[Federal Register Volume 89, Number 18 (Friday, January 26, 2024)]
[Notices]
[Pages 5297-5305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01532]


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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency

FEDERAL RESERVE SYSTEM

FEDERAL DEPOSIT INSURANCE CORPORATION


Proposed Agency Information Collection Activities; Comment 
Request

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

ACTION: Joint notice and request for comment.

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SUMMARY: In accordance with the requirements of the Paperwork Reduction 
Act of 1995 (PRA), the OCC, the Board, and the FDIC (the agencies) may 
not conduct or sponsor, and the respondent is not required to respond 
to, an information collection unless it displays a currently valid 
Office of Management and Budget (OMB) control number. The Federal 
Financial Institutions Examination Council (FFIEC), of which the 
agencies are members, has approved the agencies' publication for public 
comment of a proposal to extend for three years, with revision, the 
Consolidated Reports of Condition and Income (Call Report) (FFIEC 031, 
FFIEC 041, and FFIEC 051), the Regulatory Capital Reporting for 
Institutions Subject to the Advanced Capital Adequacy Framework (FFIEC 
101), and the Market Risk Regulatory Report for Institutions Subject to 
the Market Risk Capital Rule (FFIEC 102), which are currently approved 
collections of information for each agency. The agencies are requesting 
comment on proposed revisions to these collections related to the 
agencies' regulatory capital rule proposal that was published on 
September 18, 2023 (proposed capital rule). The reporting revisions are 
proposed to be effective as of the September 30, 2025, report date. At 
the end of the comment period for this notice, the FFIEC and the 
agencies will review any comments received to determine whether to 
modify the proposal in response to such comments. As required by the 
PRA, the agencies

[[Page 5298]]

will then publish a second Federal Register notice for a 30-day comment 
period and submit the final Call Report, FFIEC 101 and FFIEC 102 to OMB 
for review and approval.

DATES: Comments must be submitted on or before March 26, 2024.

ADDRESSES: Interested parties are invited to submit written comments to 
any or all of the agencies. All comments, which should refer to the 
``Call Report, FFIEC 101 and FFIEC 102 Revisions,'' will be shared 
among the agencies.
    OCC: You may submit comments, which should refer to ``Call Report, 
FFIEC 101 and FFIEC 102 Revisions,'' by any of the following methods:
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#91e1e3f0f8fff7fed1fef2f2bfe5e3f4f0e2bff6fee7"><span class="__cf_email__" data-cfemail="bacac8dbd3d4dcd5fad5d9d994cec8dfdbc994ddd5cc">[email protected]</span></a>.
    <bullet> Mail: Chief Counsel's Office, Attention: Comment 
Processing, Office of the Comptroller of the Currency, Attention: 1557-
0081, 1557-0239, and 1557-0325, 400 7th Street SW, Suite 3E-218, 
Washington, DC 20219.
    <bullet> Hand Delivery/Courier: 400 7th Street SW, Suite 3E-218, 
Washington, DC 20219.
    <bullet> Fax: (571) 293-4835.
    Instructions: You must include ``OCC'' as the agency name and 
``1557-0081, 1557-0239, 1557-0325'' in your comment. In general, the 
OCC will publish comments on www.reginfo.gov without change, including 
any business or personal information provided, such as name and address 
information, email addresses, or phone numbers. Comments received, 
including attachments and other supporting materials, are part of the 
public record and subject to public disclosure. Do not include any 
information in your comment or supporting materials that you consider 
confidential or inappropriate for public disclosure.
    Following the close of this notice's 60-day comment period, the OCC 
will publish a second notice with a 30-day comment period. You may 
review comments and other related materials that pertain to this 
information collection beginning on the date of publication of the 
second notice for this collection by the method set forth in the next 
bullet.
    <bullet> Viewing Comments Electronically: Go to www.reginfo.gov. 
Hover over the ``Information Collection Review'' tab and click on 
``Information Collection Review'' from the drop-down menu. From the 
``Currently under Review'' drop-down menu, select ``Department of 
Treasury'' and then click ``submit.'' This information collection can 
be located by searching OMB control number ``1557-0081'' or ``1557-
0239'' or ``1557-0325.'' Upon finding the appropriate information 
collection, click on the related ``ICR Reference Number.'' On the next 
screen, select ``View Supporting Statement and Other Documents'' and 
then click on the link to any comment listed at the bottom of the 
screen.
    <bullet> For assistance in navigating www.reginfo.gov, please 
contact the Regulatory Information Service Center at (202) 482-7340.
    Board: You may submit comments, which should refer to ``Call 
Report, FFIEC 101 and FFIEC 102 Revisions,'' by any of the following 
methods:
    <bullet> Agency Website: http://www.federalreserve.gov. Follow the 
instructions for submitting comments at: http://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#9deff8faeeb3fef2f0f0f8f3e9eeddfbf8f9f8effcf1eff8eef8efebf8b3faf2eb"><span class="__cf_email__" data-cfemail="7e0c1b190d501d1113131b100a0d3e181b1a1b0c1f120c1b0d1b0c081b50191108">[email protected]</span></a>. Include ``Call 
Report, FFIEC 101, and FFIEC 102 Revisions,'' in the subject line of 
the message.
    <bullet> Fax: (202) 452-3819 or (202) 452-3102.
    <bullet> Mail: Ann E. Misback, Secretary, Board of Governors of the 
Federal Reserve System, 20th Street and Constitution Avenue NW, 
Washington, DC 20551.
    All public comments are available on the Board's website at https://www.federalreserve.gov/apps/foia/proposedregs.aspx as submitted, 
unless modified for technical reasons. Accordingly, your comments will 
not be edited to remove any identifying or contact information.
    FDIC: You may submit comments, which should refer to ``Call Report, 
FFIEC 101 and FFIEC 102 Revisions,'' by any of the following methods:
    <bullet> Agency Website: https://www.fdic.gov/regulations/laws/federal/. Follow the instructions for submitting comments on the FDIC's 
website.
    <bullet> Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#690a0604040c071d1a292f2d202a470e061f"><span class="__cf_email__" data-cfemail="13707c7e7e767d67605355575a503d747c65">[email protected]</span></a>. Include ``Call Report, FFIEC 101 
and FFIEC 102 Revisions,'' in the subject line of the message.
    <bullet> Mail: Manuel E. Cabeza, Counsel, Attn: Comments, Room 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 550 17th Street Building (located on F 
Street) on business days between 7:00 a.m. and 5:00 p.m.
    <bullet> Public Inspection: All comments received will be posted 
without change to https://www.fdic.gov/regulations/laws/federal/ 
including any personal information provided. Paper copies of public 
comments may be requested from the FDIC Public Information Center by 
telephone at (877) 275-3342 or (703) 562-2200.
    Additionally, commenters may send a copy of their comments to the 
OMB desk officers for the agencies by mail to the Office of Information 
and Regulatory Affairs, U.S. Office of Management and Budget, New 
Executive Office Building, Room 10235, 725 17th Street NW, Washington, 
DC 20503; by fax to (202) 395-6974; or by email to 
<a href="/cdn-cgi/l/email-protection#1976706b78466a6c7b74706a6a7076775976747b377c7669377e766f"><span class="__cf_email__" data-cfemail="abc4c2d9caf4d8dec9c6c2d8d8c2c4c5ebc4c6c985cec4db85ccc4dd">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: For further information about the 
proposed revisions to the information collections discussed in this 
notice, please contact any of the agency staff whose names appear 
below. In addition, copies of the report forms and instructions for the 
Call Report, FFIEC 101 and FFIEC 102 can be obtained at the FFIEC's 
website (https://www.ffiec.gov/ffiec_report_forms.htm).
    OCC: Kevin Korzeniewski, Counsel, Chief Counsel's Office, (202) 
649-5490.
    Board: Nuha Elmaghrabi, Federal Reserve Board Clearance Officer, 
(202) 452-3884, Office of the Chief Data Officer, Board of Governors of 
the Federal Reserve System, 20th and C Streets NW, Washington, DC 
20551. Telecommunications Device for the Deaf (TDD) users may call 
(202) 263-4869.
    FDIC: Manuel E. Cabeza, Counsel, (202) 898-3767, Legal Division, 
Federal Deposit Insurance Corporation, 550 17th Street NW, Washington, 
DC 20429.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Affected Reports
    A. Call Report (FFIEC 031, FFIEC 041, and FFIEC 051)
    B. FFIEC 101
    C. FFIEC 102
II. Current Actions
    Recently Proposed Amendments to the Regulatory Capital Rule for 
Large Banking Organizations and Banking Organizations With 
Significant Trading Activity
    1. Background
    2. Proposed Revisions to the Call Report
    3. Proposed Revisions to the FFIEC 101
    4. Proposed Revisions to the FFIEC 102
    5. Proposed FFIEC 102a
III. Timing
IV. Request for Comment

