81_FR_45491 81 FR 45357 - Agency Information Collection Activities: Submission for OMB Review; Joint Comment Request

81 FR 45357 - Agency Information Collection Activities: Submission for OMB Review; Joint Comment Request

DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
FEDERAL RESERVE SYSTEM
FEDERAL DEPOSIT INSURANCE CORPORATION

Federal Register Volume 81, Issue 134 (July 13, 2016)

Page Range45357-45370
FR Document2016-16533

In accordance with the requirements of the PRA (44 U.S.C. chapter 35), 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 OMB control number. On September 18, 2015, the agencies, under the auspices of the Federal Financial Institutions Examination Council (FFIEC), requested public comment for 60 days on a proposal for the revision and extension of the Consolidated Reports of Condition and Income (Call Report), which are currently approved collections of information. The proposal included deletions of certain existing data items, revisions of certain reporting thresholds and certain existing data items, the addition of certain new data items, and certain instructional revisions. As described in the SUPPLEMENTARY INFORMATION section below, after considering the comments received on the proposal, the FFIEC and the agencies will proceed with most of the reporting revisions proposed in September 2015, with some modifications, and the FFIEC and the agencies are not proceeding with certain elements of the proposal. An additional revision to the instructions proposed by a commenter also would be implemented. These proposed reporting changes would take effect as of the September 30, 2016, or the March 31, 2017, report date, depending on the nature of the proposed reporting change.

Federal Register, Volume 81 Issue 134 (Wednesday, July 13, 2016)
[Federal Register Volume 81, Number 134 (Wednesday, July 13, 2016)]
[Notices]
[Pages 45357-45370]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16533]


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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency

FEDERAL RESERVE SYSTEM

FEDERAL DEPOSIT INSURANCE CORPORATION


Agency Information Collection Activities: Submission for OMB 
Review; Joint 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: Notice of information collections to be submitted to Office of 
Management and Budget (OMB) for review and approval under the Paperwork 
Reduction Act of 1995 (PRA).

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SUMMARY: In accordance with the requirements of the PRA (44 U.S.C. 
chapter 35), 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 OMB 
control number. On September 18, 2015, the agencies, under the auspices 
of the Federal Financial Institutions Examination Council (FFIEC), 
requested public comment for 60 days on a proposal for the revision and 
extension of the Consolidated Reports of Condition and Income (Call 
Report), which are currently approved collections of information. The 
proposal included deletions of certain existing data items, revisions 
of certain reporting thresholds and certain existing data items, the 
addition of certain new data items, and certain instructional 
revisions. As described in the SUPPLEMENTARY INFORMATION section below, 
after considering the comments received on the proposal, the FFIEC and 
the agencies will proceed with most of the reporting revisions proposed 
in September 2015, with some modifications, and the FFIEC and the 
agencies are not proceeding with certain elements of the proposal. An 
additional revision to the instructions proposed by a commenter also 
would be implemented. These proposed reporting changes would take 
effect as of the September 30, 2016, or the March 31, 2017, report 
date, depending on the nature of the proposed reporting change.

DATES: Comments must be submitted on or before August 12, 2016.

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 [email protected]. Alternatively, comments 
may be sent to: Legislative and Regulatory Activities Division, Office 
of the Comptroller of the Currency, Attention ``1557-0081, FFIEC 031 
and 041,'' 400 7th Street SW., Suite 3E-218, Mail Stop 9W-11, 
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 031 
and FFIEC 041,'' by any of the following methods:
     Agency Web site: http://www.federalreserve.gov. Follow the 
instructions for submitting comments at: http://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include the 
reporting form numbers in the subject line of the message.
     Fax: (202) 452-3819 or (202) 452-3102.
     Mail: Robert DeV. Frierson, 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 
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 9:00 
a.m. and 5:00 p.m. on weekdays.
    FDIC: You may submit comments, which should refer to ``FFIEC 031 
and FFIEC 041,'' by any of the following methods:
     Agency Web site: http://www.fdic.gov/regulations/laws/federal/. Follow the instructions for submitting comments on the FDIC's 
Web site.

[[Page 45358]]

     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include ``FFIEC 031 and FFIEC 
041'' in the subject line of the message.
     Mail: Manuel E. Cabeza, Counsel, Attn: Comments, Room MB-
3105, 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 7:00 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. 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 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 
[email protected].

FOR FURTHER INFORMATION CONTACT: For further information about the 
proposed revisions to the Call Report discussed in this notice, please 
contact any of the agency staff whose names appear below. In addition, 
copies of the Call Report forms can be obtained at the FFIEC's Web site 
(http://www.ffiec.gov/ffiec_report_forms.htm).
    OCC: Kevin Korzeniewski, Senior Attorney, (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) 452-3829, 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: The agencies are proposing to revise and 
extend for three years the Call Report, which is currently an approved 
collection of information for each agency.
    Report Title: Consolidated Reports of Condition and Income (Call 
Report).
    Form Number: FFIEC 031 (for banks and savings associations with 
domestic and foreign offices) and FFIEC 041 (for banks and savings 
associations with domestic offices only).
    Frequency of Response: Quarterly.
    Affected Public: Business or other for-profit.

OCC

    OMB Control No.: 1557-0081.
    Estimated Number of Respondents: 1,412 national banks and federal 
savings associations.
    Estimated Average Burden per Response: 59.36 burden hours per 
quarter to file.
    Estimated Total Annual Burden: 335,265 burden hours to file.

Board

    OMB Control No.: 7100-0036.
    Estimated Number of Respondents: 839 state member banks.
    Estimated Average Burden per Response: 59.89 burden hours per 
quarter to file.
    Estimated Total Annual Burden: 200,991 burden hours to file.

FDIC

    OMB Control No.: 3064-0052.
    Estimated Number of Respondents: 3,891 insured state nonmember 
banks and state savings associations.
    Estimated Average Burden per Response: 44.55 burden hours per 
quarter to file.
    Estimated Total Annual Burden: 693,376 burden hours to file.
    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). The average 
reporting burden for the filing of the Call Report as it is proposed to 
be revised is estimated to range from 20 to 775 hours per quarter, 
depending on an individual institution's circumstances.
    Type of Review: Revision and extension of currently approved 
collections.

General Description of Reports

    These information collections are mandatory: 12 U.S.C. 161 (for 
national banks), 12 U.S.C. 324 (for state member banks), 12 U.S.C. 1817 
(for insured state nonmember commercial and savings banks), and 12 
U.S.C. 1464 (for federal and state savings associations). At present, 
except for selected data items, these information collections are not 
given confidential treatment.

Abstract

    Institutions 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 missions of ensuring the 
safety and soundness of financial institutions and the financial system 
and the protection of consumer financial rights, as well as agency-
specific missions affecting national and state-chartered institutions, 
e.g., monetary policy, financial stability, and 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. 
The agencies use Call Report data in evaluating institutions' corporate 
applications, including, in particular, interstate merger and 
acquisition applications for which, as required by law, the agencies 
must determine whether the resulting institution would control more 
than ten percent of the total amount of deposits of insured depository 
institutions in the United States. Call Report data also are used to 
calculate institutions' deposit insurance and Financing Corporation 
assessments and national banks' and federal savings associations' 
semiannual assessment fees.

