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[Federal Register Volume 75, Number 204 (Friday, October 22, 2010)]
[Notices]
[Pages 65402-65404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26585]

[[Page 65402]]

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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.

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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 extend, with 
revision, the Advanced Capital Adequacy Framework Regulatory Reporting 
Requirements (FFIEC 101), which is a currently approved collection of 
information. 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 
to the FFIEC 101 report prior to giving final approval. The agencies 
will then submit the proposal to OMB for review and approval.

DATES: Comments must be submitted on or before December 21, 2010.

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, Public Information 
Room, Mailstop 2-3, Attention: 1557-0239, 250 E Street, SW., 
Washington, DC 20219. In addition, comments may be sent by fax to (202) 
874-5274, or by electronic mail to [email protected]. 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 ``FFIEC 
101,'' 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: [email protected]. Include the 
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 ``FFIEC 101, 
3064-0159,'' 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: [email protected]. Include ``FFIEC 101, 3064-
0159'' in the subject line of the message.
     Mail: Leneta G. Gregorie, (202) 898-3719, Counsel, Attn: 
Comments, Room F-1064, 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 ``1550-0120 (FFIEC 
101),'' by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail address: [email protected]. 
Please include ``1550-0120 (FFIEC 101)'' 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: ``1550-0120 (FFIEC 101).''
     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: 
``1550-0120 (FFIEC 101).''
    Instructions: All submissions received must include the agency name 
and OMB Control Number for this information 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">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,

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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 
FFIEC 101 can be obtained at the FFIEC's Web site (http://www.ffiec.gov/ffiec_report_forms.htm).
    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: Michelle E. Shore, 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: Leneta G. Gregorie, Counsel, (202) 898-3719, Legal Division, 
Federal Deposit Insurance Corporation, 550 17th Street, NW., 
Washington, DC 20429.
    OTS: Ira L. Mills, OTS Clearance Officer, at 
[email protected], (202) 906-6531, or facsimile number (202) 906-
6518, Regulation 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 and 
extend for three years the FFIEC 101, which is a currently approved 
collection of information for each agency.
    Report Title: Advanced Capital Adequacy Framework Regulatory 
Reporting Requirements.
    Form Number: FFIEC 101.
    Frequency of Response: Quarterly.
    Affected Public: Business or other for-profit.

OCC

    OMB Number: 1557-0239.
    Estimated Number of Respondents: 52 national banks.
    Estimated Time per Response: 625 hours.
    Estimated Total Annual Burden: 130,000 hours.

Board

    OMB Number: 7100-0319.
    Estimated Number of Respondents: 6 State member banks and 21 bank 
holding companies.
    Estimated Time per Response: 625 hours.
    Estimated Total Annual Burden: 52,500 hours.

FDIC

    OMB Number: 3064-0159.
    Estimated Number of Respondents: 9 State nonmember banks.
    Estimated Time per Response: 625 hours.
    Estimated Total Annual Burden: 22,500 hours.

OTS

    OMB Number: 1550-0120.
    Estimated Number of Respondents: 3 savings associations.
    Estimated Time per Response: 625 hours.
    Estimated Total Annual Burden: 7,500 hours.

General Description of Reports

    This information collection is mandatory for banks \1\ using the 
Advanced Capital Adequacy Framework: 12 U.S.C. 161 (for national 
banks), 12 U.S.C. 324 and 12 U.S.C. 1844(c) (for State member banks and 
BHCs respectively), 12 U.S.C. 1817 (for insured State nonmember 
commercial and savings banks), and 12 U.S.C. 1464 (for savings 
associations). This information collection will be given confidential 
treatment (5 U.S.C. 552(b)(4)) except for selected data items 
(Schedules A and B, and data items 1 and 2 of the operational risk 
Schedule S) that will be released for reporting periods after an 
institution has successfully completed its parallel run period and is 
qualified to use the advanced approaches for regulatory capital 
purposes. The agencies will not publicly release information submitted 
during an entity's parallel run period.
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    \1\ For simplicity, and unless otherwise indicated, this notice 
uses the term ``bank'' to include banks, savings associations, and 
bank holding companies (BHCs). The terms ``bank holding company'' 
and ``BHC'' refer only to bank holding companies regulated by the 
Board and do not include savings and loan holding companies 
regulated by the OTS. For a detailed description of the institutions 
covered by this notice, refer to Part I, Section 1, of the final 
rule entitled Risk-Based Capital Standards: Advanced Capital 
Adequacy Framework (72 FR 69397, December 7, 2007).
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Abstract

    Each bank that qualifies for and applies the advanced internal 
ratings-based approach to calculate regulatory credit risk capital and 
the advanced measurement approaches to calculate regulatory operational 
risk capital, as described in the final rule implementing the Advanced 
Capital Adequacy Framework (72 FR 69288, December 7, 2007, referred to 
hereafter as the final rule), is required to file quarterly regulatory 
data. The agencies use these data to assess and monitor the levels and 
components of each reporting entity's risk-based capital requirements 
and the adequacy of the entity's capital under the Advanced Capital 
Adequacy Framework; to evaluate the impact and competitive implications 
of the Advanced Capital Adequacy Framework on individual reporting 
entities and on an industry-wide basis; as one input to develop an 
interagency study at the end of the second transitional floor period 
(as described more fully in the final rule); and to supplement on-site 
examination processes. The reporting schedules also assist banks in 
understanding expectations around the system development necessary for 
implementation and validation of the Advanced Capital Adequacy 
Framework. Submitted data that are released publicly following a 
reporting entity's parallel run period will also provide other 
interested parties with information about banks' risk-based capital.

