[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46887-46890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21571]


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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 (PRA) of 1995, 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 agencies, 
under the auspices of the Federal Financial Institutions Examination 
Council (FFIEC), have approved the publication for public comment of 
the proposed Annual Dodd-Frank Act Company-Run Stress Test Report for 
Depository Institutions and Holding Companies with $10-$50 Billion in 
Total Consolidated Assets (FFIEC 016). This proposed report would 
combine the agencies' three separate, yet identical, stress test report 
forms (as described in the SUPPLEMENTARY INFORMATION), which are 
currently approved collections of information, into a single new FFIEC 
report. As part of their proposed adoption of the new FFIEC 016 report, 
the agencies also are proposing to implement a limited number of 
revisions that would align the report with recent burden-reducing 
changes to the FFIEC 031 and FFIEC 041 Consolidated Reports of 
Condition and Income and the Board's FR Y-9C Consolidated Financial 
Statements for Holding Companies. In addition, the agencies are 
proposing to have institutions provide their Legal Entity Identifier 
(LEI) on the report form, if they already have one. The proposed FFIEC 
016 reporting requirements reflect the company-run stress testing 
requirements promulgated by the Dodd-Frank Wall Street Reform and 
Consumer Protection Act (as reflected in the agencies' current 
information collections).
    The Board, in connection with this proposal and conditioned on the 
final adoption of the FFIEC 016, is proposing to replace the FR Y-16 
(Annual Company-Run Stress Test Report For State Member Banks, Bank 
Holding Companies, and Savings and Loan Holding Companies with Total 
Consolidated Assets Greater Than $10 Billion and Less Than $50 
Billion), which it currently uses to collect the annual company-run 
stress test results. Also in connection with the final adoption of the 
FFIEC 016, the OCC and the FDIC are proposing to replace the OCC's 
DFAST 10-50B (Annual Company-Run Stress Test Reporting Template and 
Documentation for Covered Institutions with Total Consolidated Assets 
of $10 Billion to $50 Billion under the Dodd-Frank Wall Street Reform 
and Consumer Protection Act), and the FDIC's DFAST 10-50 (Company-Run 
Annual Stress Test Reporting Template and Documentation for Covered 
Institutions with Total Consolidated Assets of $10 Billion to $50 
Billion under the Dodd-Frank Wall Street Reform and Consumer Protection 
Act), respectively, with the FFIEC 016.
    The respondents for the proposed FFIEC 016 are institutions with 
average total consolidated assets of at least $10 billion, but less 
than $50 billion. The proposed FFIEC 016 would take effect for the 
December 31, 2017, as-of date of the stress test report. The submission 
deadline for the report would be the following July 31.
    At the end of the comment period for this notice, the comments and 
recommendations received will be reviewed to determine whether the 
FFIEC and the agencies should modify the proposal for the FFIEC 016 
report

[[Page 46888]]

form before giving final approval. As required by the PRA, the agencies 
will then publish a second Federal Register notice for a 30-day comment 
period and submit the FFIEC 016 information collection to OMB for 
review and approval.

DATES: Comments must be submitted on or before December 5, 2017.