Current Actions

I. Introduction

    On September 18, 2015, the agencies requested comment on various 
proposed revisions to the Call Report requirements (September 2015 
proposal).\1\ These proposed revisions included a number of burden-
reducing changes and certain other Call Report revisions identified 
during the agencies' most recently completed statutorily mandated 
review of the information collected in the Call Report.\2\ The 
agencies' proposal also incorporated certain additional burden-reducing 
Call Report changes identified after the completion of the statutory 
review. Furthermore, the proposal included several new and revised Call 
Report data items, some of which would have a limited impact on 
community institutions. Certain instructional clarifications also were 
contained in the

[[Page 45359]]

proposal. The comment period for the proposal ended on November 17, 
2015.
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    \1\ See 80 FR 56539 (September 18, 2015).
    \2\ This review is mandated by section 604 of the Financial 
Services Regulatory Relief Act of 2006 (12 U.S.C. 1817(a)(11)).
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    As originally proposed in September 2015, the Call Report revisions 
were targeted for implementation in December 2015 or March 2016, 
depending on the nature of the proposed revision. Based on comments 
received on the proposal and other factors, the FFIEC announced on 
December 3, 2015, that the effective date of those Call Report 
revisions with a proposed effective date of December 31, 2015, had been 
deferred until no earlier than March 31, 2016.\3\ On January 8, 2016, 
the agencies notified reporting institutions that the effective date 
for all of the proposed Call Report changes had been deferred until no 
earlier than September 30, 2016.\4\
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    \3\ See Financial Institution Letter (FIL) 57-2015, December 3, 
2015, at https://www.fdic.gov/news/news/financial/2015/fil15057.html.
    \4\ See FIL-2-2016, January 8, 2016, at https://www.fdic.gov/news/news/financial/2016/fil16002.html.
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    General comments on the September 2015 notice are summarized in 
Section II below. Section III of this notice discusses each proposed 
revision, the related comments received (if any), the disposition of 
these comments, and the agencies' decision on each proposed 
revision.\5\ The effective dates for the Call Report revisions the 
agencies are proposing to implement are summarized in Section IV.
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    \5\ Section III.C.4 addresses an instructional revision proposed 
by a banking organization that was not included in the September 
2015 proposal.
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    The agencies' September 2015 proposal also described the formal 
initiative the FFIEC launched in December 2014 to identify potential 
opportunities to reduce burden associated with Call Report requirements 
for community banks. The FFIEC's initiative, which responds to industry 
concerns about the cost and burden arising from the Call Report, 
comprises actions by the FFIEC and the agencies in the following five 
areas:
     The publication of the September 2015 Call Report 
proposal, which requested comment on a number of proposed burden-
reducing changes and certain other proposed Call Report revisions.
     The acceleration of the start of the agencies' next 
statutorily mandated review of the existing Call Report data items, 
which otherwise would have commenced in 2017.
     Consideration of the feasibility and merits of creating a 
less burdensome version of the quarterly Call Report for institutions 
that meet certain criteria.
     Obtaining, through industry dialogue, a better 
understanding of the aspects of institutions' Call Report preparation 
process that are significant sources of reporting burden, including 
where manual intervention by an institution's staff is necessary to 
report particular information.
     Offering periodic training to bankers via teleconferences 
and webinars that would explain upcoming reporting changes and could 
also provide guidance on areas of the Call Report bankers find 
challenging to complete.

II. Comments Received on the September 2015 Proposal

    The agencies collectively received comments on the September 2015 
proposal from 13 entities: Seven banking organizations, four bankers' 
associations, and two consulting firms. Comments on the specific Call 
Report revisions in that proposal are discussed in Section III below. 
In addition, two banking organizations commented about the burden 
imposed on them by the Call Report. Furthermore, all four bankers' 
associations and one consulting firm specifically addressed the 
community bank Call Report burden-reduction initiative described in the 
September 2015 proposal, expressing support for this initiative and 
encouraging the FFIEC and the agencies to pursue the development of a 
small bank Call Report. One other banking organization provided its 
recommendation for reducing the information collected in the Call 
Report, but did not refer to the burden-reduction initiative.
    For example, one bankers' association described the FFIEC's formal 
initiative as ``the right answer'' for addressing the increased 
regulatory burden of the Call Report and commended the FFIEC for its 
consideration of a less burdensome Call Report for community banks. 
Another bankers' association welcomed the agencies' Call Report 
streamlining efforts and sought prompt implementation of measures to 
reduce regulatory burden. The two other bankers' associations commented 
favorably on the FFIEC's recognition of the reporting burden imposed by 
the Call Report and encouraged the FFIEC to create a less burdensome 
Call Report for smaller institutions. They also recommended that the 
Call Report could be streamlined for smaller institutions because they 
typically do not engage in many of the activities about which data must 
be reported in the Call Report.
    The FFIEC's 2015 Annual Report describes the status of the actions 
being undertaken in the five areas within the community bank Call 
Report burden-reduction initiative as of year-end 2015.\6\ In this 
regard, the annual report notes that the FFIEC's Task Force on Reports 
(TFOR) ``reported to the Council in December 2015 on options for 
proceeding with a less burdensome Call Report for eligible institutions 
and other Call Report streamlining methods. The additional feedback 
about sources of Call Report burden and these options from the TFOR's 
community banker outreach activities in February 2016 will help inform 
a subsequent TFOR recommendation to the Council regarding a 
streamlining proposal for eligible small institutions that can be 
issued for industry comment in 2016.'' Thus, the agencies anticipate 
that they will publish a proposal later this year that will extend the 
burden-reducing changes to the Call Report beyond those included in the 
September 2015 proposal and discussed in this notice.
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    \6\ FFIEC 2015 Annual Report, pages 16-18 (http://www.ffiec.gov/PDF/annrpt15.pdf).
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    Two bankers' associations presented some additional recommendations 
to the FFIEC and the agencies in their comments on the September 2015 
proposal. These recommendations included establishing ``an industry 
advisory committee to provide the FFIEC with advice and guidance on 
issues related to FFIEC reports.'' As one of the actions under the 
burden-reduction initiative, the FFIEC and the agencies have committed 
to pursue industry dialogue regarding Call Report matters such as 
activities enabling the agencies to better understand the burdensome 
aspects of the Call Report. This is evidenced by community banker 
outreach activities with small groups of community bankers that were 
organized by two bankers' associations and conducted via conference 
call meetings in February 2016. The FFIEC and the agencies believe 
their existing dialogue with the industry, in addition to the 
opportunity for public participation in the Call Report revision 
process, allows ample avenues to provide input concerning revisions to 
FFIEC reports.
    The two associations also recommended that the FFIEC ``work to 
ensure other required regulatory reporting forms are updated 
simultaneously,'' which they further described as ensuring consistency 
between definitions and reporting treatments used in the Call Report 
and in other regulatory reports that institutions file.\7\ The agencies 
will seek to be more conscious of relationships between the Call Report 
requirements and other FFIEC regulatory reports,

[[Page 45360]]

particularly when considering revisions to the data collected in the 
Call Report.
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    \7\ As an example, the associations cited an apparent 
inconsistency between the definition of ``domicile'' in the Call 
Report and certain other regulatory reports.
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    Another recommendation from the two bankers' associations was for 
the FFIEC and the agencies to allow sufficient time for institutions to 
implement any reporting changes. They stated that the proposed 
effective dates in the September 2015 proposal would not provide 
sufficient time for implementing the reporting changes. One of the 
banking organizations expressed a similar concern. The two associations 
urged the FFIEC and the agencies to implement changes to non-income 
line items no earlier than a full quarter after the quarter in which 
the notice requesting OMB approval is published in the Federal 
Register. For data on income and quarterly averages, they suggested 
that such changes take effect at the beginning of a reporting year.
    In recognition of the impact of the September 2015 proposal on 
institutions from a systems standpoint, the agencies deferred the 
effective dates for the reporting changes in that proposal to no 
earlier than September 30, 2016, as mentioned above in Section I. As 
will be discussed below with respect to the implementation of the 
specific proposed Call Report changes that are the subject of this 
notice, the agencies have sought to set the effective dates for these 
changes in a manner consistent with the timing suggested by the two 
bankers' associations. To assist institutions in preparing for the 
reporting changes in this proposal, drafts of the reporting 
instructions for the new and revised Call Report items will be made 
available to institutions on the FFIEC's Web site when this Federal 
Register notice requesting OMB approval is published.

