or Agency of a Foreign 

(Non-U.S.) Bank. 

Form Numbers: FFIEC 002; FFIEC 

002S. 

Board 

OMB Number: 7100–0032. 

Frequency of Response: Quarterly. 

Affected Public: U.S. branches and 

agencies of foreign banks. 

Estimated Number of Respondents: 

FFIEC 002—236; FFIEC 002S—57. 

Estimated Time per Response: FFIEC 

002—25.43 hours; FFIEC 002S—6 

hours. 

Estimated Total Annual Burden: 

FFIEC 002—24,003 hours; FFIEC 002S— 

1,368 hours. 

General Description of Reports 

These information collections are 

mandatory: 12 U.S.C. 161 (for national 

banks), 12 U.S.C. 324 (for State member 

banks), 12 U.S.C. 1817 (for insured State 

nonmember commercial and savings 

banks), 12 U.S.C. 1464 (for savings 

associations), and 12 U.S.C. 3105(c)(2), 

1817(a), and 3102(b) (for U.S. branches 

and agencies of foreign banks). Except 

for selected data items, the Call Report, 

the TFR, and the FFIEC 002 are not 

given confidential treatment. The FFIEC 

002S is given confidential treatment [5 

U.S.C. 552(b)(4)]. 

Abstracts 

Call Report and TFR: Institutions 

submit Call Report and TFR data to the 

agencies each quarter for the agencies’ 

use in monitoring the condition, 

performance, and risk profile of 

individual institutions and the industry 

as a whole. Call Report and TFR data 

provide the most current statistical data 

available for evaluating institutions’ 

corporate applications, identifying areas 

of focus for both on-site and off-site 

examinations, and monetary and other 

public policy purposes. The agencies 

use Call Report and TFR data in 

evaluating interstate merger and 

acquisition applications to determine, as 

required by law, whether the resulting 

institution would control more than ten 


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1 76 FR 10672, February 25, 2011. 

percent of the total amount of deposits 

of insured depository institutions in the 

United States. Call Report and TFR data 

also are used to calculate all 

institutions’ deposit insurance and 

Financing Corporation assessments, 

national banks’ semiannual assessment 

fees, and the OTS’s assessments on 

savings associations. 

FFIEC 002 and FFIEC 002S: On a 

quarterly basis, all U.S. branches and 

agencies of foreign banks are required to 

file the FFIEC 002, which is a detailed 

report of condition with a variety of 

supporting schedules. This information 

is used to fulfill the supervisory and 

regulatory requirements of the 

International Banking Act of 1978. The 

data also are used to augment the bank 

credit, loan, and deposit information 

needed for monetary policy and other 

public policy purposes. The FFIEC 002S 

is a supplement to the FFIEC 002 that 

collects information on assets and 

liabilities of any non-U.S. branch that is 

managed or controlled by a U.S. branch 

or agency of the foreign bank. Managed 

or controlled means that a majority of 

the responsibility for business decisions 

(including, but not limited to, decisions 

with regard to lending or asset 

management or funding or liability 

management) or the responsibility for 

recordkeeping in respect of assets or 

liabilities for that foreign branch resides 

at the U.S. branch or agency. A separate 

FFIEC 002S must be completed for each 

managed or controlled non-U.S. branch. 

The FFIEC 002S must be filed quarterly 

along with the U.S. branch or agency’s 

FFIEC 002. The data from both reports 

are used for: (1) Monitoring deposit and 

credit transactions of U.S. residents; (2) 

monitoring the impact of policy 

changes; (3) analyzing structural issues 

concerning foreign bank activity in U.S. 

markets; (4) understanding flows of 

banking funds and indebtedness of 

developing countries in connection with 

data collected by the International 

Monetary Fund and the Bank for 

International Settlements that are used 

in economic analysis; and (5) assisting 

in the supervision of U.S. offices of 

foreign banks. The Federal Reserve 

System collects and processes these 

reports on behalf of the OCC, the Board, 

and the FDIC. 

Current Actions 

I. Deposit Insurance Assessment Base 

In recent years, the FDIC has charged 

insured depository institutions (IDIs) an 

amount for deposit insurance equal to 

the deposit insurance assessment base 

times a risk-based assessment rate. 

Under this assessment system, which is 

set forth in part 327 of the FDIC’s 

regulations (12 CFR part 327), the 

assessment base has been domestic 

deposits minus a few allowable 

exclusions, such as pass-through reserve 

balances. At present, an IDI reports its 

assessment base on a quarter-end basis 

in its regulatory report (Call Report, 

TFR, or FFIEC 002 report, as 

appropriate). However, the assessment 

base is reported on a daily average basis 

by larger institutions (that is, those with 

$1 billion or more in total assets), 

institutions insured by the FDIC after 

March 31, 2007, and other IDIs that elect 

to do so. 

The FDIC calculates an initial base 

assessment rate (IBAR) for each IDI 

based on CAMELS ratings, a number of 

inputs derived from data the IDI reports 

in its regulatory report, and, for large 

institutions that have long-term debt 

issuer ratings, from these ratings. Under 

the existing assessment system, an IDI’s 

total base assessment rate can vary from 

the IBAR as the result of three possible 

adjustments: the unsecured debt 

adjustment, the secured liability 

adjustment, and the brokered deposit 

adjustment. 

The Dodd-Frank Wall Street Reform 

and Consumer Protection Act (the 

Dodd-Frank Act) (Pub. L. 111–203, July 

21, 2010) requires the FDIC to amend its 

regulations to redefine the assessment 

base used for calculating deposit 

insurance assessments. Specifically, 

section 331(b) of the Dodd-Frank Act (to 

be codified at 12 U.S.C. 1817(nt)) directs 

the FDIC: 

[T]o define the term ‘assessment base’ with 

respect to an insured depository institution 

* * * as an amount equal to 

(1) The average consolidated total assets of 

the insured depository institution during the 

assessment period; minus 

(2) The sum of — 

(A) the average tangible equity of the 

insured depository institution during the 

assessment period; and 

(B) In the case of an insured depository 

institution that is a custodial bank (as 

defined by the Corporation, based on factors 

including the percentage of total revenues 

generated by custodial businesses and the 

level of assets under custody) or a banker’s 

bank (as that term is used in * * * (12 U.S.C. 

24)), an amount that the Corporation 

determines is necessary to establish 

assessments consistent with the definition 

under section 7(b)(1) of the Federal Deposit 

Insurance Act (12 U.S.C. 1817(b)(1) for a 

custodial bank or a banker’s bank. 

On February 7, 2011, the FDIC Board 

of Directors adopted a final rule that 

implements the requirements of section 

331(b) of the Dodd-Frank Act by 

amending part 327 of the FDIC’s 

regulations to redefine the assessment 

base used for calculating deposit 

insurance assessments effective April 1, 

2011.1 In general, the FDIC’s final rule 

requires that all IDIs report average 

consolidated total assets in conformance 

with existing Call Report calculation 

requirements, except that institutions 

with assets of $1 billion or more and all 

newly insured depository institutions 

must report this average based on daily 

balances during the calendar quarter. 

Institutions with less than $1 billion in 

assets may report average consolidated 

total assets based on weekly balances 

during the calendar quarter, unless they 

choose to report daily averages. 

However, once an institution begins to 

report using daily averages, it must 

continue to do so. 