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: Because paper mail in the Washington, DC, area and at the OCC 
is subject to delay, commenters are encouraged to submit comments by 
email, if possible, to <a href="/cdn-cgi/l/email-protection#a2d2d0c3cbccc4cde2cdc1c18cd6d0c7c3d18cc5cdd4"><span class="__cf_email__" data-cfemail="e9999b8880878f86a9868a8ac79d9b8c889ac78e869f">[email protected]</span></a>. Alternately, comments may 
be sent to: Legislative and Regulatory Activities Division, Office of 
the Comptroller of the Currency, Attention: ``1557-0311 (FFIEC 016),'' 
400 7th Street SW., Suite 3E-218, Washington, DC 20219. In addition, 
comments may be sent by fax to (571) 465-4326.
    You may personally inspect and photocopy comments at the OCC, 400 
7th 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) 649-6700 or, for persons who are deaf or hard of 
hearing, TTY, (202) 649-5597. Upon arrival, visitors will be required 
to present valid government-issued photo identification and submit to 
security screening in order to inspect and photocopy comments.
    All 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.
    Board: You may submit comments, which should refer to ``FFIEC 
016,'' by any of the following methods:
    <bullet> Agency Web site: http://www.federalreserve.gov. Follow the 
instructions for submitting comments at: http://www.federalreserve.gov/apps/foia/proposedregs.aspx.
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#b9cbdcdeca97dad6d4d4dcd7cdcaf9dfdcdddccbd8d5cbdccadccbcfdc97ded6cf"><span class="__cf_email__" data-cfemail="b8cadddfcb96dbd7d5d5ddd6cccbf8dedddcddcad9d4caddcbddcacedd96dfd7ce">[email protected]</span></a>. Include reporting 
form number in the subject line of the message.
    <bullet> FAX: (202) 452-3819 or (202) 452-3102.
    <bullet> Mail: Ann E. Misback, Secretary, Board of Governors of the 
Federal Reserve System, 20th Street and Constitution Avenue NW., 
Washington, DC 20551.
    All public comments are available from the Board's Web site at 
http://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. Public 
comments may also be viewed electronically or in paper form in Room 
3515, 1801 K Street (between 18th and 19th Streets) NW., Washington, DC 
20006, between 9:00 a.m. and 5:00 p.m. on weekdays.
    FDIC: You may submit comments, which should refer to ``FFIEC 016,'' 
by any of the following methods:
    <bullet> Agency Web site: http://www.fdic.gov/regulations/laws/federal/. Follow the instructions for submitting comments on the FDIC 
Web site.
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#c3a0acaeaea6adb7b08385878a80eda4acb5"><span class="__cf_email__" data-cfemail="90f3fffdfdf5fee4e3d0d6d4d9d3bef7ffe6">[email protected]</span></a>. Include ``FFIEC 016'' in the 
subject line of the message.
    <bullet> Mail: Manuel E. Cabeza, Counsel, Attn: Comments, Room MB-
3007, Federal Deposit Insurance Corporation, 550 17th Street NW., 
Washington, DC 20429.
    <bullet> Hand Delivery: Comments may be hand delivered to the guard 
station at the rear of the 550 17th Street Building (located on F 
Street) on business days between 7:00 a.m. and 5:00 p.m.
    Public Inspection: All comments received will be posted without 
change to http://www.fdic.gov/regulations/laws/federal/ 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 9:00 a.m. and 5:00 p.m. on business days.
    Additionally, commenters may send a copy of their comments to the 
OMB desk officer for the agencies by mail to the Office of Information 
and Regulatory Affairs, U.S. Office of Management and Budget, New 
Executive Office Building, Room 10235, 725 17th Street NW., Washington, 
DC 20503; by fax to (202) 395-6974; or by email to 
<a href="/cdn-cgi/l/email-protection#a6c9cfd4c7f9d5d3c4cbcfd5d5cfc9c8e6c9cbc488c3c9d688c1c9d0"><span class="__cf_email__" data-cfemail="d6b9bfa4b789a5a3b4bbbfa5a5bfb9b896b9bbb4f8b3b9a6f8b1b9a0">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: For further information about the 
proposed FFIEC report discussed in this notice, please contact any of 
the agency staff whose names appear below. In addition, a copy of the 
proposed FFIEC 016 reporting form is available on the FFIEC's Web site 
(http://www.ffiec.gov/ffiec_report_forms.htm).
    OCC: Kevin Korzeniewski, Counsel, (202) 649-5490 or, for persons 
who are deaf or hard of hearing, TTY, (202) 649-5597, Legislative and 
Regulatory Activities Division, Office of the Comptroller of the 
Currency, 400 7th Street SW., Washington, DC 20219.
    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., Room MB-
3007, Washington, DC 20429.

SUPPLEMENTARY INFORMATION: The agencies propose to implement the FFIEC 
016 report form to replace the following report forms, which are 
approved collections of information: Board's FR Y-16, Annual Company-
Run Stress Test Report For State Member Banks, Bank Holding Companies, 
and Savings and Loan Holding Companies with Total Consolidated Assets 
Greater Than $10 Billion and Less Than $50 Billion (OMB Control No. 
7100-0356); FDIC's DFAST 10-50, Company-Run Annual Stress Test 
Reporting Template and Documentation for Covered Institutions with 
Total Consolidated Assets of $10 Billion to $50 Billion under the Dodd-
Frank Wall Street Reform and Consumer Protection Act (OMB Control No. 
3064-0187); and OCC's DFAST 10-50B, Annual Company-Run Stress Test 
Reporting Template and Documentation for Covered Institutions with 
Total Consolidated Assets of $10 Billion to $50 Billion under the Dodd-
Frank Wall Street Reform and Consumer Protection Act (OMB Control No. 
1557-0311). These existing report forms collect identical information; 
however, the respondent institutions for each form vary based on each 
agency's supervisory jurisdiction.
    Report Title: Annual Dodd-Frank Act Company-Run Stress Test Report 
for Depository Institutions and Holding Companies with $10-$50 Billion 
in Total Consolidated Assets.
    Form Number: FFIEC 016.
    Frequency of Response: Annually.
    Affected Public: Business or other for-profit.