I. Affected Reports

    All of the proposed reporting changes discussed in this notice 
affect the Call Report, FFIEC 101 and FFIEC 102.

A. Call Reports (FFIEC 031, FFIEC 041, and FFIEC 051)

    The agencies propose to extend for three years, with revision, 
their information collections associated with the FFIEC 031, FFIEC 041, 
and FFIEC 051 Call Reports.

[[Page 5299]]

    Report Title: Consolidated Reports of Condition and Income (Call 
Report).
    Form Number: FFIEC 031 (Consolidated Reports of Condition and 
Income for a Bank with Domestic and Foreign Offices), FFIEC 041 
(Consolidated Reports of Condition and Income for a Bank with Domestic 
Offices Only), and FFIEC 051 (Consolidated Reports of Condition and 
Income for a Bank with Domestic Offices Only and Total Assets Less Than 
$5 Billion).
    Frequency of Response: Quarterly.
    Affected Public: Business or other for-profit.
    Type of Review: Revision and extension of currently approved 
collections.
OCC
    OMB Control No: 1557-0081.
    Estimated Number of Respondents: 1,015 national banks and federal 
savings associations.
    Estimated Average Burden per Response: 40.69 burden hours per 
quarter to file.
    Estimated Total Annual Burden: 165,201 burden hours to file.
Board
    OMB Control No.: 7100-0036.
    Estimated Number of Respondents: 699 state member banks.
    Estimated Average Burden per Response: 44.13 burden hours per 
quarter to file.
    Estimated Total Annual Burden: 123,387 burden hours to file.
FDIC
    OMB Control No.: 3064-0052.
    Estimated Number of Respondents: 2,990 insured state nonmember 
banks and state savings associations.
    Estimated Average Burden per Response: 38.86 burden hours per 
quarter to file.
    Estimated Total Annual Burden: 464,766 burden hours to file.
    The estimated average burden hours collectively reflect the 
estimates for the FFIEC 031, the FFIEC 041, and the FFIEC 051 reports 
for each agency. When the estimates are calculated by type of report 
across the agencies, the estimated average burden hours per quarter are 
84.29 (FFIEC 031), 54.54 (FFIEC 041), and 34.39 (FFIEC 051). The 
changes to the Call Report forms and instructions proposed in this 
notice resulted in the following estimated changes in burden hours per 
quarter. For the FFIEC 031 report, the revisions resulted in an average 
decrease across all agencies of approximately 0.24 hours per quarter; 
for the FFIEC 041 report, the revisions resulted in an average decrease 
across all agencies of approximately 0.06 hours per quarter; and for 
the FFIEC 051 report, the revisions resulted in an average decrease 
across all agencies of approximately 0.01 hours per quarter. The 
estimated burden per response for the quarterly filings of 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).
    Type of Review: Extension for three years and revision of currently 
approved collections. In addition to the proposed revisions discussed 
below, Call Reports are periodically updated to clarify instructional 
guidance and correct grammatical and typographical errors on the forms 
and instructions, which are published on the FFIEC website.\1\ These 
non-substantive updates may also be commented upon.
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    \1\ www.ffiec.gov/forms031.htm; www.ffiec.gov/forms041.htm;www.ffiec.gov/forms051.htm.
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Legal Basis and Need for Collections
    The Call Report information collections are mandatory: 12 U.S.C. 
161 (national banks), 12 U.S.C. 324 (state member banks), 12 U.S.C. 
1817 (insured state nonmember commercial and savings banks), and 12 
U.S.C. 1464 (federal and state savings associations). At present, 
except for selected data items and text, these information collections 
are not given confidential treatment.
    Banks and savings associations submit Call Report 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 data serve a regulatory or public 
policy purpose by assisting the agencies in fulfilling their shared 
missions of ensuring the safety and soundness of financial institutions 
and the financial system and protecting consumer financial rights, as 
well as agency-specific missions affecting federal and state-chartered 
institutions, such as conducting monetary policy, ensuring financial 
stability, and administering federal deposit insurance. Call Reports 
are the source of the most current statistical data available for 
identifying areas of focus for on-site and off-site examinations. Among 
other purposes, the agencies use Call Report data in evaluating 
institutions' corporate applications, including interstate merger and 
acquisition applications for which the agencies are required by law to 
determine whether the resulting institution would control more than 10 
percent of the total amount of deposits of insured depository 
institutions in the United States. Call Report data also are used to 
calculate the risk-based assessments for insured depository 
institutions.