III. Discussion of Proposed Call Report Revisions

A. Deletions of Existing Data Items

    Based on the agencies' review of the information that institutions 
are required to report in the Call Report, the agencies determined that 
the continued collection of the following items is no longer necessary 
and proposed to eliminate them:
    (1) Schedule RI, Income Statement: Memorandum items 14.a and 14.b, 
on other-than-temporary impairments; \8\
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    \8\ Institutions would continue to complete Schedule RI, 
Memorandum item 14.c, on net impairment losses recognized in 
earnings. Memorandum item 14.c would be renumbered Memorandum item 
14.
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    (2) Schedule RC-C, Part I, Loans and Leases: Memorandum items 
1.f.(2), 1.f.(5), and 1.f.(6) (and 1.f.(7) on the FFIEC 031), on 
troubled debt restructurings in certain loan categories that are in 
compliance with their modified terms;
    (3) Schedule RC-N, Past Due and Nonaccrual Loans, Leases, and Other 
Assets: Memorandum items 1.f.(2), 1.f.(5), and 1.f.(6) (and 1.f.(7) on 
the FFIEC 031), on troubled debt restructurings in certain loan 
categories that are 30 days or more past due or on nonaccrual;
    (4) Schedule RC-M, Memoranda: Items 13.a.(5)(a) through (d) (and 
(e) on the FFIEC 031), on loans in certain loan categories that are 
covered by FDIC loss-sharing agreements; and
    (5) Schedule RC-N: Items 11.e.(1) through (4) (and (5) on the FFIEC 
031), on loans in certain loan categories that are covered by FDIC 
loss-sharing agreements and are 30 days or more past due or on 
nonaccrual.
    In addition, the agencies proposed to eliminate Schedule RC-R, Part 
II, Risk-Weighted Assets, item 18.b, on unused commitments to asset-
backed commercial paper conduits with an original maturity of one year 
or less. Because the Schedule RC-R instructions state that such 
commitments should be reported in item 10 as off-balance sheet 
securitization exposures, item 18.b is not needed. Upon the elimination 
of item 18.b, existing item 18.c of Schedule RC-R, Part II, for unused 
commitments with an original maturity exceeding one year would be 
renumbered as item 18.b.
    The agencies received comments from two consulting firms and one 
banking organization regarding these proposed deletions. The banking 
organization stated that these revisions would have no impact on its 
reporting. One consulting firm agreed with all of the proposed 
deletions except the one involving information on other-than-temporary 
impairment (OTTI) losses in Schedule RI, Memorandum items 14.a and 
14.b. The firm believes the deletion of the two OTTI items will 
eliminate important information about the performance of institutions' 
securities portfolios and how they recognize OTTI. While the agencies 
acknowledge that this proposal would result in the loss of information 
on the total year-to-date amount of OTTI losses and the portion of 
these losses recognized in other comprehensive income, institutions 
would continue to report the portion of OTTI losses recognized in 
earnings. It is this portion of OTTI losses that is of greatest 
interest and concern to the agencies. Because some or all of each OTTI 
loss must be recognized in earnings, when an institution reports a 
substantial amount of OTTI losses in earnings, it is this item that 
serves as a red flag for further supervisory follow-up by an 
institution's primary federal regulator (or, if applicable, its state 
supervisor). Additionally, the portion of OTTI losses that passes 
through other comprehensive income and accumulates in other 
comprehensive income is excluded from regulatory capital for the vast 
majority of institutions.
    One consulting firm expressed concern about the proposed deletion 
of Memorandum items on troubled debt restructurings in certain loan 
categories in Schedules RC-C, Part I, and RC-N. This firm stated that 
this information is important for understanding the specific nature of 
troubled loans relative to restructured loans and suggested that the 
loan categories being deleted may need to be added back to the Call 
Report if there is a significant economic downturn. The agencies note 
that each of the loan categories proposed for deletion is a subset of 
the larger loan category ``All other loans,'' which institutions would 
continue to report. Furthermore, the amount of troubled debt 
restructurings in each of these subset categories is reported only when 
it exceeds 10 percent of the total amount of troubled debt 
restructurings in compliance with their modified terms (Schedule RC-C, 
Part I) or not in compliance with their modified terms (Schedule RC-N), 
as appropriate. Thus, the total amount of an institution's troubled 
debt restructurings, both those in compliance with their modified terms 
and those that are not, would continue to be reported.
    After considering these comments, all of the items proposed for 
deletion would be removed from the Call Report effective September 30, 
2016, except for the deletion relating to other-than-temporary 
impairments, which would take effect March 31, 2017.

B. New Reporting Threshold and Increases in Existing Reporting 
Thresholds

    In five Call Report schedules, institutions are currently required 
to itemize and describe each component of an existing item when the 
component exceeds both a specified percentage of the item and a 
specified dollar amount.\9\ Based on a preliminary evaluation of the 
existing reporting thresholds, the agencies concluded that the dollar 
portion of the thresholds that currently apply to these items can be 
increased to

[[Page 45361]]