OCC

    OMB Control No.: 1557-0311.
    Estimated Number of Respondents:

[[Page 46889]]

    Initial Stress Test: 1 National bank or federal savings 
association.
    Ongoing Annual Stress Test: 36 National banks and federal savings 
associations.
    Estimated Time per Response:
    Initial Stress Test: 2,000 Burden hours per response.
    Ongoing Annual Stress Test: 469 Burden hours per response.
    Estimated Total Annual Burden:
    Initial Stress Test: 2,000 Burden hours to file.
    Ongoing Annual Stress Test: 16,884 Burden hours to file.
    Total: 18,884 Burden hours to file.

Board

    OMB Control No.: 7100-0356.
    Estimated Number of Respondents:
    Initial Stress Test: 9 State member banks, bank holding companies, 
and savings and loan holding companies.
    Ongoing Annual Stress Test: 70 State member banks, bank holding 
companies, and savings and loan holding companies.
    Estimated Time per Response:
    Initial Stress Test: 2,000 Burden hours per response.
    Ongoing Annual Stress Test: 469 Burden hours per response.
    Estimated Total Annual Burden:
    Initial Stress Test: 18,000 Burden hours to file.
    Ongoing Annual Stress Test: 32,830 Burden hours to file.
    Total: 50,830 Burden hours to file.

FDIC

    OMB Control No.: 3064-0187.
    Estimated Number of Respondents:
    Initial Stress Test: 2 Insured state nonmember banks and savings 
associations.
    Ongoing Annual Stress Test: 22 Insured state nonmember banks and 
state savings associations.
    Estimated Time per Response:
    Initial Stress Test: 2,000 Burden hours per response.
    Ongoing Annual Stress Test: 469 Burden hours per response.
    Estimated Total Annual Burden:
    Initial Stress Test: 4,000 Burden hours to file.
    Ongoing Annual Stress Test: 10,318 Burden hours to file.
    Total: 14,318 Burden hours to file.
    Type of Review:
    OCC and FDIC: Revision and extension of currently approved 
collections.
    Board: Proposal for a new collection of information and 
discontinuation of a currently approved collection.

General Description of Reports

    The proposed FFIEC 016 information collection will be mandatory for 
institutions with average total consolidated assets of at least $10 
billion, but less than $50 billion. The FFIEC 016 implements the 
reporting of the annual company-run stress testing required of such 
institutions under section 165(i)(2) of the Dodd-Frank Wall Street 
Reform and Consumer Protection Act, Public Law 111-203 (Dodd-Frank 
Act), and each agency's implementing regulation.\1\ All data reported 
in the proposed FFIEC 016 would be given confidential treatment under 5 
U.S.C. 552(b)(8).
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    \1\ 12 CFR part 46 (OCC); 12 CFR part 252, subpart B (Board); 12 
CFR part 325, subpart C (FDIC).
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Abstract

    The FFIEC 016 report would be submitted by institutions supervised 
by the agencies with average total consolidated assets of at least $10 
billion, but less than $50 billion, to report their company-run stress 
test results. These reports collect quantitative projections of balance 
sheet assets and liabilities, income, losses, and capital across three 
scenarios (baseline, adverse, and severely adverse) and qualitative 
information on methodologies used to develop these internal 
projections.
    Data received in the agencies' $10-$50 billion annual Dodd-Frank 
Act company-run stress test reports are used in connection with 
supervision and regulation of these institutions to form supervisory 
assessments of the quality of a company's stress-testing process and, 
overall, as part of the broader assessment of a company's capital 
adequacy and risk management process. Data collected in these reports 
provide the agencies with one of many tools available to examiners to 
assist in the analysis and assessment of a company's capital position 
and planning process.