In the case of an IDI that is the parent 

company of other IDIs, the FDIC’s final 

rule requires that the parent IDI report 

its daily or weekly average consolidated 

total assets without consolidating its IDI 

subsidiaries into the calculations. For 

IDIs with consolidated subsidiaries that 

are not IDIs, the FDIC’s final rule 

provides that these subsidiaries’ assets, 

including those eliminated in 

consolidation, must be calculated using 

a daily or weekly averaging method, 

corresponding to the daily or weekly 

averaging requirement of the parent 

institution. Call Report instructions in 

effect for the quarter for which data are 

being reported will govern the 

calculation of the average amount of 

subsidiaries’ assets, including those 

eliminated in consolidation. Current 

Call Report instructions state that, for 

purposes of consolidation, the date of 

the financial statements of a subsidiary 

should, to the extent practicable, match 

the date of the parent institution’s 

financial statements, but in no case 

differ by more than one quarter. 

However, under the FDIC’s final rule, 

once an institution reports the average 

amount of subsidiaries’ assets, including 

those eliminated in consolidation, using 

concurrent data, the institution must do 

so for all subsequent quarters. 

The FDIC’s final rule uses Tier 1 

capital as the measure for tangible 

equity. In general, the final rule requires 

institutions with assets of $1 billion or 

more and all newly insured institutions 

to report the average of the current 

quarter’s month-end balances of Tier 1 

capital, but allows an institution with 

less than $1 billion in average 

consolidated total assets to report the 

end-of-quarter amount of Tier 1 capital 

as its average tangible equity. An 

institution with less than $1 billion in 

average consolidated total assets may 

elect permanently to report average 

tangible equity capital using the current 

quarter’s month-end balances. 


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2 In the Call Report, items 4, 5, and 6 in Schedule 

RC–O—Other Data for Deposit Insurance and FICO 

Assessments; in the TFR, line items DI540, DI550, 

and DI560 in Schedule DI—Consolidated Deposit 

Information; and in the FFIEC 002 report, items 4, 

5, and 6 in Schedule O—Other Data for Deposit 

Insurance Assessments. 

Under the FDIC’s final rule, an IDI 

with one or more IDI subsidiaries must 

report average tangible equity (or endof-quarter tangible equity, as 

appropriate) without consolidating its 

IDI subsidiaries into the calculations. 

An IDI that reports average tangible 

equity using a monthly averaging 

method and has subsidiaries that are not 

IDIs must use monthly average data for 

the subsidiaries. The monthly average 

data for these subsidiaries, however, 

may be calculated using data for the 

current quarter or the prior quarter 

consistent with the method used for 

these subsidiaries’ data when reporting 

average consolidated total assets. 

For a banker’s bank, the final rule 

provides for the deduction of certain 

assets from its assessment base, as 

permitted by the Dodd-Frank Act, 

provided the bank conducts at least 50 

percent of its business with entities 

other than its parent holding company 

or entities other than those controlled 

directly or indirectly by its parent 

holding company. For a qualifying 

banker’s bank, this deduction equals the 

sum of its average balances due from 

Federal Reserve Banks plus its average 

Federal funds sold. However, the 

amount of this deduction cannot exceed 

the sum of the banker’s bank’s average 

deposits due to commercial banks and 

other depository institutions in the 

United States plus its average Federal 

funds purchased. These averages would 

be calculated on a daily or weekly basis 

consistent with the banker’s bank’s 

calculation of its average consolidated 

total assets. 

The FDIC’s final rule defines a 

custodial bank as an IDI that had 

‘‘fiduciary and custody and safekeeping 

assets’’ of at least $50 billion as of the 

end of the previous calendar year or 

gross fiduciary and related services 

income of at least 50 percent of its total 

revenue (interest income plus 

noninterest income) during the previous 

calendar year. Consistent with the 

Dodd-Frank Act, the final rule provides 

for the deduction of the daily or weekly 

average amount of certain low-risk 

assets from the assessment base of 

custodial banks. These assets are the 

portion of a custodial bank’s cash and 

balances due from depository 

institutions, held-to-maturity securities, 

available-for-sale securities, Federal 

funds sold, and securities purchased 

under agreements to resell that have a 

risk weighting for risk-based capital 

purposes of zero percent, regardless of 

maturity, plus 50 percent of the portion 

of these same five types of assets that 

have a risk weighting of 20 percent, 

regardless of maturity. However, the 

amount of the deduction of these lowrisk assets is limited to the daily or 

weekly average amount of the custodial 

bank’s deposit liabilities classified as 

transaction accounts and identified by 

the custodial bank as being directly 

linked to a fiduciary, custody, or 

safekeeping account. 

As previously mentioned, the FDIC’s 

existing assessment system incorporates 

adjustments to the assessment rate 

schedule for types of funding that pose 

heightened risk to the Deposit Insurance 

Fund (DIF) or help offset risk to the DIF. 

Because the magnitude of these 

adjustments has been calibrated to a 

domestic deposit assessment base, the 

FDIC’s final rule recalibrates the 

unsecured debt and brokered deposit 

adjustments and eliminates the secured 

liability adjustment. The final rule also 

adds a depository institution debt 

adjustment. These changes should more 

accurately reflect the risk that these 

funding mechanisms pose to the DIF. 

Specifically, the FDIC’s final rule 

changes the assessment rate reduction 

for long-term unsecured liabilities so the 

effect of the assessment system on an 

institution’s cost of borrowing using 

long-term unsecured debt will remain 

unchanged. The final rule also changes 

the cap on the unsecured debt 

adjustment from 5 basis points to the 

lesser of 5 basis points or 50 percent of 

an institution’s IBAR to ensure that no 

institution’s assessment rate is zero or 

close to zero. In addition, the final rule 

removes qualified Tier 1 capital from 

the definition of long-term unsecured 

liabilities for small institutions because 

Tier 1 capital is already deducted from 

the assessment base as redefined by the 

Dodd-Frank Act. The final rule also 

eliminates debt that is redeemable 

within one year of the reporting date 

from qualifying as long-term because 

such a redemption option negates the 

benefit to the DIF of long-term debt. 

The FDIC’s final rule also creates a 

new Depository Institution Debt 

Adjustment that would apply a 50 basis 

point charge to every dollar of long-term 

unsecured debt (in excess of 3 percent 

of an institution’s Tier 1 capital) held by 

an IDI that was issued by another IDI. 

This adjustment is intended to offset the 

benefit received by institutions that 

issue long-term, unsecured liabilities 

when those liabilities are held by other 

IDIs because the risk of this debt 

remains in the banking system. 

The FDIC’s final rule retains the 

brokered deposit adjustment of 25 basis 

points times the ratio of brokered 

deposits in excess of 10 percent of 

domestic deposits, but the adjustment 

has been recalibrated to the new 

assessment base. For small institutions, 

the adjustment would continue to apply 

only to institutions in Risk Categories II, 

III, and IV. For large institutions, the 

final rule provides an exemption from 

the adjustment for institutions that are 

well-capitalized and have a composite 

CAMELS rating of 1 or 2. The final rule 

maintains the 10 basis points cap on the 

brokered deposit adjustment. 

Proposed Regulatory Reporting Changes 

for the New Assessment Base 

The implementation of the new 

assessment base will require the 

agencies to collect some information 

from IDIs that is not currently collected 

on the Call Report, the TFR, or the 

FFIEC 002 report. These reporting 

changes would take effect as of the June 

30, 2011, report date, which is the first 

quarter-end report date after the April 1, 

2011, effective date of the FDIC’s final 

rule. However, the burden of requiring 

these new data items will be partly 

offset by deleting some assessment data 

items currently collected from these 

regulatory reports. More specifically, the 

agencies are proposing to delete the 

existing data items for the total daily 

averages of deposit liabilities before 

exclusions, allowable exclusions, and 

foreign deposits.2

Under the FDIC’s final rule, with 

certain exceptions, the assessment base 

for an IDI is defined as the IDI’s average 

consolidated total assets during the 

assessment period minus the IDI’s 

average tangible equity during the 

assessment period. The exceptions 

pertain to banker’s banks, custodial 

banks, and insured U.S. branches of 

foreign banks. However, the starting 

point for the measurement of the 

assessment base for banker’s banks and 

custodial banks is average consolidated 

total assets minus average tangible 

equity. As discussed above, average 

consolidated total assets must be 

reported on a daily average basis by 

institutions with $1 billion or more in 

total assets, all newly insured 

institutions, and institutions with less 

than $1 billion in total assets that elect 

to do so. Institutions with less than $1 

billion in total assets (that are not newly 

insured) that do not elect to report on 

a daily average basis must report 

average consolidated total assets on a 

weekly average basis. 