B. FFIEC 101

    The agencies propose to extend for three years, with revision, the 
FFIEC 101 report.
    Report Title: Regulatory Capital Reporting for Large Banking 
Organizations.
    Form Number: FFIEC 101.
    Frequency of Response: Quarterly.
    Affected Public: Business or other for-profit.
    Type of Review: Revision and extension of currently approved 
collections.
OCC
    OMB Control No.: 1557-0239.
    Estimated Number of Respondents: 49 national banks and federal 
savings associations.
    Estimated Time per Response: 797.35 burden hours one-time for 
initial set-up and 437.45 burden hours per quarter to file ongoing.
    Estimated Total Annual Burden: 38,972 burden hours for one-time 
initial set-up and 85,733 to file for ongoing.
Board
    OMB Control No.: 7100-0319.
    Estimated Number of Respondents: 52 state member banks, bank 
holding companies, savings and loan holding companies and intermediate 
holding companies.
    Estimated Time per Response: 797.35 burden hours one-time for 
initial set-up and 437.45 burden hours per quarter to file ongoing.
    Estimated Total Annual Burden: 41,358 burden hours for one-time 
initial set-up and 90,982 to file for ongoing.
FDIC
    OMB Control No.: 3064-0159.
    Estimated Number of Respondents: 9 insured state nonmember bank and 
state savings association.
    Estimated Time per Response: 797.35 burden hours one-time for 
initial set-up and 437.45 burden hours per quarter to file ongoing.
    Estimated Total Annual Burden: 7,158 burden hours for one-time 
initial set-up and 15,747 to file for ongoing.
    Type of Review: Extension and revision of currently approved 
collections.

[[Page 5300]]

Legal Basis and Need for Collections
    Currently, each banking organization subject to Category I or 
Category II standards is required to report quarterly regulatory 
capital data and, along with each top-tier banking organization subject 
to Category III standards,\2\ supplementary leverage ratio information 
on the FFIEC 101. Under this proposal, each banking organization 
subject to Category I, II, III or IV standards would report revised 
regulatory capital and supplementary leverage information. The FFIEC 
101 information collections are mandatory for applicable banking 
organizations under the following authorities: 12 U.S.C. 161 (national 
banks), 12 U.S.C. 324 (state member banks), 12 U.S.C. 1844(c) (bank 
holding companies), 12 U.S.C. 1467a(b) (savings and loan holding 
companies), 12 U.S.C. 1817 (insured state nonmember commercial and 
savings banks), 12 U.S.C. 1464 (federal and state savings 
associations), and 12 U.S.C. 1844(c), 3106, and 3108 (intermediate 
holding companies). Certain data items in this information collection 
are given confidential treatment under 5 U.S.C. 552(b)(4) and (8).
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    \2\ 12 CFR 3.2 (OCC); 12 CFR 217.2 (Board); 12 CFR 324.2 (FDIC).
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    The agencies use data reported in the FFIEC 101 to assess and 
monitor the levels and components of each reporting entity's applicable 
capital requirements and the adequacy of the entity's capital under the 
capital rule,\3\ including the supplementary leverage ratio, as 
applicable; to evaluate the impact of the capital rule on individual 
reporting entities and on an industry-wide basis and its competitive 
implications; and to supplement on-site examination processes. The 
reporting schedules would also assist Category I, Category II, Category 
III, and Category IV banking organizations in understanding 
expectations relating to the system development necessary for 
implementation and validation of the capital rule. Submitted data that 
are released publicly would also provide other interested parties with 
additional information about Category I, Category II, Category III, and 
Category IV banking organizations' regulatory capital.
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    \3\ 12 CFR part 3, subpart E (OCC); 12 CFR part 217, subpart E 
(Board); 12 CFR part 324, subpart E (FDIC).
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C. FFIEC 102