provide a reduction in reporting burden without a loss of data that 
would be necessary for supervisory or other public policy purposes. The 
percentage portion of the existing thresholds would not be changed. 
Accordingly, the agencies proposed to raise from $25,000 to $100,000 
the dollar portion of the threshold for itemizing and describing 
components of:
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    \9\ The data items for which components in excess of specified 
reporting thresholds are required to be itemized and described are 
included in Schedule RI-E, Explanations; Schedule RC-D, Trading 
Assets and Liabilities; Schedule RC-F, Other Assets; Schedule RC-G, 
Other Liabilities; and Schedule RC-Q, Assets and Liabilities 
Measured at Fair Value on a Recurring Basis.
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    (1) Schedule RI-E, item 1, ``Other noninterest income;''
    (2) Schedule RI-E, item 2, ``Other noninterest expense;''
    (3) Schedule RC-F, item 6, ``All other assets;''
    (4) Schedule RC-G, item 4, ``All other liabilities;''
    (5) Schedule RC-Q, Memorandum item 1, ``All other assets;'' and
    (6) Schedule RC-Q, Memorandum item 2, ``All other liabilities.''
    The agencies also proposed to raise from $25,000 to $1,000,000 the 
dollar portion of the threshold for itemizing and describing components 
of ``Other trading assets'' and ``Other trading liabilities'' in 
Schedule RC-D, Memorandum items 9 and 10.
    In addition, because institutions with less than $1 billion in 
total assets typically do not provide support for asset-backed 
commercial paper conduits, the agencies proposed to exempt such 
institutions from completing Schedule RC-S, Servicing, Securitization, 
and Asset Sale Activities, Memorandum items 3.a.(1), 3.a.(2), 3.b.(1), 
and 3.b.(2), on credit enhancements and unused liquidity commitments 
provided to asset-backed commercial paper conduits.
    The agencies received comments from two bankers' associations, two 
consulting firms, and two banking organizations regarding the proposed 
changes involving reporting thresholds. One banking organization 
supported the higher thresholds, stating that raising the thresholds 
would reduce reporting burden, but the other said that this change 
would not have an impact on its reporting. The two bankers' 
associations expressed support for the targeted approach to increasing 
the reporting thresholds, but observed that an increase from $25,000 to 
$100,000 for six items would do little to reduce reporting burden for 
most institutions. The associations recommended that the FFIEC consider 
increasing the percentage portion of the reporting threshold from the 
present three percent to five to seven percent of the total amount of 
an income statement item for which components must be itemized and 
described. At present, the percentage portion of the reporting 
threshold applicable to reporting components of ``Other noninterest 
income'' and ``Other noninterest expense'' in Schedule RI-E is three 
percent.\10\
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    \10\ For the other items for which the agencies proposed an 
increase in the dollar portion of the existing reporting threshold, 
the percentage portion of the threshold is 25 percent of the total 
amount of the item.
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    Because of the interaction between the dollar and percentage 
portions of the reporting thresholds on the total amount of an item 
that is subject to component itemization and description, the agencies 
acknowledge that the proposed increase in the dollar portion of the 
reporting threshold from $25,000 to $100,000 may not benefit all 
institutions, particularly larger institutions. While these threshold 
changes may not reduce reporting burden for all institutions, they will 
not increase the amount of information to be reported by any 
institution. In addition, as stated in the September 2015 proposal, the 
agencies are conducting the statutorily mandated review of the existing 
Call Report data items, which may result in additional new or upwardly 
revised reporting thresholds.
    One consulting firm supported the increase in the dollar portion of 
the reporting threshold for Schedules RC-F, RC-G, and RC-Q, but 
recommended retaining the $25,000 threshold for the ``Other noninterest 
income'' and ``Other noninterest expense'' in Schedule RI-E. The 
consulting firm commented that, for smaller banks, information on the 
components of these noninterest items ``is an important indicator of 
the activity of the bank, its style and management ability'' and 
``provide[s] regulators with a clearer insight into the activities of a 
bank.'' This firm also observed that the component information is or 
should be captured in institutions' internal accounting systems. The 
agencies recognize that the proposed increase in the dollar portion of 
the threshold for reporting components of other noninterest income and 
expense will result in a reduced number of their components being 
itemized and described in Call Report Schedule RI-E, particularly by 
smaller institutions. However, in carrying out their on- and off-site 
supervision of individual institutions, the agencies are able to follow 
up directly with an individual institution when the level and trend of 
noninterest income and expense, and other elements of net income (or 
loss), that are reflected in its Call Reports raise questions about the 
quality of, and the factors affecting, the institution's reported 
earnings. The agencies do not believe the proposed increase in the 
dollar portion of the reporting thresholds in Schedule RI-E will impede 
their ability to evaluate institutions' earnings.
    Another consulting firm questioned the proposed increase from 
$25,000 to $1,000,000 in the dollar portion of the threshold for 
itemizing and describing components of ``Other trading assets'' and 
``Other trading liabilities'' in Schedule RC-D, Memorandum items 9 and 
10. In addition to meeting the dollar portion of the threshold, a 
component must exceed 25 percent of the total amount of ``Other trading 
assets'' or ``Other trading liabilities'' in order to be itemized and 
described in Memorandum item 9 or 10, respectively. The agencies 
further note that these two memorandum items are to be completed only 
by institutions that reported average trading assets of $1 billion or 
more in any of the four preceding calendar quarters. Thus, at 
$1,000,000, the proposed higher dollar threshold for component 
itemization and description in Memorandum items 9 and 10 of Schedule 
RC-D would represent one tenth of one percent of the amount of average 
trading assets that an institution must have in order to be subject to 
the requirement to report components of its other trading assets and 
liabilities that exceed the reporting threshold. As a result, the 
agencies believe that raising the dollar portion of the threshold for 
reporting components of Memorandum items 9 and 10 of Schedule RC-D to 
$1,000,000 will continue to provide meaningful data while reducing 
burden for institutions that must complete these items.
    After considering the comments about the proposed new and increased 
reporting thresholds, the agencies propose to implement these changes 
effective September 30, 2016.\11\
---------------------------------------------------------------------------

    \11\ Although the proposed reporting threshold changes would 
take effect as of September 30, 2016, institutions may choose, but 
are not required, to continue using $25,000 as the dollar portion of 
the threshold for reporting components of the specified items in the 
five previously identified schedules rather than the higher dollar 
thresholds.
---------------------------------------------------------------------------

C. Instructional Revisions

1. Reporting Home Equity Lines of Credit That Convert From Revolving to 
Non-Revolving Status
    Institutions report the amount outstanding under revolving, open-
end lines of credit secured by 1-4 family residential properties 
(commonly known as home equity lines of credit or HELOCs) in item 
1.c.(1) of Schedule RC-C, Part I, Loans and Leases. Closed-end loans 
secured by 1-4 family residential properties are reported in Schedule 
RC-C, Part I, item 1.c.(2)(a) or

[[Page 45362]]

(b), depending on whether the loan is a first or a junior lien.\12\
---------------------------------------------------------------------------

    \12\ Information also is separately reported for open-end and 
closed-end loans secured by 1-4 family residential properties in 
Schedule RI-B, Part I, Charge-offs and Recoveries on Loans and 
Leases; Memorandum items in Schedule RC-C, Part I; Schedule RC-D; 
Schedule RC-M; and Schedule RC-N.
---------------------------------------------------------------------------