Under the FDIC’s final rule, average 

consolidated total assets is defined in 

accordance with the instructions for 

item 9 of Call Report Schedule RC–K— 


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3The instructions for Call Report Schedule RC– 

K, item 9, further provide that, ‘‘to the extent that 

net deferred tax assets included in the bank’s total 

assets, if any, include the deferred tax effects of any 

unrealized holding gains and losses on availablefor-sale debt securities, these deferred tax effects 

may be excluded from the determination of the 

quarterly average for total assets. If these deferred 

tax effects are excluded, this treatment must be 

followed consistently over time.’’ 

4Under the final rule, section 327.5(a)(3)(ii) of the 

FDIC’s regulations states that ‘‘[i]nvestments in 

insured depository institution subsidiaries should 

be included in total assets using the equity method 

of accounting’’ rather than on a consolidated basis. 

5Under the final rule, section 327.5(a)(1)(iii) of 

the FDIC’s regulations states that ‘‘[t]he average 

calculation of the assets of the surviving or resulting 

institution in a merger or consolidation shall 

include the assets of all the merged or consolidated 

institutions for the days in the quarter prior to the 

merger or consolidation, whether reported by the 

daily or weekly method.’’ 

6 In addition, savings associations are permitted 

to use of month-end averaging as an alternative to 

daily or weekly averaging when reporting average 

total assets in line item SI870. 

7For banks with financial subsidiaries, Tier 1 

capital is the amount reported in Schedule RC–R, 

item 11, less the adjustment for investments in 

financial subsidiaries reported in Schedule RC–R, 

item 28.a. 

8Under the final rule, section 327.5(a)(3)(ii) of the 

FDIC’s regulations states that such institutions 

should report tangible equity ‘‘without 

consolidating their insured depository institution 

subsidiaries into the calculations. Investments in 

insured depository institution subsidiaries should 

be included in total assets using the equity method 

of accounting.’’ 

9Under the final rule, section 327.5(a)(2)(iii) of 

the FDIC’s regulations states that ‘‘[f]or the surviving 

institution in a merger or consolidation, Tier 1 

capital shall be calculated as if the merger occurred 

on the first day of the quarter in which the merger 

or consolidation occurred.’’ 

10Banker’s banks that have funds from 

government capital infusion programs (such as 

TARP and the Small Business Lending Fund), and 

stock owned by the FDIC as a result of bank 

failures, as well as non-bank-owned stock resulting 

from equity compensation programs, are not 

excluded from the definition of a banker’s bank. 

Quarterly Averages. These instructions 

provide that the average should be 

calculated using the institution’s total 

assets, as defined for Call Report 

balance sheet (Schedule RC) purposes, 

except that the institution’s calculation 

should incorporate all debt securities 

(not held for trading) at amortized cost, 

equity securities with readily 

determinable fair values at the lower of 

cost or fair value, and equity securities 

without readily determinable fair values 

at historical cost.3 However, the final 

rule requires certain additional 

adjustments to the Schedule RC–K 

method of calculating average 

consolidated total assets for IDIs with 

consolidated insured depository 

subsidiaries 4 and for IDIs involved in 

mergers and consolidations during the 

quarter.5

Thus, to provide the FDIC with the 

amount of average consolidated total 

assets measured in accordance with the 

FDIC’s assessment regulations, the 

agencies are proposing to add an item 

for this average to Call Report Schedule 

RC–O and TFR Schedule DI along with 

an item in which the institution would 

report whether it has measured the 

average using the daily or weekly 

averaging method. For most banks, the 

additional adjustments identified in the 

preceding paragraph will not be 

applicable. Therefore, if these banks 

measure average total assets for 

Schedule RC–K purposes using the 

same averaging method (daily or 

weekly) they are required to use for the 

proposed new Schedule RC–O item, 

they will be able to carry the average 

total assets figure reported in Schedule 

RC–K over to Schedule RC–O. In 

contrast, for purposes of reporting 

average total assets in line item SI870 of 

TFR Schedule SI—Supplemental 

Information, savings associations do not 

measure debt and equity securities in 

the same manner as banks.6 Thus, 

savings associations would not be able 

to carry the average total assets figure 

currently reported in Schedule SI to the 

proposed new Schedule DI item. 

Under the FDIC’s final rule, tangible 

equity is defined as Tier 1 capital. Banks 

currently report the amount of their Tier 

1 capital as of quarter-end in item 11 of 

Call Report Schedule RC–R—Regulatory 

Capital.7 Savings associations currently 

report the amount of their Tier 1 capital 

as of quarter-end in line item CCR20 of 

TFR Schedule CCR—Consolidated 

Capital Requirement. Because the 

FDIC’s final rule reduces average 

consolidated total assets by average 

tangible equity, the agencies are 

proposing to add a new item to Call 

Report Schedule RC–O and TFR 

Schedule DI for average Tier 1 capital. 

In accordance with the FDIC’s final rule, 

average Tier 1 capital must be reported 

on a monthly average basis by 

institutions with $1 billion or more in 

total assets, all newly insured 

institutions, and institutions with less 

than $1 billion in total assets that elect 

to do so. Monthly average Tier 1 capital 

is computed by adding Tier 1 capital as 

of each month-end during the quarter 

and dividing by three. Institutions with 

less than $1 billion in total assets (that 

are not newly insured) that do not elect 

to report on a monthly average basis 

will report their quarter-end Tier 1 

capital (from Schedule RC–R or 

Schedule CCR, as appropriate) as their 

‘‘average’’ Tier 1 capital. As with average 

consolidated total assets, IDIs with 

consolidated insured depository 

subsidiaries 8 and IDIs involved in 

mergers and consolidations during the 

quarter 9 must make certain additional 

adjustments when reporting average 

Tier 1 capital. 

The agencies also are proposing to 

add comparable new items for average 

consolidated total assets, the averaging 

method used for assets, and average 

tangible equity to Schedule O of the 

FFIEC 002 report for insured U.S. 

branches of foreign banks. In accordance 

with the FDIC’s final rule, average 

consolidated total assets for an insured 

branch would be calculated using the 

total assets of the branch (including net 

due from related depository 

institutions), as defined for purposes of 

Schedule RAL—Assets and Liabilities of 

the FFIEC 002 report, but with debt and 

equity securities measured in the same 

manner as in Call Report Schedule RC– 

K. In addition, insured branches would 

calculate average consolidated total 

assets using a daily or weekly averaging 

method, as appropriate, based on the 

same asset size criteria that apply to 

other IDIs. Tangible equity for an 

insured branch would be calculated on 

a monthly average or quarter-end basis, 

according to the branch’s size, and 

would be defined as eligible assets 

(determined in accordance with section 

347.210 of the FDIC’s regulations) less 

the book value of liabilities (exclusive of 

liabilities due to the foreign bank’s head 

office, other branches, agencies, offices, 

or wholly owned subsidiaries). 