    The agencies propose to extend for three years, with revision, the 
FFIEC 102 report. The proposed revisions include the addition of a new 
confidential report (FFIEC 102a).
    Report Title: Market Risk Regulatory Report.
    Form Number: FFIEC 102.
    Frequency of Response: Quarterly.
    Affected Public: Business or other for-profit.
OCC
    OMB Number: 1557-0325.
    Estimated Number of Respondents: 53 national banks and federal 
savings associations, 53 (FFIEC 102), 53 (FFIEC 102a).
    Estimated Average Time per Response: 83.55 hours one-time for 
initial set-up and 41.77 hours for ongoing (FFIEC 102); 142.49 hours 
one-time for initial set-up and 50.83 hours for ongoing (FFIEC 102a).
    Estimated Total Annual Burden: 4,428 hours one-time for initial 
set-up and 8,856 for ongoing (FFIEC 102); 7,552 one-time for initial 
set-up and 10,777 hours for ongoing (FFIEC 102a).
Board
    OMB Number: 7100-0365.
    Estimated Number of Respondents: 30 state member banks, bank 
holding companies, savings and loan holding companies, and intermediate 
holding companies (FFIEC 102), 30 (FFIEC 102a).
    Estimated Average Time per Response: 83.55 hours one-time for 
initial set-up and 41.77 hours for ongoing (FFIEC 102); 142.49 hours 
one-time for initial set-up and 50.83 hours for ongoing (FFIEC 102a).
    Estimated Total Annual Burden: 2,506 hours one-time for initial 
set-up and 5,013 hours for ongoing (FFIEC 102); 4,275 hours one-time 
for initial set-up and 6,100 hours for ongoing (FFIEC 102a).
FDIC
    OMB Number: 3064-0199.
    Estimated Number of Respondents: 9 insured state nonmember bank and 
state savings association (FFIEC 102); 9 (FFIEC 102a).
    Estimated Average Time per Response: 83.55 hours one-time for 
initial set-up and 41.77 hours for ongoing (FFIEC 102); 142.49 hours 
one-time for initial set-up and 50.83 hours for ongoing (FFIEC 102a).
    Estimated Total Annual Burden: 752 hours one-time for initial set-
up and 1,504 hours for ongoing (FFIEC 102); 1,282 hours one-time for 
initial set-up and 1,830 hours for ongoing (FFIEC 102a).
    Type of Review: Revision and extension of currently approved 
collections.
Legal Basis and Need for Collection
    Currently, a banking organization with aggregate trading assets and 
trading liabilities that, as of the most recent calendar quarter, equal 
to $1 billion or more, or 10 percent or more of the banking 
organization's total consolidated assets (market risk institutions), is 
required to calculate market risk capital requirements under subpart F 
of the agencies' capital rule \4\ and submit the FFIEC 102 report. 
Under this proposal, and consistent with the agencies' proposed changes 
to the definition of market risk institutions, any holding company 
subject to Category I, Category II, Category III, or Category IV 
standards or any subsidiary thereof, if the subsidiary engaged in any 
trading activity over any of the four most recent quarters, would 
submit the FFIEC 102. Additionally, a banking organization with average 
aggregate trading assets and trading liabilities (excluding customer 
and proprietary broker-dealer reserve bank accounts) over the previous 
four calendar quarters equal to $5 billion or more, or equal to 10 
percent or more of total consolidated assets would also submit the 
report. The quarterly FFIEC 102 information collection is mandatory for 
market risk institutions under the following authorities: 12 U.S.C. 161 
(national banks), 12 U.S.C. 324 (state member banks), 12 U.S.C. 1844(c) 
(bank holding companies), 12 U.S.C. 1467a (b) (savings and loan holding 
companies), 12 U.S.C. 5365 (U.S. intermediate holding companies), 12 
U.S.C. 1817 (insured state nonmember commercial and savings banks), and 
12 U.S.C. 1464 (savings associations).
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    \4\ 12 CFR 3.201 (OCC); 12 CFR 217.201 (Board); and 12 CFR 
324.201 (FDIC). Currently, the market risk framework of the capital 
rule generally applies to any banking institution with aggregate 
trading assets and trading liabilities equal to (a) 10 percent or 
more of quarter-end total assets or (b) $1 billion or more.
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    The FFIEC 102 is filed quarterly with the agencies and provides 
information for market risk institutions. Each market risk institution 
is required to file the FFIEC 102 for the agencies' use in assessing 
the accuracy of the institution's calculation of its minimum capital 
requirements under the capital rule and in evaluating the institution's 
capital in relation to its risks. Additionally, the market risk 
information collected in the FFIEC 102: (a) permits the agencies to 
monitor the market risk profile of, and evaluate the impact and 
competitive implications of, the capital rule on individual market risk 
institutions and the industry as a whole; (b) provides the most current 
statistical data available to identify areas

[[Page 5301]]

of market risk on which to focus for on-site and off-site examinations; 
(c) allows the agencies to assess and monitor the levels and components 
of each reporting institution's risk-based capital requirements for 
market risk and the adequacy of the institution's capital under the 
capital rule; and (d) assists market risk institutions in validating 
their implementation of the market risk framework.
    As described in Section II of this SUPPLEMENTARY INFORMATION, the 
agencies are proposing to expand the data collection by creating the 
FFIEC 102a, Supervisory Market Risk Regulatory Report. This new form 
would collect information necessary for the agencies to evaluate a 
market risk institution's implementation of the market risk rule and 
validate a banking organization's internal models used in preparing the 
FFIEC 102.
Confidentiality
    The current FFIEC 102 information collections are not given 
confidential treatment. The agencies are not proposing to provide 
confidential treatment under the revised collection, other than with 
respect to data collected under the proposed new Supervisory Market 
Risk Regulatory Report (FFIEC 102a). The data proposed to be collected 
on the Supervisory Market Risk Regulatory Report would include 
financial information used for the agencies' supervisory purposes that 
is not normally disclosed by the respondent organizations. This 
information could reveal trade secrets or cause significant competitive 
harm to the respondent organizations if disclosed. Therefore, the data 
collected on the Supervisory Market Risk Regulatory Report would be 
kept confidential by the agencies under 5 U.S.C. 552(b)(4) and (8).