    A HELOC is a line of credit secured by a lien on a 1-4 family 
residential property that generally provides a draw period followed by 
a repayment period. During the draw period, a borrower has revolving 
access to unused amounts under a specified line of credit. During the 
repayment period, the borrower can no longer draw on the line of 
credit, and the outstanding principal is either due immediately in a 
balloon payment or is repaid over the remaining loan term through 
monthly payments. Because the Call Report instructions do not address 
the reporting treatment for a home equity line of credit when it 
reaches its end-of-draw period and converts from revolving to 
nonrevolving status, the agencies noted in their September 2015 
proposal that they have found diversity in how these credits are 
reported in Schedule RC-C, Part I.
    To address this absence of instructional guidance and promote 
consistency in reporting, the agencies proposed to clarify the 
instructions for reporting loans secured by 1-4 family residential 
properties by specifying that after a revolving open-end line of credit 
has converted to non-revolving closed-end status, the loan should be 
reported as closed-end in Schedule RC-C, Part I, item 1.c.(2)(a) or 
(b), as appropriate. In their September 2015 proposal, the agencies 
also requested comment on whether an instructional requirement to 
recategorize HELOCs as closed-end loans for Call Report purposes would 
create difficulties for institutions' loan recordkeeping systems.
    The agencies received comments from two bankers' associations, one 
consulting firm, and one banking organization regarding the proposed 
instructional clarification for HELOCs. The consulting firm agreed with 
this clarification because of the consistency in reporting that it 
would provide. The two bankers' associations stated that they 
appreciated the proposed clarification, but noted that ``material 
definitional changes would require a whole recoding of these credits.'' 
The associations observed that the proposed clarification would likely 
have implications for other regulatory requirements such as the 
Comprehensive Capital Analysis and Review, which evaluates the capital 
planning processes and capital adequacy of the largest U.S.-based bank 
holding companies. They also described two situations involving HELOCs 
for which further guidance would be needed if the proposed 
instructional change were to be implemented and encouraged the agencies 
to provide examples with the instructions for reporting HELOCs.
    The banking organization opposed the proposed instructional 
clarification for HELOCs and requested that it be withdrawn, citing 
several difficulties it would encounter in preparing its Call Report if 
the clarification were made. These difficulties include identifying 
when a HELOC has begun the repayment period and the lien position of a 
HELOC at that time because the bank's loan system for HELOCs has not 
been set up to generate this information. The banking organization 
requested that the agencies provide time for systems reprogramming if 
the proposed instructional clarification were to be adopted.
    Based on the issues raised in the comments received on the proposed 
HELOC instructional clarification, the agencies are giving further 
consideration to this proposal, including its effect on and 
relationship to other regulatory reporting requirements. Accordingly, 
the agencies are not proceeding with this proposed instructional 
clarification at this time and the existing instructions for reporting 
HELOCs in item 1.c.(1) of Schedule RC-C, Part I, will remain in effect. 
Once the agencies complete their consideration of this instructional 
matter and determine whether and how the Call Report instructions 
should be clarified with respect to the reporting of revolving open-end 
lines of credit that have converted to non-revolving closed-end status, 
any proposed instructional clarification will be published in the 
Federal Register for comment.
2. Reporting Treatment for Securities for Which a Fair Value Option Is 
Elected
    The Call Report Glossary entry for ``Trading Account'' currently 
states that ``all securities within the scope of the Financial 
Accounting Standards Board's (FASB) Accounting Standards Codification 
(ASC) Topic 320, Investments-Debt and Equity Securities (formerly FASB 
Statement No. 115, ``Accounting for Certain Investments in Debt and 
Equity Securities''), that a bank has elected to report at fair value 
under a fair value option with changes in fair value reported in 
current earnings should be classified as trading securities.'' This 
reporting treatment was based on language contained in former FASB 
Statement No. 159, ``The Fair Value Option for Financial Assets and 
Financial Liabilities,'' but that language was not codified when 
Statement No. 159 was superseded by current ASC Topic 825, Financial 
Instruments. Accordingly, the agencies proposed to revise the Glossary 
entry language quoted above by replacing ``should be classified'' with 
``may be classified.'' The agencies also proposed to include comparable 
language in the Glossary entry for ``Securities Activities.''
    The agencies received comments from two bankers' associations and 
one consulting firm regarding the proposed instructional revision for 
the classification of securities for which the fair value option is 
elected. The consulting firm welcomed the proposal. The two bankers' 
associations stated that they understood the purpose of the proposed 
instructional revision, but they requested further clarification of the 
reporting treatment for ``securities for which an institution has 
elected to use the trading measurement classification,'' i.e., fair 
value through earnings.
    The agencies have reconsidered this proposed instructional revision 
in light of the comments received, including the requested further 
clarification. Based on this reconsideration, the agencies have decided 
not to implement the proposed instructional revision and to retain the 
existing Call Report instructions directing institutions to classify 
securities reported at fair value under a fair value option as trading 
securities.
3. Net Gains (Losses) on Sales of, and Other-Than-Temporary Impairments 
on, Equity Securities That Do Not Have Readily Determinable Fair Values
    As noted in the September 2015 proposal,\13\ the Call Report 
instructions for Schedule RI, Income Statement, address the reporting 
of realized gains (losses), including other-than-temporary impairments, 
on held-to-maturity and available-for-sale securities as well as the 
reporting of realized and unrealized gains (losses) on trading 
securities and other assets held for trading. However, the Schedule RI 
instructions do not specifically explain where to report realized gains 
(losses) on sales or other disposals of, and other-than-temporary 
impairments on, equity securities that do not have readily determinable 
fair values and are not held for trading (and to which the equity 
method of accounting does not apply).
---------------------------------------------------------------------------

    \13\ See 80 FR 56543-56544 (September 18, 2015).
---------------------------------------------------------------------------

    The instructions for Schedule RI, item 5.k, ``Net gains (losses) on 
sales of other assets (excluding securities),'' direct institutions to 
``[r]eport the amount of

[[Page 45363]]

net gains (losses) on sales and other disposals of assets not required 
to be reported elsewhere in the income statement (Schedule RI).'' The 
instructions for item 5.k further advise institutions to exclude net 
gains (losses) on sales and other disposals of securities and trading 
assets. The intent of this wording was to cover securities designated 
as held-to-maturity, available-for-sale, and trading securities because 
there are separate specific items elsewhere in Schedule RI for the 
reporting of realized gains (losses) on such securities (items 6.a, 
6.b, and 5.c, respectively). Thus, the agencies proposed to revise the 
instructions for Schedule RI, item 5.k, by clarifying that the 
exclusions from this item of net gains (losses) on securities and 
trading assets apply to held-to-maturity, available-for-sale, and 
trading securities and other assets held for trading. The agencies also 
proposed to add language to the instructions for Schedule RI, item 5.k, 
that explains that net gains (losses) on sales and other disposals of 
equity securities that do not have readily determinable fair values and 
are not held for trading (and to which the equity method of accounting 
does not apply), as well as other-than-temporary impairments on such 
securities, should be reported in item 5.k. In addition, the agencies 
proposed to remove the parenthetic ``(excluding securities)'' from the 
caption for item 5.k on the Call Report forms and to add in its place a 
footnote to this item advising institutions to exclude net gains 
(losses) on sales of trading assets and held-to-maturity and available-
for-sale securities.
    The agencies received no comments on these proposed changes to the 
instructions and report form caption for Schedule RI, item 5.k. 
Accordingly, the agencies propose to implement these changes effective 
for reporting purposes in the first quarter of 2017.
4. Custodial Bank Deduction
    One banking organization that meets the definition of a custodial 
bank for deposit insurance assessment purposes \14\ submitted a comment 
on the September 2015 proposal in which it proposed a revision to the 
reporting of custodial bank data in Schedule RC-O that had not been 
included in that proposal. The banking organization recommended that a 
custodial bank that reports that its custodial bank deduction limit is 
zero in Schedule RC-O, item 11.b, should not need to calculate and 
report its custodial bank deduction in Schedule RC-O, item 11.a, 
because no amount can be deducted. The banking organization stated that 
this proposed revision ``would eliminate unnecessary time and effort.''
---------------------------------------------------------------------------

    \14\ See 12 CFR 327.5(c)(1).
---------------------------------------------------------------------------

    The agencies agree with the banking organization's proposal. 
Accordingly, the agencies will revise the instructions for Schedule RC-
O, item 11.a, ``Custodial bank deduction,'' to state that if a 
custodial bank's deduction limit as reported in Schedule RC-O, item 
11.b, is zero, the custodial bank may leave item 11.a blank rather than 
calculating and reporting the amount of its deduction. This 
instructional revision would take effect September 30, 2016.