Current Actions

I. Discussion of Proposed FFIEC Report Form

    Each agency has issued rules applicable to the banking 
organizations it supervises with total consolidated assets of at least 
$10 billion, but less than $50 billion, that implement the company-run 
stress testing requirement promulgated by section 165(i)(2) of the 
Dodd-Frank Act.\2\ Under the agencies' respective rules, institutions 
that meet this asset threshold are required to conduct, and report the 
results of, an annual stress test using scenarios provided by the 
agencies.
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    \2\ 12 CFR part 46 (OCC); 12 CFR part 252, subpart B (Board); 12 
CFR part 325, subpart C (FDIC).
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    The annual as-of date of the stress test report is December 31, and 
the submission deadline for the report is the following July 31.
    Currently, the agencies maintain separate, yet identical, report 
forms (FR Y-16, FDIC DFAST 10-50, and OCC DFAST 10-50B) for the banks, 
savings associations, and holding companies they supervise to report 
these company-run stress test results. These annual reports collect 
quantitative projections of balance sheet assets and liabilities, 
income, losses, and capital across a range of macroeconomic and 
financial scenarios as well as qualitative supporting information on 
the methodologies and processes used to develop those internal 
projections. The agencies are proposing to combine these separate data 
collections and designate the combined report as a uniform FFIEC data 
collection. As part of their proposed adoption of the new FFIEC 016 
report, the agencies also are proposing to change the quantitative and 
qualitative information currently collected in their separate, yet 
identical, report forms to implement a limited number of revisions that 
would align the new report with recent burden-reducing changes to the 
FFIEC 031, FFIEC 041, and the Board's FR Y-9C.\3\ These revisions are 
not expected to change the estimated reporting burden for the proposed 
new FFIEC 016 compared to the estimated reporting burden for the 
agencies' existing stress test report forms.
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    \3\ FFIEC 031 and FFIEC 041 Consolidated Reports of Condition 
and Income (OMB Control Nos.: OCC, 1557-0081; Board, 7100-0036; and 
FDIC, 3064-0052): See 81 FR 45357 (July 13, 2016) and 82 FR 2444 
(January 9, 2017); FR Y-9C Consolidated Financial Statements for 
Holding Companies (OMB Control No.: Board, 7100-0128): See 81 FR 
62129 (September 8, 2016).
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    The following revisions to the FFIEC 031, FFIEC 041, and FR Y-9C 
(as applicable) that took effect March 31, 2017, would affect the 
proposed FFIEC 016:
    (1) On the FFIEC 031 and FFIEC 041 Schedule RI, Memorandum item 
14.a, and on the FR Y-9C Schedule HI, Memorandum item 17(a), ``Total 
other-than-temporary impairment losses,'' was removed, but institutions 
continue to report other-than-temporary impairment losses recognized in 
earnings on the FFIEC 031 and FFIEC 041 Schedule RI, Memorandum item 
14, and the FR Y-9C Schedule HI, Memorandum item 17. The agencies 
propose for the new FFIEC 016 report form and instructions to replace 
line item 25, ``Total other-than-temporary impairment losses,'' on each 
Income Statement scenario schedule with ``Other-than-temporary 
impairment losses on held-to-maturity and available-for-sale debt 
securities

[[Page 46890]]