II. Current Actions

Recently Proposed Amendments to the Regulatory Capital Rule for Large 
Banking Organizations and Banking Organizations With Significant 
Trading Activity

1. Background
    On September 18, 2023, the agencies published in the Federal 
Register a proposed rule \5\ to revise the risk-based capital 
requirements for large banking organizations. The proposed changes to 
regulatory capital requirements apply to banking organizations subject 
to Category I, Category II, Category III, or Category IV standards and 
to banking organizations with significant trading activities, all as 
defined in the proposed rule. The modifications to the capital rule 
would result in reporting changes that affect the Call Report, FFIEC 
101, and FFIEC 102.
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    \5\ 88 FR 64028 (September 18, 2023).
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2. Proposed Revisions to the Call Report
    The agencies are proposing to revise the Call Report forms and 
instructions to align with the proposed capital rule. The general 
instructions for each version of the Call Report (FFIEC 031, FFIEC 041, 
and FFIEC 051) would be revised to require each bank subject to the 
expanded risk-based approach under the proposed capital rule to file 
the FFIEC 031. The agencies also propose to revise the FFIEC 031 
Schedule RC-R, Part I, Regulatory Capital Components and Ratios, to 
align the calculation of regulatory capital for institutions subject to 
Category III and IV standards with the calculation used for 
institutions subject to Category I and II standards, subject to certain 
transition provisions for components of Accumulated Other Comprehensive 
Income (AOCI) in the proposed capital rule. To identify Category III 
and IV institutions subject to the transition requirements, the 
agencies propose to add a new response option (``2'' for ``Phase-out'') 
for item 3.a ``AOCI opt-out election'' on the FFIEC 031, Schedule RC-R, 
Part I, to be used by these institutions. The general instructions and 
certain item instructions to the FFIEC 031, Schedule RC-R, Part II, 
Risk-Weighted Assets, also would be revised to reflect AOCI transition 
requirements in the proposed capital rule, as applicable.
    Due to the expiration of certain transition periods in the 
agencies' existing regulatory capital rule, the agencies are proposing 
to remove from Schedule RC-R, Part I, item 21, ``Non-qualifying capital 
instruments subject to phase-out from additional tier 1 capital'' and 
item 40, ``Non-qualifying capital instruments subject to phase-out from 
tier 2 capital'' from all versions of the Call Report. Because the 
calculation of tier 2 capital under the expanded risked-based approach 
would differ from the calculation of tier 2 capital under the existing 
advanced approaches rule, the agencies propose to replace FFIEC 031 
Schedule RC-R, Part I, item 42.b, ``(Advanced approaches institutions 
that exit parallel run only): Eligible credit reserves includable in 
tier 2 capital'' with ``Adjusted allowances for credit losses (AACL) 
includable in tier 2 capital (for institutions subject to the expanded 
risk-based approach)'' and revise certain subtotals on FFIEC 031, 
Schedule RC-R, Part I, that use this item.
    Finally, the agencies are proposing changes to certain definitions 
and terminology in the forms and instructions consistent with the 
proposed capital rule, including revising terminology for advanced 
approaches capital under the existing rule to reflect the proposed 
expanded risk-based approach and the scope of banking organizations 
using the standardized approach for counterparty credit risk (SA-CCR). 
Further details of the revisions described above can be found in the 
proposed revised FFIEC 031, FFIEC 041, and FFIEC 051 forms and 
instructions, which have been posted to the FFIEC website.\6\
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    \6\ https://www.ffiec.gov/ffiec_report_forms.htm.
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3. Proposed Revisions to FFIEC 101
    The agencies are proposing to revise the FFIEC 101 forms and 
instructions to align with the proposed capital rule. Specifically, to 
incorporate the reporting revisions applicable to the proposed capital 
rule, the agencies are proposing to revise the FFIEC 101 general 
instructions to scope in Category III \7\ and IV banking organizations 
in the reporting criteria, rename and modify Schedule A to update 
nomenclature in connection with the proposed capital rule revisions, 
remove Schedule B through Schedule S of the current FFIEC 101 report, 
and add new schedules as described below. To maintain consistency with 
the proposed capital rule, the agencies are also proposing to revise 
the title of the FFIEC 101 report from ``Regulatory Capital Reporting 
for Institutions Subject to the Advanced Capital Adequacy Framework'' 
to ``Regulatory Capital Reporting for Large Banking Organizations.'' 
The reporting modifications would enhance comparability of the FFIEC 
101 to relevant parts of the Basel Framework disclosure standard, which 
would increase comparability of internationally active banks. The 
proposed FFIEC 101 revisions aim to promote market discipline through 
regulatory disclosure requirements.
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    \7\ Top-tier Category III banking organizations are currently 
only required to file the SLR Tables 1 and 2.
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    The agencies are requesting comment on whether there should be any 
further changes to the report form items or instructions developed by 
the agencies consistent with the proposed capital rule.
    Under the proposal, reporting institutions would continue to report 
Schedule A, which would be renamed to Schedule RCCR, Regulatory Capital 
Components and Ratios, and revised to align with the requirements of 
the

[[Page 5302]]