D. New and Revised Data Items and Information of General Applicability

1. Increase in the Time Deposit Size Threshold
    Section 335 of the Dodd-Frank Wall Street Reform and Consumer 
Protection Act (Pub. L. 111-203) permanently increased the standard 
maximum deposit insurance amount (SMDIA) from $100,000 to $250,000 
effective July 21, 2010. The SMDIA had been increased temporarily from 
$100,000 to $250,000 by Section 136 of the Emergency Economic 
Stabilization Act of 2008 (Pub. L. 110-343). In response to the 
increase in the limit of deposit insurance coverage, the reporting of 
the amount of ``Total time deposits of $100,000 or more'' in Memorandum 
item 2.c of Schedule RC-E, Deposit Liabilities, was revised as of the 
March 31, 2010, report date. As of that date, institutions began to 
separately report their ``Total time deposits of $100,000 through 
$250,000'' (Memorandum item 2.c) and their ``Total time deposits of 
more than $250,000'' (Memorandum item 2.d).
    However, the reporting of the quarterly averages, interest expense, 
and maturity and repricing data for time deposits of $100,000 or more 
in Schedules RC-K, RI, and RC-E, respectively, have not been updated to 
reflect the permanent $250,000 deposit insurance limit. In this regard, 
in its comment letter to the agencies in response to their first 
request for comments under the Economic Growth and Regulatory Paperwork 
Reduction Act of 1996,\15\ the American Bankers Association recommended 
revising the Schedule RC-E deposit reporting items to reflect the new 
FDIC insurance limit of $250,000. Accordingly, the agencies proposed to 
revise the time deposit size threshold that applies to the reporting of 
this information to bring it into alignment with the SMDIA. These 
proposed changes are illustrated in the following table:
---------------------------------------------------------------------------

    \15\ See 79 FR 32172 (June 4, 2014).
    \16\ The item numbers shown for Schedule RI are from the FFIEC 
041 report form for institutions with domestic offices only. On the 
FFIEC 031 report form for institutions with domestic and foreign 
offices, the item numbers are items 2.a.(1)(b)(2) and 2.a.(1)(b)(3).

----------------------------------------------------------------------------------------------------------------
      Call report schedule                     Current item                        Proposed revised item
----------------------------------------------------------------------------------------------------------------
Schedule RC-K, Quarterly          Item 11.b, ``Time deposits of $100,000  Item 11.b, ``Time deposits of $250,000
 Averages.                         or more''.                              or less''.
                                  Item 11.c, ``Time deposits of less      Item 11.c, ``Time deposits of more
                                   than $100,000''.                        than $250,000''.
Schedule RI, Income Statement     Item 2.a.(2)(b), Interest expense on    Item 2.a.(2)(b), Interest expense on
 \16\.                             ``Time deposits of $100,000 or more''.  ``Time deposits of $250,000 or
                                  Item 2.a.(2)(c), Interest expense on     less''.
                                   ``Time deposits of less than           Item 2.a.(2)(c), Interest expense on
                                   $100,000''.                             ``Time deposits of more than
                                                                           $250,000''.
Schedule RC-E, Deposit            Memorandum item 3.a, ``Time deposits    Memorandum item 3.a, ``Time deposits
 Liabilities.                      of less than $100,000 with a            of $250,000 or less with a remaining
                                   remaining maturity or next repricing    maturity or next repricing date of''.
                                   date of''.
                                  Memorandum item 3.b, ``Time deposits    Memorandum item 3.b, ``Time deposits
                                   of less than $100,000 with a            of $250,000 or less with a remaining
                                   remaining maturity of one year or       maturity of one year or less''.
                                   less''.
                                  Memorandum item 4.a, ``Time deposits    Memorandum item 4.a, ``Time deposits
                                   of $100,000 or more with a remaining    of more than $250,000 with a
                                   maturity or next repricing date of''.   remaining maturity or next repricing
                                                                           date of''.

[[Page 45364]]

 
                                  Memorandum item 4.b, ``Time deposits    Memorandum item 4.b, ``Time deposits
                                   of $100,000 through $250,000 with a     of more than $250,000 with a
                                   remaining maturity of one year or       remaining maturity of one year or
                                   less''.                                 less''.
                                  Memorandum item 4.c, ``Time deposits
                                   of more than $250,000 with a
                                   remaining maturity of one year or
                                   less''.
----------------------------------------------------------------------------------------------------------------

    The agencies received comments on the proposed increase in the time 
deposit size threshold for the identified items in Schedules RI, RC-K, 
and RC-E from four banking organizations, one consulting firm, and two 
bankers' associations. Three banking organizations and the two bankers' 
associations supported the proposed increase and further recommended 
adjusting the deposit size threshold used for certain other data items 
in Schedule RC-E or combining certain Schedule RC-E deposit items. 
Specifically, the commenters suggested addressing the reporting of 
brokered deposit information in Memorandum items 1.c.(1), 1.c.(2), 
1.d.(1), 1.d.(2), and 1.d.(3); the reporting of total time deposits in 
Memorandum items 2.b and 2.c; and the reporting of Individual 
Retirement Accounts (IRAs) and Keogh Plan accounts in Memorandum item 
2.e. In its comments on the time deposit proposal, the fourth banking 
organization described the systems changes it would need to make to 
accommodate the proposed change in the reporting of interest expense on 
and the quarterly averages for time deposits.
    In response to these comments, the agencies have reviewed their 
collection and use of brokered deposit information reported in 
Memorandum items 1.c.(1), 1.c.(2), 1.d.(1), 1.d.(2), and 1.d.(3), and 
have determined that these items can be revised to reflect only the 
$250,000 deposit size threshold. Accordingly, the agencies propose to 
combine 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,'' and to 
collect only ``Brokered deposits of $250,000 or less (fully insured 
brokered deposits).'' \17\ Further, the agencies propose to combine 
Memorandum item 1.d.(1), ``Brokered deposits of less than $100,000 with 
a remaining maturity of one year or less,'' and Memorandum item 
1.d.(2), ``Brokered deposits of $100,000 through $250,000 with a 
remaining maturity of one year or less,'' and to collect only 
``Brokered deposits of $250,000 or less with a remaining maturity of 
one year or less.'' \18\ Current Memorandum item 1.d.(3), ``Brokered 
deposits of more than $250,000 with a remaining maturity of one year or 
less,'' would be retained without change.
---------------------------------------------------------------------------

    \17\ This item would be designated Memorandum item 1.c.
    \18\ This item would be designated Memorandum item 1.d.(1).
---------------------------------------------------------------------------