recognized in earnings'' as defined in FFIEC 031 and FFIEC 041 Schedule 
RI, Memorandum item 14, and FR Y-9C Schedule HI, Memorandum item 17.
    (2) On the FFIEC 031 and FFIEC 041 Schedule RC-E, Part I, 
Memorandum items 1.c.(1), ``Brokered deposits of less than $100,000,'' 
and 1.c.(2), ``Brokered deposits of $100,000 through $250,000 and 
certain brokered retirement deposit accounts,'' were combined into a 
single item, Memorandum item 1.c, ``Brokered deposits of $250,000 or 
less (fully insured brokered deposits).'' The agencies propose for the 
new FFIEC 016 report form and instructions to align its Balance Sheet 
line items 32 and 33 for retail and wholesale funding calculations, 
respectively, with the updated FFIEC 031 and FFIEC 041 Schedule RC-E, 
Part I, Memorandum item 1.c, ``Brokered deposits of $250,000 or less 
(fully insured brokered deposits).''
    (3) On Schedule RC-M of the FFIEC 031 and FFIEC 041, items for the 
amount of loans covered by FDIC loss-sharing agreements in the 
following loan categories were removed and combined with existing 
Schedule RC-M, item 13.a.(5), ``All other loans and all leases'' 
covered by such agreements: Item 13.a.(2), ``Loans to finance 
agricultural production and other loans to farmers''; item 13.a.(3), 
``Commercial and industrial loans''; item 13.a.(4)(a), ``Credit 
cards''; item 13.a.(4)(b), ``Automobile loans''; and item 13.a.(4)(c), 
``Other (includes revolving credit plans other than credit cards, and 
other consumer loans).'' In order to keep the data collection uniform 
and comparable across types of reporting institutions, the agencies 
propose for the new FFIEC 016 report form and instructions to 
discontinue the deduction of loans covered by FDIC loss-sharing 
agreements from each of the loan categories collected in Balance Sheet 
line items 1 through 13. In addition, in the proposed new FFIEC 016 
report form, existing Balance Sheet line item 14, ``Loans covered by 
FDIC loss-sharing agreements,'' will be retained.
    In addition, the agencies are proposing to have reporting 
institutions provide their LEI on the FFIEC 016 report form, if they 
have one. The LEI is a 20-digit alpha-numeric code that uniquely 
identifies entities that engage in financial transactions. The recent 
financial crisis spurred the development of a Global LEI System 
(GLEIS). Internationally, regulators and market participants have 
recognized the importance of the LEI as a key improvement in financial 
data systems. The Group of Twenty (G-20) nations directed the Financial 
Stability Board (FSB) to lead the coordination of international 
regulatory work and deliver concrete recommendations on the GLEIS by 
mid-2012, which in turn were endorsed by the G-20 later that same year. 
In January 2013, the LEI Regulatory Oversight Committee (ROC), 
including participation by regulators from around the world, was 
established to oversee the GLEIS on an interim basis. With the 
establishment of the full Global LEI Foundation in 2014, the ROC 
continues to review and develop broad policy standards for LEIs. The 
OCC, the Board, and the FDIC are all members of the ROC.
    The LEI system is designed to facilitate several financial 
stability objectives, including the provision of higher quality and 
more accurate financial data. In the United States, the Financial 
Stability Oversight Council (FSOC) has recommended that regulators and 
market participants continue to work together to improve the quality 
and comprehensiveness of financial data both nationally and globally. 
In this regard, the FSOC also has recommended that its member agencies 
promote the use of the LEI in reporting requirements and rulemakings, 
where appropriate.\4\
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    \4\ Financial Stability Oversight Council 2015 Annual Report, 
page 14, http://www.treasury.gov/initiatives/fsoc/studies-reports/Documents/2015%20FSOC%20Annual%20Report.pdf.
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    With respect to the FFIEC 016, the agencies are proposing to have 
reporting institutions provide their LEI on the cover page of this new 
report once it is implemented, if a reporting institution has an LEI. A 
reporting institution that does not have an LEI would not be required 
to obtain one for purposes of reporting it on the FFIEC 016.
    The uniform FFIEC 016 report would be collected through the 
application currently used to collect the agencies' separate stress 
test reporting forms, the Federal Reserve's Reporting Central 
application. The agencies believe that developing a uniform report 
under the FFIEC reporting structure will promote uniform standards and 
reporting across the agencies, which is consistent with the function of 
the FFIEC.\5\ The proposed FFIEC 016 information collection would 
satisfy each agency's company-run stress-testing requirements, while 
ensuring consistency and comparability of the stress-testing 
information across institutions. The change from three separate agency-
specific reports to an interagency FFIEC report is expected to be a 
seamless change for institutions with $10 to $50 billion in assets 
currently reporting annual Dodd-Frank Act stress-testing information. 
The change also would ensure that future collections of this 
information remain uniform across the agencies.
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    \5\ See 12 U.S.C. 3305(c).
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    The proposed FFIEC 016 report form would take effect as of December 
31, 2017. The first annual filing deadline for the FFIEC 016 report 
form would be July 31, 2018.

II. Request for Comment

    Public comment is requested on all aspects of this joint notice. 
Comments are invited on:
    (a) Whether 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 the information.
    Comments submitted in response to the joint notice will be shared 
among the agencies. All comments will become a matter of public record.

    Dated: October 2, 2017.
Karen Solomon,
Deputy Chief Counsel, Office of the Comptroller of the Currency.
    Board of Governors of the Federal Reserve System, September 29, 
2017.
Ann E. Misback,
Secretary of the Board.
    Dated at Washington, DC, this 27th day of September 2017.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2017-21571 Filed 10-5-17; 8:45 am]
 BILLING CODE 4810-33-P; 6210-01-P; 6714-01-P


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