proposed capital rule. First, the agencies are proposing to revise this 
schedule to remove the concept of eligible credit reserves and parallel 
run from the report form and instructions, and rename existing item 12, 
``Expected credit loss that exceeds eligible credit reserves'' to 
``AOCI transition adjustment amount (for Category III and IV 
institutions only)'' as the item would no longer be applicable. 
Category III and IV institutions would report AOCI transition amounts 
in item 12 during the transitional period. In addition, the agencies 
are proposing to replace item 50, ``Eligible credit reserve includable 
in tier 2 capital,'' with ``Adjusted allowances for credit losses 
(AACL) includable in tier 2 capital'' under the expanded risk-based 
approach and clarify the instructions for item 27. These changes would 
also result in the deletions of items 77 through 90, which would no 
longer be needed.
    As a result of the new expanded risk based-approach framework for 
calculating risk-weighted assets under the proposed capital rule, the 
agencies are proposing to update item 60, ``Total risk-weighted assets 
(RWA),'' to ``Expanded total risk-weighted assets (accounting for 
transition provisions),'' and reflect for Category I, II, III and IV 
banking organizations a three-year transitional period to phase-in 
expanded total risk-weighted assets. To implement changes under the 
proposed capital rule that would require Category III and IV banking 
organizations to use the standardized approach for counterparty credit 
risk (SA-CCR) for derivatives exposures for purposes of the 
supplementary leverage ratio (SLR), the agencies are proposing to 
remove references to the current exposure methodology from instructions 
related to reporting the SLR. Consistent with the proposed capital 
rule, the agencies are also proposing to update the instructions to 
require all banking organizations that report the FFIEC 101 to report 
the SLR tables. To reflect the addition of a new 40 percent credit 
conversion factor (CCF) for unconditionally cancelable commitments 
under the proposed capital rule, the agencies propose to revise the SLR 
Table 2 instructions to align with the change. In addition, certain 
items related to the reporting of regulatory capital buffer 
requirements would be amended to reflect the proposed capital rule. 
Items 4, 33, 35, 47, and 49 in current Schedule A related to transition 
periods in the regulatory capital rule that have expired and are no 
longer applicable are proposed to be eliminated. Additionally, the 
agencies added granularity to the items relating to derivative 
transactions in SLR Table 2. This granularity provides a breakout of 
derivative transactions that involve commercial end-users and 
counterparties other than commercial end-users.
    Current Schedules B through S would be removed, and institutions 
would be required to report risk-weighted asset and exposure 
information in new schedules described below. The new FFIEC 101 
schedules would be as follows.
    1. Schedule OV1: Overview of Expanded Total Risk-Weighted Assets. 
The purpose of this schedule is to provide an overview of expanded 
total risk-weighted assets (RWA) forming the denominator of the risk-
based capital requirements. On this schedule, reporting institutions 
would report summary amounts of risk-weighted assets reported in detail 
on other FFIEC 101 schedules.
    2. Schedule CR1: General Credit Risk Exposures and Credit Risk 
Mitigation (CRM) Effects. The purpose of this schedule is to illustrate 
the effect of CRM on capital requirement calculations under the 
proposed expanded risk-based approach for credit risk in the agencies' 
capital rule. On this schedule, institutions would report on-balance 
sheet and off-balance sheet credit risk exposures, the adjusted amounts 
of those credit risk exposures reflecting credit risk mitigants, and 
the corresponding risk-weighted assets and risk-weighted asset density.
    3. Schedule CR2: Credit Risk Mitigation Techniques. The purpose of 
this schedule is to present the quantity of exposures under the 
expanded risk-based approach where CRM is applicable, and the amount of 
CRM attributed to each general type of credit risk mitigant. On this 
schedule, reporting institutions would report amounts of exposures that 
are unsecured, the amounts that are secured, and the quantity of those 
secured exposures that are secured by collateral, by eligible 
guarantees, and by eligible credit derivatives.
    4. Schedule CR3: Credit Risk Exposures by Exposure Categories and 
Risk Weights. The purpose of this schedule is to present the breakdown 
of credit risk exposures by category and then by the applicable risk 
weight under the expanded risk-based approach. On this schedule, 
institutions would report the amounts of exposures by asset class, 
differentiated by the applicable risk weights for each asset class. For 
off-balance sheet exposures, the applicable credit conversion factor 
(CCF) would be applied first before the applicable risk weight. Total 
credit risk-weighted assets under the expanded risk-based approach 
would reflect the aggregate total exposures for each asset class after 
risk weights and, if applicable, credit conversion factors are applied 
to the exposure amounts.
    5. Schedule CCR: Counterparty Credit Risk Exposures and Risk 
Weights. The purpose of this schedule is to provide a breakdown of 
counterparty credit risk exposures calculated according to the 
standardized approach by type of counterparties and by risk weight.
    6. Schedule SEC1: Securitization Exposures Subject to Subpart E of 
the Capital Rule. The purpose of this schedule is to present a 
reporting institution's securitization exposures subject to the credit 
risk-based capital framework. On this schedule, institutions would 
report the details of traditional and synthetic retail and wholesale 
securitization exposures subject to the credit risk-based capital 
framework.
    7. Schedule SEC2: Securitization Exposures Subject to Subpart F of 
the Capital Rule. The purpose of this schedule is to present a 
reporting institution's securitization exposures subject to the market 
risk capital framework. On this schedule, institutions would report the 
details of traditional and synthetic retail and wholesale 
securitization exposures subject to the market risk capital framework.
    8. Schedule SEC3: Securitization Exposures and Capital Requirements 
under Subpart E--Reporting Institution Acting as Originator/Sponsor. 
The purpose of this schedule is to present securitization exposures 
where the reporting institution acts as originator or sponsor subject 
to the credit risk-based capital framework and the associated capital 
requirements. On this schedule, institutions would report details of 
traditional and synthetic securitization exposure values and risk-
weighted assets by risk weights and regulatory approach when the 
reporting institution acts as an originator or sponsor.
    9. Schedule SEC4: Securitization Exposures and Capital Requirements 
under Subpart E--Reporting Institution Acting as Investor. The purpose 
of this schedule is to present securitization exposures where the 
reporting institution acts as investor subject to the credit risk-based 
capital framework and the associated capital requirements. On this 
schedule, reporting institutions would report details of traditional 
and synthetic securitization exposure values and risk-weighted assets 
by risk weights and regulatory approach when the reporting institution 
acts as an investor.