    The agencies have also reviewed their collection and use of the 
deposit information reported in Memorandum item 2.b, ``Total time 
deposits of less than $100,000''; Memorandum item 2.c, ``Total time 
deposits of $100,000 through $250,000''; and Memorandum item 2.e, 
``Individual Retirements Accounts (IRAs) and Keogh Plan accounts of 
$100,000 or more included in Memorandum items 2.c and 2.d above.'' \19\ 
The agencies have determined that the information reported in 
Memorandum items 2.b and 2.e is necessary for the calculation of the 
small-denomination time deposits component of the monetary aggregate 
M2. The small-denomination time deposits component of M2 consists of 
certain time deposits at banks and thrifts with balances less than 
$100,000. In this regard, the small-denomination time deposits 
component of M2 excludes IRA and Keogh Plan account balances at 
depository institutions because heavy penalties for pre-retirement 
withdrawals make these balances too illiquid to be included in the 
monetary aggregates. Because Memorandum item 2.b includes IRA and Keogh 
Plan account balances held in time deposits of less than $100,000, the 
data reported in Memorandum item 2.e is used in conjunction with the 
data reported in Memorandum item 1.a, ``Total Individual Retirement 
Accounts (IRAs) and Keogh Plan accounts,'' to determine IRA and Keogh 
Plan account balances of less than $100,000, which are netted from 
Memorandum item 2.b for M2 calculation purposes. Given the 
aforementioned need for the continued collection of total time deposits 
of less than $100,000 in Memorandum item 2.b, the agencies have 
determined that the information reported in Memoranda item 2.c on total 
time deposits of $100,000 through $250,000 remains necessary in order 
for the agencies to measure total time deposits within the FDIC deposit 
insurance limit of $250,000.
---------------------------------------------------------------------------

    \19\ Memorandum item 2.d collects data on ``Total time deposits 
of more than $250,000.''
---------------------------------------------------------------------------

    The proposed changes to Schedules RC-K, RI, and RC-E shown in the 
table above as well as the proposed combining of Memorandum items 
1.c.(1) and 1.c.(2) and Memorandum items 1.d.(1) and 1.d.(2) in 
Schedule RC-E would take effect March 31, 2017.
2. Level of External Auditing Work Performed for the Reporting 
Institution During the Preceding Year
    Each year in the March Call Report, each institution indicates in 
Schedule RC, Balance Sheet, Memorandum item 1, the most comprehensive 
level of auditing work performed by independent external auditors 
during the preceding calendar year for the institution or its parent 
holding company. In completing Memorandum item 1, each institution 
selects from nine statements describing a range of levels of auditing 
work the one statement that best describes the level of auditing work 
performed for it. Certain statements from which an institution must 
choose do not reflect current auditing practices performed in 
accordance with applicable standards and procedures promulgated by the 
U.S. auditing standard setters, namely the Public Company Accounting 
Oversight Board (PCAOB) and the Auditing Standards Board (ASB) of the 
American Institute of Certified Public Accountants.
    The PCAOB's Auditing Standard No. 5 (AS 5), An Audit of Internal 
Control Over Financial Reporting That Is Integrated with An Audit of 
Financial Statements, became effective for fiscal years ending on or 
after November 15, 2007, and provides guidance regarding the 
integration of audits of internal control over financial reporting with 
audits of financial statements for public companies. To further 
emphasize the integration of these two audits, the PCAOB revised AS 5 
in December 2010 by adding a statement that ``the auditor cannot audit 
internal control over financial reporting without also auditing the 
financial statements.'' Those public companies not required to undergo 
an audit of internal control over financial

[[Page 45365]]

reporting must have an audit of their financial statements.
    The ASB provided similar guidance in Attestation Section 501 (AT 
501), An Examination of an Entity's Internal Control over Financial 
Reporting That Is Integrated with an Audit of Its Financial Statements, 
which became effective for integrated audits of private companies for 
periods ending on or after December 15, 2008. Consistent with the 
PCAOB, the ASB stated in AT 501 that ``[t]he examination of internal 
control should be integrated with an audit of financial statements'' 
and ``[a]n auditor should not accept an engagement to review an 
entity's internal control or a written assertion thereon.'' Under the 
ASB's previous attestation standards, an entity could engage an 
external auditor to examine and attest to the effectiveness of its 
internal control over financial reporting without auditing the entity's 
financial statements. Thus, at present, unless a private company is 
required to or elects to have an integrated internal control 
examination and financial statement audit, the private company may be 
required to or can choose to have an external auditor perform an audit 
of its financial statements, but it may not engage an external auditor 
to perform a standalone internal control examination. More recently, 
the ASB concluded that, because engagements performed under AT 501 are 
required to be integrated with an audit of financial statements, it 
would be appropriate to move the content of AT 501 from the attestation 
standards into U.S. generally accepted auditing standards. As a 
consequence, the ASB issued Statement on Auditing Standards No. 130, An 
Audit of Internal Control Over Financial Reporting That Is Integrated 
With an Audit of Financial Statements (SAS 130), in October 2015. SAS 
130 is effective for integrated audits of private companies for periods 
ending on or after December 15, 2016, at which time AT 501 will be 
withdrawn.
    The existing wording of statements 1, 2, and 3 of Schedule RC, 
Memorandum item 1, reads as follows:

    1 = Independent audit of the bank conducted in accordance with 
generally accepted auditing standards by a certified public 
accounting firm which submits a report on the bank.
    2 = Independent audit of the bank's parent holding company 
conducted in accordance with generally accepted auditing standards 
by a certified public accounting firm which submits a report on the 
consolidated holding company (but not on the bank separately).
    3 = Attestation on bank management's assertion on the 
effectiveness of the bank's internal control over financial 
reporting by a certified public accounting firm.
    Because these three statements no longer fully and properly 
describe the types of external auditing services performed for 
institutions or their parent holding companies under current 
professional standards and to enhance the information institutions 
provide the agencies annually about the level of external auditing 
work performed for them, the agencies proposed in their September 
2015 proposal to replace existing statements 1 and 2 with new 
statements 1a, 1b, 2a, and 2b and to eliminate existing statement 3. 
The revised statements would read as follows:
    1a = An integrated audit of the reporting institution's 
financial statements and its internal control over financial 
reporting conducted in accordance with the standards of the American 
Institute of Certified Public Accountants (AICPA) or the Public 
Company Accounting Oversight Board (PCAOB) by an independent public 
accountant that submits a report on the institution.
    1b = An audit of the reporting institution's financial 
statements only conducted in accordance with the auditing standards 
of the AICPA or the PCAOB by an independent public accountant that 
submits a report on the institution.
    2a = An integrated audit of the reporting institution's parent 
holding company's consolidated financial statements and its internal 
control over financial reporting conducted in accordance with the 
standards of the AICPA or the PCAOB by an independent public 
accountant that submits a report on the consolidated holding company 
(but not on the institution separately).\20\
---------------------------------------------------------------------------

    \20\ The instructions for statement 2a would indicate this 
statement also applies to a reporting institution with $5 billion or 
more in total assets and a rating lower than 2 under the Uniform 
Financial Institutions Rating System that is required by Section 
36(i)(1) of the Federal Deposit Insurance Act (12 U.S.C. 
1831m(i)(1)) to have its internal control over financial reporting 
audited at the institution level, but undergoes a financial 
statement audit at the consolidated holding company level.
---------------------------------------------------------------------------