As discussed above, the FDIC’s final 

rule permits an institution that is a 

qualifying banker’s bank to deduct 

certain assets from its assessment base 

up to a specified limit. To be a 

qualifying banker’s bank, an institution 

must meet the definition of this term in 

12 U.S.C. 24 and conduct at least 50 

percent of its business with entities 

other than its parent holding company 

or entities other than those controlled 

either directly or indirectly by its parent 

holding company.10 Accordingly, the 

agencies propose to add a yes/no 

question to Call Report Schedule RC–O 

and TFR Schedule DI that would ask 

whether the reporting institution meets 

both the statutory definition of a 

banker’s bank and the business conduct 

test. If the institution answers in the 

affirmative (i.e., that it is a qualifying 

banker’s bank), the institution would 

then report the data needed by the FDIC 

to determine the amount to be deducted 

from its assessment base in two 

proposed new items. More specifically, 

a qualifying banker’s bank would use 

the same averaging method it used to 

calculate average consolidated total 

assets, i.e., daily or weekly, to report the 

average amounts of (1) its banker’s bank 

deductions, which is the sum of the 


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11 In Call Report Schedule RC–T—Fiduciary and 

Related Services Income, the sum of item 10, 

columns A and B, plus item 11, column B. In TFR 

Schedule FS—Fiduciary and Related Services, the 

sum of line items FS20, FS21, and FS280. 

12 In the Call Report, income from fiduciary 

activities is reported in Schedule RI—Income 

Statement, item 5.a, and total revenue is the sum 

of two Schedule RI items: item 1.h, ‘‘Total interest 

income,’’ and item 5.m, ‘‘Total noninterest income.’’ 

In the TFR, income from fiduciary activities is 

reported in Schedule FS, line item FS30, and total 

revenue is the sum of two line items in Schedule 

SO—Consolidated Statement of Operations: line 

item SO11, Total ‘‘Interest income,’’ and line item 

SO42, Total ‘‘Noninterest income.’’ 

13As defined in Federal Reserve Regulation D, a 

‘‘transaction account’’ is defined in general 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. For 

purposes of the proposed new transaction account 

item, custodial banks with deposits in foreign 

offices would include foreign office deposit 

liabilities with the characteristics of a transaction 

account that are linked to fiduciary, custody, and 

safekeeping accounts. 

14 In the Call Report, the types of assets that are 

custodial bank low-risk assets are included, as of 

quarter-end, in items 34 through 37, columns C 

(zero percent risk weight) and D (20 percent risk 

weight), of Schedule RC–R—Regulatory Capital. In 

the TFR, the types of assets that are custodial bank 

low-risk assets are included, as of quarter-end, in 

line items CCR400, CCR405, CCR409, and CCR415 

(zero percent risk weight) and in line items CCR430, 

CCR435, CCR440, CCR445, and CCR450 (20 percent 

risk weight) of Schedule CCR—Consolidated 

Capital Requirement. 

15 In the Call Report, Schedule RC–O, items 7.a 

and 8.a, respectively. In the TFR, Schedule DI, line 

items DI645 and DI655, respectively. 

16As defined in the FDIC’s final rule, a credit 

card bank is an IDI for which credit card receivables 

plus securitized receivables exceed 50 percent of 

assets plus securitized receivables. 

17Under both the FDIC’s final rule and the FDIC’s 

existing assessment regulations, an insured U.S. 

branch of a foreign bank is a ‘‘small institution’’ 

regardless of its total assets. 

18See sections 327.8(f), (g), and (s) of the FDIC’s 

regulations for the full definitions of the terms 

‘‘large institution,’’ ‘‘highly complex institution,’’ 

and ‘‘processing bank or trust company,’’ 

respectively. Insured U.S. branches of foreign banks 

are excluded from these categories of institutions. 

averages of its balances due from the 

Federal Reserve and its Federal funds 

sold, and (2) its banker’s bank deduction 

limit, which is the sum of the averages 

of its deposit balances due to 

commercial banks and other depository 

institutions in the United States and its 

Federal funds purchased. 

Also as mentioned above, an 

institution that is a custodial bank is 

permitted to deduct certain average lowrisk assets from its assessment base up 

to a specified limit. As defined in the 

FDIC’s final rule, a custodial bank is an 

IDI with previous calendar year-end 

‘‘fiduciary and custody and safekeeping 

assets’’ of at least $50 billion 11 or 

previous calendar year income from 

fiduciary activities of at least 50 percent 

of its previous calendar year revenue.12

Accordingly, as has been proposed for 

banker’s banks, the agencies propose to 

add a yes/no question to Call Report 

Schedule RC–O and TFR Schedule DI 

that would ask whether the reporting 

institution meets the definition of a 

custodial bank. If the institution 

answers in the affirmative (i.e., that it is 

a qualifying custodial bank), the 

institution would then report the data 

necessary for the FDIC to determine the 

amount to be deducted from its 

assessment base in two proposed new 

items. In this regard, custodial banks 

would report the average amount of (1) 

qualifying low-risk assets and (2) 

transaction account deposit liabilities 

linked to a fiduciary, custody, or 

safekeeping account.13 A custodial bank 

would compute these averages using the 

same averaging method it used to 

calculate average consolidated total 

assets, i.e., daily or weekly. Qualifying 

low-risk assets are the portion of the 

custodial bank’s cash and balances due 

from depository institutions, held-tomaturity securities, available-for-sale 

securities, Federal funds sold, and 

securities purchased under agreements 

to resell (as defined in Call Report 

Schedule RC—Balance Sheet, items 1, 

2.a, 2.b, 3.a, and 3.b, respectively) that 

have a zero percent risk weight for riskbased capital purposes plus 50 percent 

of the portion of these same five types 

of assets that have a 20 percent risk 

weight.14

As an input to the new Depository 

Institution Debt adjustment created in 

the FDIC’s final rule, the agencies 

propose to add an item to Call Report 

Schedule RC–O, TFR Schedule DI, and 

FFIEC 002 report Schedule O in which 

IDIs would report the amount of their 

holdings of long-term unsecured debt 

issued by other IDIs (as reported on the 

balance sheet). Debt would be 

considered long-term if it has a 

remaining maturity of at least one year, 

except if the holder has the option to 

redeem the debt within the next 12 

months. Unsecured debt includes senior 

unsecured liabilities and subordinated 

debt. Senior unsecured liabilities are 

unsecured liabilities that are reportable 

as ‘‘Other borrowings’’ by the issuing IDI 

on its quarterly regulatory report, 

excluding any such liabilities that the 

FDIC has guaranteed under the 

Temporary Liquidity Guarantee Program 

(12 CFR part 370). Subordinated debt 

includes subordinated notes and 

debentures and limited-life preferred 

stock. 

Finally, the agencies are proposing to 

make an instructional change to two 

existing Call Report and TFR items that 

are used to determine the unsecured 

debt adjustment. For the data items for 

‘‘Unsecured ‘Other borrowings’ ’’ and 

‘‘Subordinated notes and debentures’’ 

with a remaining maturity of one year 

or less,15 the instructions would be 

revised to include debt instruments for 

which the holder has the option to 

redeem the debt within one year of the 

report date. 

II. Risk-Based Assessment System for 

Large Insured Depository Institutions 

The FDIC’s final rule amends the 

assessment system applicable to large 

IDIs to better capture risk at the time the 

institution assumes the risk, better 

differentiate risk among large IDIs 

during periods of good economic and 

banking conditions based on how they 

would fare during periods of stress or 

economic downturns, and better take 

into account the losses that the FDIC 

may incur if a large IDI fails. 