[[Page 5303]]

    10. Schedule CVA: Basic and Standardized Measures for Credit 
Valuation Adjustment (CVA) Risk. The purpose of this schedule is to 
provide the components used for the computation of risk-weighted assets 
under the basic approach and the standardized approach for CVA risk. On 
this schedule, institutions would report CVA risk-related elements, 
risk-weighted assets, and associated capital requirement amounts.
    11. Schedule EQ: Risk-Weighted Assets for Equity Exposures. This 
schedule would collect information regarding equity exposures under the 
expanded simple risk-weight approach (ESRWA) and under the look-through 
approaches by exposures type and risk weight.
    12. Schedule OR1: Historical Operational Losses. The purpose of 
this schedule is to disclose total annual operational losses incurred 
over the past ten years, based on the accounting date of the incurred 
losses, to inform the operational risk capital calculation. On this 
schedule, reporting institutions would report items related to total 
amounts of operational losses and total numbers of operational loss 
events over the past ten years.
    13. Schedule OR2: Business Indicator and Subcomponents. The purpose 
of this schedule is to disclose the business indicator (BI) and its 
subcomponents, which inform the operational risk capital calculation. 
On this schedule, institutions would report BI related items such as 
the interest, lease, and dividend component, the services component, 
and the financial component.
    14. Schedule OR3: Minimum Required Operational Risk Capital. The 
purpose of this schedule is to report operational risk regulatory 
capital requirements. On this schedule, institutions would report 
operational risk minimum regulatory capital requirement calculation 
items such as the business indicator component, the internal loss 
multiplier, and operational risk risk-weighted assets.
    15. Optional Narrative: The purpose of this schedule is for 
institutions to provide a brief narrative statement to supplement data 
reported in the Regulatory Capital Reporting for Large Banking 
Organizations.
    Further details of the revisions described above can be found in 
the proposed revised FFIEC 101 form and instructions, which have been 
posted to the FFIEC website.\8\
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    \8\ www.ffiec.gov/forms101.htm.
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4. Proposed Revisions to the FFIEC 102
    The agencies propose to amend the FFIEC 102 forms and instructions 
so that relevant reporting requirements are aligned with the capital 
proposal.\9\ Consistent with the scope changes for applicability of the 
market risk capital requirements in the proposed capital rule, the 
agencies are proposing to revise the reporting criteria for FFIEC 102 
to apply to banking organizations subject to Category I, Category II, 
Category III, or Category IV standards and to banking organizations 
with significant trading activity. As defined in the proposed capital 
rule, a banking organization with significant trading activity would be 
any banking organization with average aggregate trading assets and 
trading liabilities, excluding customer and proprietary broker-dealer 
reserve bank accounts, equal to $5 billion or more, or equal to 10 
percent or more of total consolidated assets at quarter end as reported 
on the most recent quarterly regulatory report. The agencies intend to 
conform the scope of proposed reporting under the capital rule only to 
those institutions that are within the scope of the proposed capital 
rule.
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    \9\ All of the terms and concepts listed in this section are 
described in detail in the proposed capital rule. Commenters should 
refer to the proposed capital rule when commenting on the associated 
proposed reporting revisions.
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    To maintain consistency with the proposed capital rule and simplify 
the report title, the agencies are also proposing to revise the title 
of the FFIEC 102 report from ``Market Risk Regulatory Report for 
Institutions Subject to the Market Risk Capital Rule'' to ``Market Risk 
Capital Report.''
    Additionally, to implement the new market risk capital requirements 
framework in the proposed capital rule, the agencies propose to remove 
the current data collected on FFIEC 102, and to add new data collection 
for an institution's standardized measure for market risk and the 
models-based measure for market risk, if applicable. Under the 
proposal, the revised FFIEC 102 would be subdivided into four sections: 
Part I, Standardized capital requirements for market risk; Part II, 
Models-based capital requirements for market risk; Part III, Market 
risk-weighted assets; and Part IV, Memoranda, as described below.
    Part I, Standardized capital requirements for market risk, would 
include data items for calculating the standardized measure for market 
risk, which would be the default methodology for calculating market 
risk capital requirements for all banking organizations subject to 
market risk capital requirements. It would collect data for the 
sensitivities-based method capital requirement, the standardized 
default risk capital requirement, and the residual risk add-on 
components. Furthermore, items related to the three additional 
components for standardized measure for market risk that would apply in 
limited instances to specific positions would be collected for: (1) a 
capital add-on for re-designations; (2) other capital add-ons 
established by the primary Federal supervisor, and (3) a fallback 
capital requirement.
    Part II, Models-based capital requirement for market risk, would 
contain the core components data elements for the models-based measure 
for market risk, which consists of (1) the internal models approach 
capital requirements for model-eligible trading desks; (2) the 
additional capital requirement applied to model-eligible trading desks 
with shortcomings in the internal models used for determining risk-
based capital requirements in the form of a profit and loss attribution 
(PLA) add-on, if applicable; and (3) the standardized approach capital 
requirements for model-ineligible trading desks. The internal models 
approach capital requirements for model-eligible trading desks would 
itself consist of four components: (1) the capital measure for non-
modellable risk factors, (2) capital measure for non-modellable risk 
factors (stressed expected shortfall), (3) the standardized default 
risk capital requirement, and (4) capital multiplier. Specifically, an 
institution would report in this section its unconstrained and 
constrained expected shortfall for relevant risk classes, capital 
requirements for modellable and non-modellable risk factors, 
standardized default risk capital requirement, PLA add-on, capital 
multiplier, capital requirement for model-eligible trading desks, and 
capital add-ons among other relevant data for calculating the models-
based measure for market risk.
    Part III, Market risk-weighted assets, would collect data items for 
the standardized market risk-weighted assets and the models-based 
market risk-weighted assets.
    Lastly, Part IV, Memoranda, would be added to the FFIEC 102 for all 
market risk institutions to report total sensitivities-based method 
capital requirement under high, medium, and low correlation scenarios 
and total notional amount of market risk covered positions. The 
proposed sub-items of these notional amounts include the following: 
foreign exchange positions, commodity positions, net short credit