Current Actions

    The agencies propose to revise certain portions of the FFIEC 101 
report beginning with the March 31, 2011, report date. These proposed 
changes are described below.
    Reporting of information about the numerator of a bank holding 
company's risk-based capital ratios. For bank holding companies subject 
to these reporting requirements, the agencies propose to recaption line 
item 6.b of Schedule A, Part 1 of the FFIEC 101 report and to add line 
item 6.c. Line item 6.b is currently intended to capture two components 
of capital that are reported separately on Schedule HC-R of the FR Y-
9C: \2\ the amount of qualifying restricted core capital elements 
(other than cumulative perpetual preferred stock) held by bank holding 
companies (as reported in item 6.b of Schedule HC-R) and qualifying 
mandatory convertible preferred securities held by internationally 
active bank holding companies (as reported in item 6.c of Schedule HC-
R). The agencies propose to align the reporting of these capital 
elements to that of Schedule HC-R of the FR Y-9C by separately 
including both capital elements in the FFIEC 101. These two capital 
elements would replace the

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current item 6.b and would appear, as they do on Schedule HC-R in the 
FR Y-9C, as items 6.b and 6.c of Schedule A, Part 1, respectively. 
Reporting instructions for the FFIEC 101 would be revised accordingly. 
The change in reporting would apply only to bank holding companies.
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    \2\ Consolidated Financial Statements for Bank Holding 
Companies, OMB Number: 7100-0128.
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    Reporting of information about the numerator of a savings 
association's risk-based capital ratios. For the purposes of simplicity 
and comparability of reporting financial information among banks and 
savings associations under the Advanced Capital Adequacy Framework, the 
Agencies propose to delete Part 2 of Schedule A for savings 
associations. Instead, all banks, bank holding companies, and savings 
associations reporting under the Advanced Capital Adequacy Framework 
would report on the same Schedule A form (see http://www.ffiec.gov/forms101.htm). Reporting instructions for the FFIEC 101 would be 
revised accordingly.
    Reporting of information on equity exposures. Banks subject to 
these reporting requirements currently provide information about equity 
exposure amounts and the risk-weighted asset amount of these exposures 
in Schedule R of the FFIEC 101. This schedule currently contains 22 
line items (exposure categories, subtotals, and totals) and two columns 
(exposure and risk-weighted asset amounts) in which data are reported. 
A number of the line items listed on the schedule only apply to certain 
approaches contained within the final rule for calculating risk-
weighted asset amounts for equity exposures. The agencies propose to 
reformat Schedule R to clarify what line items need to be reported 
based on which of the three approaches the bank uses to calculate risk-
weighted asset amounts for its equity exposures: the simple risk weight 
approach (SRWA), the full internal models approach (full IMA), or the 
IMA applied to only publicly traded equity exposures (publicly traded 
or partial IMA).
    The reformatted version of Schedule R does not alter any of the 
existing line items in the current schedule. More specifically, neither 
the exposure categories nor the number of equity exposure items 
completed by banks using a given approach would change as a result of 
this proposal. Rather, the proposal is to expand the number of columns 
shown on the schedule from two to six to allow for reporting of a 
distinct set of exposure and risk-weighted asset information for banks 
using the SRWA, a distinct set of exposure and risk-weighted asset 
information for banks using the full IMA, and a distinct set of 
exposure and risk-weighted asset information for banks using the 
partial IMA. Each set of exposure and risk-weighted asset columns would 
appear with the heading of the applicable final rule approach used by 
the bank and only those exposure categories (including subtotals and 
totals) applicable to a given approach would appear within each 
columnar section of the reformatted schedule (see http://www.ffiec.gov/forms101.htm). Reporting instructions for the FFIEC 101 would be 
revised accordingly.

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 collection 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 collection 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 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 and will be summarized or included in the agencies' 
requests for OMB approval. All comments will become a matter of public 
record.

    Dated: October 7, 2010.
Michele Meyer,
Assistant Director, Legislative and Regulatory Activities Division, 
Office of the Comptroller of the Currency.

    Board of Governors of the Federal Reserve System, October 15, 
2010.
Jennifer J. Johnson,
Secretary of the Board.

    Dated at Washington, DC, this 15th day of October, 2010.
Robert E. Feldman,
Executive Secretary, Federal Deposit Insurance Corporation.

    Dated: October 18, 2010.
Ira L. Mills,
Paperwork Clearance Officer, Office of Chief Counsel, Office of Thrift 
Supervision.
[FR Doc. 2010-26585 Filed 10-21-10; 8:45 am]
BILLING CODE 4810-33-P 6210-01-P 6714-01-P 6720-01-P
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