Under the FDIC’s final rule, 

assessment rates for large IDIs will be 

calculated using a scorecard that 

combines CAMELS ratings and certain 

forward-looking financial measures to 

assess the risk a large institution poses 

to the DIF. One scorecard will apply to 

most large institutions and another to 

institutions that are structurally and 

operationally complex or pose unique 

challenges and risk in the case of failure 

(highly complex institutions). In general 

terms, a large institution is an IDI with 

total assets of $10 billion or more 

whereas a highly complex institution is 

an IDI (other than a credit card bank 16) 

with total assets of $50 billion or more 

that is controlled by a U.S. holding 

company that has total assets of $500 

billion or more or an IDI that is a 

processing bank or trust company.17 A 

processing bank or trust company 

generally is an IDI with total assets of 

$10 billion or more; total fiduciary 

assets of $500 billion or more; and total 

non-lending interest income, fiduciary 

revenues (which must not be zero), and 

investment banking fees for the last 

three years in excess of 50 percent of 

total revenues.18

The scorecard for large institutions 

(other than highly complex institutions) 

produces two scores—a performance 

score and a loss severity score—that are 

converted into a total score. The 

performance score measures a large 

institution’s financial performance and 

its ability to withstand stress. The loss 

severity score measures the relative 

magnitude of potential losses to the 


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19 It is not necessary to add the data items for 

highly complex institutions to the TFR because no 

savings associations are expected to meet the 

definition of a highly complex institution. If a 

savings association were to become a highly 

complex institution before its proposed conversion 

from filing TFRs to filing Call Reports effective 

March 31, 2012 (see 76 FR 7082, February 8, 2011), 

the FDIC would collect the necessary data directly 

from the savings association. 

FDIC in the event of a large institution’s 

failure. 

The performance score for large 

institutions is a weighted average of the 

scores for three components: (1) 

Weighted average CAMELS rating score; 

(2) ability to withstand asset-related 

stress score; and (3) ability to withstand 

funding-related stress score. The score 

for the ability to withstand asset-related 

stress is a weighted average of the scores 

for four measures: 

• Tier 1 leverage ratio; 

• Concentration measure (the greater 

of the higher-risk assets to the sum of 

Tier 1 capital and reserves score or the 

growth-adjusted portfolio 

concentrations score); 

• The ratio of core earnings to average 

quarter-end total assets; and 

• Credit quality measure (the greater 

of the criticized and classified items to 

the sum of Tier 1 capital and reserves 

score or the underperforming assets to 

the sum of Tier 1 capital and reserves 

score). 

The score for the ability to withstand 

funding-related stress is the weighted 

average of the scores for two measures 

that are most relevant to assessing a 

large institution’s ability to withstand 

such stress: 

• A core deposits-to-total liabilities 

ratio; and 

• A balance sheet liquidity ratio, 

which measures the amount of highly 

liquid assets needed to cover potential 

cash outflows in the event of stress. 

The loss severity score for large 

institutions is based on a loss severity 

measure that estimates the relative 

magnitude of potential losses to the 

FDIC in the event of a large institution’s 

failure. The loss severity measure 

applies a standardized set of 

assumptions (based on recent failures) 

regarding liability runoffs and the 

recovery value of asset categories to 

calculate possible losses to the FDIC. 

Asset loss rate assumptions are based on 

estimates of recovery values for IDIs that 

failed or came close to failure. Run-off 

assumptions are based on the actual 

experience of IDIs that either failed or 

came close to failure from 2007 through 

2009. 

For highly complex institutions, there 

is a different scorecard with measures 

tailored to the risks these institutions 

pose. However, the structure and much 

of the scorecard for a highly complex 

institution are similar to the scorecard 

for other large institutions. Like the 

scorecard for other large institutions, the 

scorecard for highly complex 

institutions contains a performance 

score and a loss severity score. These 

scores are converted into a total score. 

The loss severity score for highly 

complex institutions is calculated the 

same way as the loss severity score for 

other large institutions. 

The performance score for highly 

complex institutions is the weighted 

average of the scores for the same three 

components as for large institutions: (1) 

Weighted average CAMELS rating score; 

(2) ability to withstand asset-related 

stress score; and (3) ability to withstand 

funding-related stress score. However, 

the measures contained in the latter two 

components for highly complex 

institutions differ from those for large 

institutions. 

The score for the ability to withstand 

asset-related stress is a weighted average 

of the scores for four measures: 

• Tier 1 leverage ratio; 

• Concentration measure (the greatest 

of the higher-risk assets to the sum of 

Tier 1 capital and reserves score, the top 

20 counterparty exposure to the sum of 

Tier 1 capital and reserves score, or the 

largest counterparty exposure to the 

sum of Tier 1 capital and reserves 

score); 

• The ratio of core earnings to average 

quarter-end total assets; and 

• Credit quality measure (the greater 

of the criticized and classified items to 

the sum of Tier 1 capital and reserves 

score or the underperforming assets to 

the sum of Tier 1 capital and reserves 

score) and market risk measure (the 

weighted average of the four-quarter 

trading revenue volatility to Tier 1 

capital score, the market risk capital to 

Tier 1 capital score, and the level 3 

trading assets to Tier 1 capital score). 

The score for the ability to withstand 

funding-related stress is the weighted 

average of the scores for three measures, 

the first two of which are also contained 

in the scorecard for large institutions: 

• A core deposits-to-total liabilities 

ratio; 

• A balance sheet liquidity ratio; and 

• An average short-term funding to 

average total assets ratio. 

The method for calculating the total 

score for large institutions and highly 

complex institutions is the same. Once 

the performance and loss severity scores 

are calculated for a large or highly 

complex institution, these scores are 

converted to a total score. Each 

institution’s total score is calculated by 

multiplying its performance score by a 

loss severity factor derived from its loss 

severity score. The total score is then 

used to determine the IBAR for each 

large institution and highly complex 

institution. 

For complete details on the scorecards 

for large institutions and highly 

complex institutions, including the 

measures used in the calculation of 

performance scores and loss severity 

scores, see the FDIC’s final rule. 

Proposed Regulatory Reporting Changes 

for the Revised Risk-Based Assessment 

System for Large Institutions and Highly 

Complex Institutions 

Most of the data used as inputs to the 

scorecard measures for large institutions 

and highly complex institutions are 

available from the Call Reports and 

TFRs filed quarterly by these 

institutions, but the data items needed 

to compute four scorecard measures— 

higher-risk assets, top 20 counterparty 

exposures, the largest counterparty 

exposure, and criticized/classified 

items—are not. With the revised riskbased assessment system for these 

institutions under the FDIC’s final rule 

taking effect in the second quarter of 

2011, the agencies are proposing that 

the new data items described below for 

large institutions be added to the Call 

Report and the TFR effective June 30, 

2011, and that the new data items 

described below for highly complex 

institutions be added to the Call Report 

as of that same date.19 In addition, 

certain other data items that will be 

used in the scorecards for large 

institutions are not currently reported in 

the TFR by savings associations. The 

agencies are proposing to add these data 

items to the TFR as of June 30, 2011, 

and they would be reported by savings 

associations that are large institutions or 

report $10 billion or more in total assets 

as of that or a subsequent quarter-end 

date. Currently, there are about 110 IDIs 

with $10 billion or more in total assets 

that would be affected by some or all of 

these additional reporting requirements, 

of which 20 are savings associations. 

The proposed new data items that 

would be completed by large 

institutions and highly complex 

institutions are first discussed below 

(sections A through G below), followed 

by a discussion of those proposed data 

items that would be completed only by 

highly complex institutions (sections H 

and I below). The proposed data items 

for criticized and classified items, 

nontraditional mortgage loans, subprime 

consumer loans, leveraged loans, top 20 

counterparty exposures, and largest 

counterparty exposure are currently 

gathered for the FDIC’s use through 

examination processes at large 


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20Loss items would include any items graded 

Loss that have not yet been written off against the 

allowance for loan and leases losses (or another 

valuation allowance) or charged directly to 

earnings, as appropriate. 

institutions and are treated as 

confidential examination information. 