[[Page 5304]]

positions, net short equity positions, customer and proprietary broker-
dealer reserve bank accounts, and other market risk covered positions.
    The proposed reporting requirements described above would provide 
meaningful disclosure without requiring disclosure of proprietary 
information. The reports would enable the federal supervisors to 
monitor a banking organization's risk profile related to market risk 
and identify changes in the risk profile that would pose risks to the 
financial system. These revised disclosure requirements are designed to 
increase transparency and complement the supervisory review process by 
encouraging market discipline through enhanced and meaningful public 
disclosure. The agencies intend for these proposed disclosure 
requirements to strike an appropriate balance between the supervisory 
and market benefits of reporting and the additional burden to a banking 
organization that would be required to provide disclosures.
5. Proposed FFIEC 102a
    In addition to the revisions described above, the agencies propose 
to add a separate Supervisory Market Risk Regulatory Report (FFIEC 
102a) that would function as a companion to the FFIEC 102 report in 
implementing the proposed capital rule's revised market risk framework. 
The proposed Supervisory Market Risk Regulatory Report would be 
collected on a quarterly basis, would be confidential, and would apply 
only to banking organizations that calculate market risk capital 
requirements under the models-based measure for market risk. Under the 
proposal, the FFIEC 102a would be subdivided into three sections. The 
first section, Part 1, General Information, would collect general 
information for a banking organization's trading desk(s) such as the 
number of regulator approved trading desks and number of regulator 
approved notional trading desks. It would also include data on the 
organizational structure of the trading desk such as trading desks 
identifier, trading desk name, organization unit identifier, and the 
asset class for each trading desk provided by the asset class that 
gives rise to the trading desk's greatest aggregate market risk 
exposure as of the submission date.
    The second section, Part 2, Aggregate Trading Portfolio 
Backtesting, would collect aggregate level data for model eligible 
trading desk that includes the market value of total trading assets, 
market value of total trading liabilities, and data related to the 
number of value at risk (VaR) backtesting exceptions during the 
quarter. This part would also include data on the daily VaR-based 
measures calibrated to the 99.0th percentile; the daily expected 
shortfall (ES) based measure calibrated at the 97.5th percentile; 
liquidity horizon-adjusted ES-based measures; the actual profit and 
loss; the hypothetical profit and loss; and the p-value of the profit 
or loss for each day. The third section, Part 3, Backtesting and PLA 
Testing for Model-Eligible Trading Desks, would be reported at the 
trading desk level. The data in this section would include general 
information related to the trading desk such as the name, unique 
identifier for the trading desk, description of the trading desk, 
authorized products for the trading desk, main product types, and 
several questions about the trading desk. In addition, it would include 
data on the daily VaR-based measure for the trading desk calibrated at 
both the 99.0th and 97.5th percentile; the capital measure for non-
modellable risk factors; the daily ES-based measure calibrated at the 
97.5th percentile; the actual profit and loss; the hypothetical profit 
and loss; the risk-theoretical profit and loss; and the p-values of the 
profit or loss for each day.
    The proposed reporting requirements would enable the agencies to 
identify changes to the risk profiles of banking organizations that use 
the models-based approach for market risk. Specifically, the collection 
of backtesting and PLA data included in the proposed reports would 
enable the agencies to determine the validity of a banking 
organization's internal models, and whether these models accurately 
account for the risk associated with exposure to price movements, 
changes in market structure, or market events that affect specific 
assets. If the agencies find these models not able to sufficiently 
capture market risks in these positions, under the proposed capital 
rule, the banking organization must then use the standardized approach 
for calculating its market risk capital requirements, thereby 
preventing divergence between a banking organization's risk profile and 
its capital position. The FFIEC 102a report would be filed 20 days 
after the end of each quarter. The proposed submission date is intended 
to provide the agencies with sufficient time to review the data and 
make a determination pursuant to the proposed capital rule as to 
whether a trading desk is eligible to use the internal models approach 
prior to the due date of the banking organization's other quarterly 
reports, including the FFIEC 102 and Call Report or FR Y-9C.\10\ In the 
event that this review results in a change to a trading desk's 
eligibility, the banking organization would be able to make any 
necessary adjustments before the submission of its FFIEC 102 and Call 
Report or FR Y-9C, rather than having to revise and resubmit these 
reports. Furthermore, because the proposal requires a banking 
organization to calculate the data provided in the proposed report on a 
daily basis, the 20-day timeframe for submission is not expected to 
impose significantly increased compliance burden.
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    \10\ The Call Report (for banks) is due 30 or 35 days after 
quarter end, while the FR Y-9C (for holding companies) generally is 
due 40 days after quarter end. The FFIEC 102 is due at the same time 
as the Call Report or FR Y-9C.
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    Further details of all the revisions described above can be found 
in the proposed Supervisory Market Risk Regulatory Report form and 
instructions, available on the FFIEC's website.\11\
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    \11\ www.ffiec.gov/forms102.htm.
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III. Timing

    The agencies propose to make the reporting changes to the Call 
Report, FFIEC 101, and FFIEC 102 (including its new sub-report the 
FFIEC 102a) effective for the third quarter of 2025 (September 30, 
2025), consistent with the proposed July 1, 2025, effective date for 
the proposed capital rule. The agencies invite comment on any 
difficulties that institutions would expect to encounter in 
implementing the systems changes necessary to accommodate the proposed 
revisions to the Call Report, FFIEC 101, or FFIEC 102/102a, or the 
minimum time required to make systems changes to implement these 
changes. The specific wording of the captions for the new or revised 
data items discussed in this proposal and the numbering of these data 
items should be regarded as preliminary. If modifications are made to 
the proposed capital rule in an associated final rule, the agencies 
would modify the information collection revisions in this proposal to 
incorporate such changes, as applicable.

IV. Request for Comment

    Public comment is requested on all aspects of this joint notice. 
Comment is specifically 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

[[Page 5305]]

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. At the end of the comment period for this notice, 
the FFIEC and the agencies will review any comments received to 
determine whether to modify the proposal in response to such comments.

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

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

Federal Deposit Insurance Corporation.
    Dated at Washington, DC, on January 18, 2024.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2024-01532 Filed 1-25-24; 8:45 am]
BILLING CODE 4810-33-P; 6210-01-P; 6714-01-P


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