The agencies are now proposing to 

obtain these data items directly from 

each large or highly complex institution 

in its regular quarterly regulatory report 

(Call Report or TFR) and use the 

reported data as inputs to scorecard 

measures. Because the agencies would 

continue to regard these items as 

examination information, the 

information would continue to be 

accorded confidential treatment when 

collected via the Call Report and TFR. 

Finally, publicly available data items 

currently collected in the Call Report 

that are proposed for addition to the 

TFR as new (publicly available) data 

items applicable to large institutions are 

discussed (section J below). 

A. Criticized and Classified Items— 

Separate data items would be added to 

the Call Report for the amount of items 

designated Special Mention, 

Substandard, Doubtful, and Loss.20

These four data items would be 

completed by large institutions and 

highly complex institutions and would 

cover both on- and off-balance sheet 

items that are criticized and classified. 

These data items are now collected on 

a confidential basis from all savings 

associations on the TFR in Schedule 

VA—Consolidated Valuation 

Allowances and Related Data in line 

items VA960, VA965, VA970, and 

VA975. 

According to Appendix A of the 

FDIC’s final rule: 

Criticized and classified items include 

items an institution or its primary Federal 

regulator have graded ‘‘Special Mention’’ or 

worse and include retail items under 

Uniform Retail Classification Guidelines, 

securities, funded and unfunded loans, other 

real estate owned (ORE), other assets, and 

marked-to-market counterparty positions, 

less credit valuation adjustments.2 Criticized 

and classified items exclude loans and 

securities in trading books, and the amount 

recoverable from the U.S. government, its 

agencies, or government-sponsored agencies, 

under guarantee or insurance provisions. 

2A marked-to-market counterparty 

position is equal to the sum of the net 

marked-to-market derivative exposures for 

each counterparty. The net marked-to-market 

derivative exposure equals the sum of all 

positive marked-to-market exposures net of 

legally enforceable netting provisions and net 

of all collateral held under a legally 

enforceable CSA plus any exposure where 

excess collateral has been posted to the 

counterparty. For purposes of the Criticized 

and Classified Items/Tier 1 Capital and 

Reserves definition a marked-to-market 

counterparty position less any credit 

valuation adjustment can never be less than 

zero. 

Saving associations that are large 

institutions or highly complex 

institutions would complete existing 

line items VA960, VA965, VA970, and 

VA975 in accordance with the 

preceding Appendix A guidance rather 

than the existing TFR instructions for 

these four line items. All other savings 

associations would continue to follow 

the existing TFR instructions for these 

four line items. 

B. Nontraditional Mortgage Loans— 

One item would be added to the Call 

Report and the TFR for the balance 

sheet amount of nontraditional 1–4 

family residential mortgage loans, 

including certain securitizations of such 

mortgages. The item would be 

completed by large institutions and 

highly complex institutions. As 

described in Appendix C of the FDIC’s 

final rule, nontraditional mortgage loans 

include all: 

residential loan products that allow the 

borrower to defer repayment of principal or 

interest and includes all interest-only 

products, teaser rate mortgages, and negative 

amortizing mortgages, with the exception of 

home equity lines of credit (HELOCs) or 

reverse mortgages.8, 9, 10

For purposes of the higher-risk 

concentration ratio, nontraditional mortgage 

loans include securitizations where more 

than 50 percent of the assets backing the 

securitization meet one or more of the 

preceding criteria for nontraditional mortgage 

loans, with the exception of those securities 

classified as trading book. 

8 For purposes of this rule making, a teaserrate mortgage loan is defined as a mortgage 

with a discounted initial rate where the 

lender offers a lower rate and lower 

payments for part of the mortgage term. 9 http://www.fdic.gov/regulations/laws/ 

federal/2006/06noticeFINAL.html. 10 A mortgage loan is no longer considered 

a nontraditional mortgage once the teaser rate 

has expired. An interest only loan is no 

longer considered nontraditional once the 

loan begins to amortize. 

The amount to be reported for 

nontraditional mortgage loans would 

include purchased credit impaired loans 

as defined in Financial Accounting 

Standards Board Accounting Standards 

Codification Subtopic 310–30, 

Receivables—Loans and Debt Securities 

Acquired with Deteriorated Credit 

Quality (formerly AICPA Statement of 

Position 03–3, ‘‘Accounting for Certain 

Loans or Debt Securities Acquired in a 

Transfer’’). The amount to be reported 

would exclude amounts recoverable on 

nontraditional mortgage loans from the 

U.S. government, its agencies, or 

government-sponsored agencies, under 

guarantee or insurance provisions. 

C. Subprime Consumer Loans—One 

item would be added to the Call Report 

and the TFR for the balance sheet 

amount of subprime consumer loans. 

The item would be completed by large 

institutions and highly complex 

institutions. According to Appendix C 

of the FDIC’s final rule, subprime loans 

include: 

loans made to borrowers that display one or 

more of the following credit risk 

characteristics (excluding subprime loans 

that are previously included as 

nontraditional mortgage loans) at origination 

or upon refinancing, whichever is more 

recent. 

• Two or more 30-day delinquencies in the 

last 12 months, or one or more 60-day 

delinquencies in the last 24 months; 

• Judgment, foreclosure, repossession, or 

charge-off in the prior 24 months; 

• Bankruptcy in the last 5 years; or 

• Debt service-to-income ratio of 50 

percent or greater, or otherwise limited 

ability to cover family living expenses after 

deducting total monthly debt-service 

requirements from monthly income.11

Subprime loans also include loans 

identified by an insured depository 

institution as subprime loans based upon 

similar borrower characteristics and 

securitizations where more than 50 percent 

of assets backing the securitization meet one 

or more of the preceding criteria for subprime 

loans, excluding those securities classified as 

trading book. 

11http://www.fdic.gov/news/news/press/ 

2001/pr0901a.html; however, the definition 

in the text above excludes any reference to 

FICO or other credit bureau scores. 

As with nontraditional mortgages, the 

amount to be reported for subprime 

loans would include purchased credit 

impaired loans, but would exclude 

amounts recoverable on subprime loans 

from the U.S. government, its agencies, 

or government-sponsored agencies, 

under guarantee or insurance 

provisions. 

D. Leveraged Loans—One item would 

be added to the Call Report and the TFR 

for the amount of leveraged loans. The 

item would be completed by large 

institutions and highly complex 

institutions. As described in Appendix 

C of the FDIC’s final rule, leveraged 

loans include: 

(1) All commercial loans (funded and 

unfunded) with an original amount greater 

than $1 million that meet any one of the 

conditions below at either origination or 

renewal, except real estate loans; (2) 

securities issued by commercial borrowers 

that meet any one of the conditions below at 

either origination or renewal, except 

securities classified as trading book; and (3) 

securitizations that are more than 50 percent 

collateralized by assets that meet any one of 

the conditions below at either origination or 

renewal, except securities classified as 

trading book.4, 5


jlentini on DSKJ8SOYB1PROD with NOTICES
14468 Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Notices 

21For the Call Report, see 76 FR 5253, January 28, 

2011. For the TFR, see 76 FR 6191, February 3, 

2011. 22See footnote 21. 

• Loans or securities where borrower’s 

total or senior debt to trailing twelve-month 

EBITDA 6 (i.e. operating leverage ratio) is 

greater than 4 or 3 times, respectively. For 

purposes of this calculation, the only 

permitted EBITDA adjustments are those 

adjustments specifically permitted for that 

borrower in its credit agreement; or 

• Loans or securities that are designated as 

highly leveraged transactions (HLT) by 

syndication agent.7

4The following guidelines should be used 

to determine the ‘‘original amount’’ of a loan: 

(1) For loans drawn down under lines of 

credit or loan commitments, the ‘‘original 

amount’’ of the loan is the size of the line of 

credit or loan commitment when the line of 

credit or loan commitment was most recently 

approved, extended, or renewed prior to the 

report date. However, if the amount currently 

outstanding as of the report date exceeds this 

size, the ‘‘original amount’’ is the amount 

currently outstanding on the report date. 

(2) For loan participations and 

syndications, the ‘‘original amount’’ of the 

loan participation or syndication is the entire 

amount of the credit originated by the lead 

lender. 

(3) For all other loans, the ‘‘original 

amount’’ is the total amount of the loan at 

origination or the amount currently 

outstanding as of the report date, whichever 

is larger. 5Leveraged loans criteria are consistent 

with guidance issued by the Office of the 

Comptroller of the Currency in its 

Comptroller’s Handbook, http:// 

www.occ.gov/static/publications/handbook/ 

LeveragedLending.pdf, but do not include all 

of the criteria in the handbook. 6Earnings before interest, taxes, 

depreciation, and amortization. 7http://www.fdic.gov/news/news/press/ 

2001/pr2801.html. 

Institutions would report the balance 

sheet amount of leveraged loans that 

have been funded. Unfunded amounts 

include the unused portions of 

irrevocable and revocable commitments 

to make or purchase leveraged loans. 

The amount to be reported for leveraged 

loans would include purchased credit 

impaired loans, but would exclude 

amounts recoverable on leveraged loans 

from the U.S. government, its agencies, 

or government-sponsored agencies, 

under guarantee or insurance 

provisions. 

E. Loans Wholly or Partially 

Guaranteed by the U.S. Government— 

As the first step in the calculation of the 

growth-adjusted portfolio concentration 

measure for large institutions, 

concentration levels are determined for 

each of seven loan portfolio categories: 

• Construction and land development 

loans secured by real estate (including 

land loans); 

• Other commercial real estate loans 

(including loans secured by multifamily 

and nonfarm nonresidential properties); 

• First lien 1–4 family residential 

mortgages (including non-agency 

residential mortgage-backed securities); 

• Closed-end junior lien 1–4 family 

residential mortgages and home equity 

lines of credit; 

• Commercial and industrial loans; 

• Credit card loans; and 

• Other consumer loans. 

The concentration calculations 

include purchased credit impaired 

loans, but exclude amounts recoverable 

from the U.S. government, including its 

agencies and its sponsored agencies, 

under guarantee or insurance 

provisions. In addition, for both large 

institutions and highly complex 

institutions, one of the components of 

the higher risk assets concentration 

measure is the amount of funded and 

unfunded construction and land 

development loans secured by real 

estate (including land loans). 

The agencies separately have 

proposed to collect the amount of 

funded loans in each of these categories 

that is covered by loss-sharing 

agreements with the FDIC effective 

March 31, 2011.21 However, the 

agencies do not collect data on the 

portion of funded and unfunded loans 

that are wholly or partially guaranteed 

or insured by the U.S. government when 

the guarantor or insurer is not the FDIC, 

nor do they collect data on the portion 

of unfunded construction and land 

development loan commitments 

covered by FDIC loss-sharing 

agreements. Therefore, the agencies are 

proposing to add items to the Call 

Report and TFR for each of the seven 

loan categories mentioned above in 

which large institutions would report 

the portion of the balance sheet amount 

of funded loans that is guaranteed or 

insured by the U.S. government, 

including its agencies and its 

government-sponsored agencies, other 

than by the FDIC under loss-sharing 

agreements. In addition, for the higher 

risk assets concentration measure, the 

new item for funded U.S. governmentguaranteed or -insured construction and 

land development loans would be 

completed by highly complex 

institutions. An additional proposed 

new item for the portion of unfunded 

construction and land development loan 

commitments that is guaranteed or 

insured by the U.S. government, 

including by the FDIC, would be 

completed by large institutions and 

highly complex institutions. 

Examples of loans to be included in 

the proposed new items include those 

guaranteed by the Small Business 

Administration and insured by the 

Federal Housing Administration. 

Institutions would exclude loans 

guaranteed or insured by State or local 

governments, State or local government 

agencies, foreign (non-U.S.) 

governments, and private agencies or 

organizations as well as loans 

collateralized by securities issued by the 

U.S. government, including its agencies 

and its government-sponsored agencies. 

F. Other Real Estate Owned Wholly or 

Partially Guaranteed by the U.S. 

Government—When calculating the 

underperforming assets ratio for large 

institutions and highly complex 

institutions, the amount of other real 

estate owned (ORE) that is recoverable 

from the U.S. government, including its 

agencies and its sponsored agencies, 

under guarantee or insurance provisions 

is excluded from the overall amount of 

ORE as reported on the balance sheet. 

The agencies separately have proposed 

to collect data on the portion of ORE 

that is covered by loss-sharing 

agreements with the FDIC effective 

March 31, 2011.22 Institutions currently 

report certain other information on ORE 

that is protected in whole or in part by 

a U.S. government guarantee or 

insurance in the Call Report and TFR. 

However, the amount of ORE 

recoverable from the U.S. government, 

other than through FDIC loss-sharing 

agreements, cannot be determined from 

these existing Call Report and TFR data 

items. Therefore, the agencies are 

proposing to add an item to the Call 

Report and the TFR in which large 

institutions and highly complex 

institutions would report the amount of 

ORE that is recoverable from the U.S. 

government, including its agencies and 

its sponsored agencies, under guarantee 

or insurance provisions, excluding any 

ORE covered under FDIC loss-sharing 

agreements. Institutions would also 

exclude ORE protected under guarantee 

or insurance provisions by State or local 

governments, State or local government 

agencies, foreign (non-U.S.) 

governments, and private agencies or 

organizations. 

G. Core Deposit Ratio—One item 

would be added to the Call Report and 

TFR to support the calculation of the 

core deposits/total liabilities ratio. 

Appendix A of the FDIC’s final rule 

states that that this ratio equals ‘‘[t]otal 

domestic deposits excluding brokered 

deposits and uninsured non-brokered 

time deposits divided by total 

liabilities.’’ Large institutions and highly 

complex institutions would complete a 

new item for the amount of their 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Notices 14469 

nonbrokered time deposits of more than 

$250,000. The agencies currently collect 

the other components of this ratio in the 

Call Report and the TFR. 

H. Top 20 Counterparty Exposures— 

An item would be added to the Call 

Report for the total amount of the 

institution’s 20 largest counterparty 

exposures, which would be completed 

only by highly complex institutions. 

According to Appendix A of the FDIC’s 

final rule: 

Counterparty exposure is equal to the sum 

of Exposure at Default (EAD) associated with 

derivatives trading and Securities Financing 

Transactions (SFTs) and the gross lending 

exposure (including all unfunded 

commitments) for each counterparty or 

borrower at the consolidated entity level [of 

the counterparty].1

1 EAD and SFTs are defined and described 

in the compilation issued by the Basel 

Committee on Banking Supervision in its 

June 2006 document, ‘‘International 

Convergence of Capital Measurement and 

Capital Standards.’’ The definitions are 

described in detail in Annex 4 of the 

document. Any updates to the Basel II capital 

treatment of counterparty credit risk would 

be implemented as they are adopted. http:// 

www.bis.org/publ/bcbs128.pdf. 

I. Largest Counterparty Exposure—An 

item would be added to the Call Report 

for the amount of the institution’s 

largest counterparty exposure, which 

would be completed only by highly 

complex institutions. The counterparty 

exposure would be measured as 

described above for the top 20 

counterparty exposures. 

J. Items for Addition to the TFR—As 

previously mentioned, certain data 

items used in the scorecards for large 

institutions are not currently reported in 

the TFR by savings associations, but are 

reported in the Call Report. 

In particular, trading assets are only 

reported as a supplemental item on the 

TFR (line item SI375 in Schedule SI) 

and trading liabilities are not reported at 

all. Thus, when evaluating the 

composition of the balance sheet in TFR 

Schedule SC—Consolidated Statement 

of Condition, the asset and liability 

categories presented in the schedule 

combine amounts held for trading with 

amounts held for purposes other than 

trading. In contrast, the Call Report 

balance sheet (Schedule RC) includes 

separate line items for trading assets and 

trading liabilities, and banks that 

reported average trading assets of $2 

million or more in any of the four 

preceding calendar quarters must 

complete a separate trading schedule 

(Schedule RC–D) that provides detailed 

information on the composition of 

trading assets and liabilities. 

To calculate the loss severity measure 

and the balance sheet liquidity ratio in 

accordance with the FDIC’s final rule for 

savings associations that are large 

institutions, the agencies are proposing 

that savings associations that are 

defined as large institutions or report 

$10 billion or more in total assets in 

their June 30, 2011, or a subsequent TFR 

would provide data on the fair value of 

trading assets and liabilities included in 

various balance sheet asset and liability 

categories reported in TFR Schedule SC. 

Asset categories for which the amount 

of trading assets included in the 

category would be reported are: 

• ‘‘Other Interest-Earning Deposits’’ 

(line item SC118); 

• ‘‘Federal Funds Sold and Securities 

Purchased Under Agreements to Resell’’ 

(line item SC125); 

• ‘‘U.S. Government, Agency, and 

Sponsored Enterprise Securities’’ (line 

item SC130); 

• ‘‘Equity Securities Carried at Fair 

Value’’ (line item SC140); 

• ‘‘State and Municipal Obligations’’ 

(line item SC180); 

• ‘‘Securities Backed by Nonmortgage 

Loans’’ (line item SC182); 

• ‘‘Other Investment Securities’’ (line 

item SC185); 

• ‘‘Other Pass-Through’’ mortgagebacked securities (line item SC215); 

• ‘‘Other’’ mortgage-backed securities 

(line item SC222); 

• Mortgage-backed securities other 

than the preceding two categories (line 

items SC210, 217, and 219); 

• ‘‘Construction Loans’’ (line items 

SC230, SC235, and SC240); 

• ‘‘Revolving, Open-End Loans’’ on 1– 

4 family residential properties (line item 

SC251); 

• Loans ‘‘Secured by First Liens’’ on 

1–4 family residential properties (line 

item SC254); 

• Loans ‘‘Secured by Junior Liens’’ on 

1–4 family residential properties (line 

item SC255); 

• Real estate loans on ‘‘Multifamily (5 

or More) Dwelling Units’’ (line item SC 

256); 

• Real estate loans on ‘‘Nonresidential 

Property (Except Land)’’ (line item 

SC260) (with loans secured by nonfarm 

nonresidential properties and loans 

secured by farmland reported 

separately); 

• Loans secured by ‘‘Land’’ (line item 

SC265); 

• ‘‘Commercial Loans’’ (line item 

SC32); 

• ‘‘Credit Cards’’ (line item SC328); 

• Other ‘‘Consumer Loans’’ (line items 

SC310, SC316, SC320, SC323, SC326, 

and SC330); 

• ‘‘Other’’ equity investments not 

carried at fair value (line item SC540); 

• ‘‘Interest-Only Strip Receivables 

and Certain Other Instruments’’ (line 

item SC665); and 

• ‘‘Other Assets’’ (line item SC689). 

Liability categories for which the 

amount of trading liabilities included in 

the category would be reported are: 

• Federal funds purchased (line items 

DI630 and DI635); 

• ‘‘Securities sold under agreements 

to repurchase’’ (line item DI641); 

• ‘‘Mortgage Collateralized Securities 

Issued: CMOs (including REMICs)’’ (line 

item SC740); 

• ‘‘Other Borrowings’’ (line item 

SC760); and 

• ‘‘Other Liabilities and Deferred 

Income’’ (line item SC796). 

Other data items the agencies are 

proposing to collect in the TFR from 

savings associations that are large 

institutions or report $10 billion or more 

in total assets in their June 30, 2011, or 

a subsequent TFR include: 

• Amortized cost and fair value of 

‘‘U.S. Government, Agency, and 

Sponsored Enterprise Securities’’ (line 

item SC130), with these two amounts 

reported separately for held-to-maturity 

and available-for-sale securities; 

• Real estate loans secured by 

farmland (not held for trading) included 

in loans secured by ‘‘Nonresidential 

Property’’ (line item SC260); 

• Loans to finance agricultural 

production and other loans to farmers 

(not held for trading) included in 

‘‘Secured’’ and ‘‘Unsecured’’ commercial 

loans (line items SC300 and SC303); 

• ‘‘Advances from Federal Home Loan 

Bank’’ with a remaining maturity of one 

year or less (included in line item 

SC720); 

• ‘‘Mortgage Collateralized Securities 

Issued: CMOs (including REMICs)’’ with 

a remaining maturity of one year or less 

(included in line item SC740); 

• ‘‘Other Borrowings’’ with a 

remaining maturity of one year or less 

(included in line item SC760); 

• Commitments to fund commercial 

real estate, construction, and land 

development loans secured by real 

estate (included in line items CC105, 

CC290, and CC300), with amounts 

reported separately for (1) 1–4 family 

residential construction loan 

commitments and (2) commercial real 

estate, other construction loan, and land 

development loan commitments; and 

• Deposits in foreign offices, Edge 

and Agreements subsidiaries, and 

International Banking Facilities 

(included in line item SC71). 

As mentioned above, these proposed 

changes to the TFR would revise the 

reporting requirements for savings 

associations that are large institutions 

by adding data items for information not 

currently collected in the TFR that 

banks already report in the Call Report. 

This proposal is consistent with the 


jlentini on DSKJ8SOYB1PROD with NOTICES
14470 Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Notices 

23 76 FR 7082, February 8, 2011. 

24 76 FR 7085, February 8, 2011. 

agencies’ separate proposal to require all 

savings associations currently filing the 

TFR to convert to filing the Call Report 

beginning with the reporting period 

ending on March 31, 2012.23 As stated 

in the agencies’ TFR-to-Call Report 

conversion proposal, ‘‘[t]o help reduce 

the burden with converting reports, the 

[conversion] proposal would: 1. Curtail 

all proposed changes to the TFR for 

2011 that would increase the differences 

between the TFR and the Call Report.’’ 24

Although the proposed changes to the 

TFR discussed above in this section J of 

the notice are intended to achieve 

consistency with the Call Report for 

savings associations that are large 

institutions, adding these new data 

items to the TFR in June 2011 has the 

effect of partially accelerating the 

conversion to the Call Report by large 

savings associations. This June 2011 

effective date is three quarters sooner 

than the large savings associations 

would otherwise be required to report 

this information in the Call Report upon 

their proposed conversion from the TFR 

in March 2012. 

Request for Comment 

Public comment is requested on all 

aspects of this joint notice. Comments 

are invited on: 

(a) Whether the proposed revisions to 

the collections of information that are 

the subject of this notice 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 as they are 

proposed to be revised, including the 

validity of the methodology and 

assumptions 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. 

Dated: March 7, 2011. 

Michele Meyer, 

Assistant Director, Legislative and Regulatory 

Activities Division, Office of the Comptroller 

of the Currency. 

Jennifer J. Johnson, 

Secretary of the Board. 

Dated at Washington, DC, this 10th day of 

March, 2011. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

Dated: March 10, 2011. 

Ira L. Mills, 

Paperwork Clearance Officer, Office of Chief 

Counsel, Office of Thrift Supervision. 

[FR Doc. 2011–6046 Filed 3–15–11; 8:45 am] 

BILLING CODE 6714–01–P; 6210–01–P; 6720–01–P; 

4810–33–P 


jlentini on DSKJ8SOYB1PROD with NOTICES