    2b = An audit of the reporting institution's parent holding 
company's consolidated financial statements only conducted in 
accordance with the auditing standards of the AICPA or the PCAOB by 
an independent public accountant that submits a report on the 
consolidated holding company (but not on the institution 
separately).
    The agencies received comments on the proposed revisions to the 
statements about level of auditing external worked performed for an 
institution from one banking organization and two bankers' 
associations. One banking organization stated that it did not oppose 
the proposed revision. The two bankers' associations stated that they 
did not object to this change, but requested that the definition of 
``integrated'' be clarified and expanded. The agencies will provide 
additional explanatory information about the meaning of an ``integrated 
audit'' in the revised instructions for Schedule RC, Memorandum item 1. 
This proposed reporting change would take effect March 31, 2017.
3. Chief Executive Officer Contact Information
    All reporting institutions have been requested to provide 
``Emergency Contact Information'' as part of their Call Report 
submissions since September 2002. This information request was added to 
the Call Report so that the agencies could distribute critical, time-
sensitive information to emergency contacts at institutions should such 
a need arise. The primary contact should be a senior official of the 
institution who has decision-making authority. The primary contact may 
or may not be the institution's Chief Executive Officer (CEO). 
Information for a secondary contact also should be provided if such a 
person is available at an institution. The emergency contact 
information is for the confidential use of the agencies and is not 
released to the public.
    The agencies periodically need to communicate with the CEOs of 
reporting institutions via email, but they currently do not have a 
complete list of CEO email addresses that would enable an agency to 
communicate directly to institutions' CEOs. The CEO communications are 
initiated or approved by persons at the agencies' senior management 
levels and would involve topics including new initiatives, policy 
notifications, and assessment information.
    To streamline the agencies' CEO communication process, the agencies 
proposed to request CEO contact information, including email addresses, 
in the Call Report separately from, but in a manner similar to, the 
currently requested ``Emergency Contact Information.'' As with the 
``Emergency Contact Information,'' the proposed CEO contact information 
would be for the confidential use of the agencies and would not be 
released to the public. The agencies intend for CEO email addresses to 
be used judiciously and only for significant matters requiring CEO-
level attention. Having a comprehensive database of CEO contact 
information, including email addresses, would allow the agencies to 
communicate important and time-sensitive information directly to CEOs.
    One banking organization commented on the proposed reporting of CEO 
contact information, stating that it was not opposed to this proposal. 
The agencies propose to implement the collection of this information as 
of the September 30, 2016, report date.

[[Page 45366]]

4. Reporting the Legal Entity Identifier
    The Legal Entity Identifier (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. 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.\21\
---------------------------------------------------------------------------

    \21\ Financial Stability Oversight Council 2015 Annual Report, 
page 14 (http://www.treasury.gov/initiatives/fsoc/studies-reports/Documents/2015%20FSOC%20Annual%20Report.pdf).
---------------------------------------------------------------------------

    Effective in 2014 and 2015, the Board began collecting LEIs from 
holding companies and certain holding company subsidiary banking and 
nonbanking legal entities in the FR Y-6, FR Y-7, and FR Y-10 reports 
\22\ only if a holding company or subsidiary entity already has an LEI. 
With respect to the Call Report, the agencies proposed to have 
institutions provide their LEI on the cover page of the report only if 
an institution already has an LEI. As with the Board reports, an 
institution that does not have an LEI would not be required to obtain 
one for purposes of reporting it on the Call Report.
---------------------------------------------------------------------------

    \22\ FR Y-6, Annual Report of Holding Companies; FR Y-7, Annual 
Report of Foreign Banking Organizations; and FR Y-10, Report of 
Changes in Organizational Structure (OMB Control No. 7100-0297).
---------------------------------------------------------------------------

    One banking organization commented on the proposed LEI reporting, 
stating that it was not opposed to this proposal as long as an 
institution without an LEI would not be required to obtain one for Call 
Report purposes. The agencies propose to implement the collection of 
LEIs on the Call Report cover page only from institutions that already 
have LEIs as of the September 30, 2016, report date. The LEI must be a 
currently issued, maintained, and valid LEI, not an LEI that has 
lapsed.
5. Additional Preprinted Captions for Itemizing and Describing 
Components of Certain Items That Exceed Reporting Thresholds
    As mentioned above in Section III.B, institutions are required to 
itemize and describe each component of certain items in five Call 
Report schedules when the component exceeds both a specified percentage 
of the item and a specified dollar amount. To simplify and streamline 
the reporting of these components and thereby reduce reporting burden, 
preprinted captions have been provided for those components of each of 
these items that, based on the agencies' review of the components 
previously reported for these items, institutions most frequently 
itemize and describe. When a preprinted caption is provided for a 
particular component of an item, an institution is not required to 
report the amount of that component when the amount falls below the 
applicable reporting thresholds.
    Based on the most recent review of the component descriptions 
manually entered by reporting institutions because preprinted captions 
were not available, the agencies stated in their September 2015 
proposal that they were planning to add one new preprinted caption to 
Schedule RI-E, item 1, ``Other noninterest income,'' two new preprinted 
captions to Schedule RI-E, item 2, ``Other noninterest expense,'' and 
three new preprinted captions to Schedule RC-F, item 6, ``All other 
assets.'' \23\ The introduction of these new preprinted captions is 
intended to simplify institutions' compliance with the requirement to 
itemize and describe those components of these items that exceed the 
applicable reporting thresholds (which are being revised effective 
September 30, 2016, as described above in Section IV.B). The new 
preprinted caption for ``Other noninterest income'' is ``Income and 
fees from wire transfers.'' The two new preprinted captions for ``Other 
noninterest expense'' are ``Other real estate owned expenses'' and 
``Insurance expenses (not included in employee benefits, premises and 
fixed assets expenses, and other real estate owned expenses).'' The 
three new preprinted captions for ``All other assets'' are ``Computer 
software,'' ``Accounts receivable,'' and ``Receivables from foreclosed 
government-guaranteed mortgage loans.''
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    \23\ The addition of one of the new preprinted captions to 
Schedule RC-F, item 6, is based on the expected usage of a component 
resulting from the FASB's issuance of Accounting Standards Update 
(ASU) No. 2014-14, ``Classification of Certain Government-Guaranteed 
Mortgage Loans upon Foreclosure,'' that is or soon will be in effect 
for all institutions depending, in part, on their fiscal years.
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    Two banking organizations commented on the introduction of new 
preprinted captions, but raised no objection. The agencies propose to 
add the preprinted captions to the Call Report effective September 30, 
2016.
6. Extraordinary Items
    In January 2015, the FASB issued ASU No. 2015-01, ``Simplifying 
Income Statement Presentation by Eliminating the Concept of 
Extraordinary Items.'' This ASU eliminates the concept of extraordinary 
items from U.S. generally accepted accounting principles. Until the 
effective date of this ASU, an entity was required under ASC Subtopic 
225-20, Income Statement--Extraordinary and Unusual Items (formerly 
Accounting Principles Board Opinion No. 30, ``Reporting the Results of 
Operations''), to separately classify, present, and disclose 
extraordinary events and transactions. An event or transaction was 
presumed to be an ordinary and usual activity of the reporting entity 
unless evidence clearly supports its classification as an extraordinary 
item. For Call Report purposes, if an event or transaction met the 
criteria for extraordinary classification, an institution had to 
segregate the extraordinary item from the results of its ordinary 
operations and report the extraordinary item in its income statement in 
Schedule RI, item 11, ``Extraordinary items and other adjustments, net 
of income taxes.''
    ASU 2015-01 is effective for fiscal years, and interim periods 
within those fiscal years, beginning after December 15, 2015. Thus, for 
example, an institution with a calendar year fiscal year had to begin 
applying the ASU in its Call Report for March 31, 2016, unless it chose 
to early adopt the ASU. After an institution adopts ASU 2015-01, any 
event or transaction that would have met the criteria for extraordinary 
classification before the adoption of the ASU should be reported in 
Schedule RI, item 5.l, ``Other noninterest income,'' or item 7.d, 
``Other noninterest expense,'' as appropriate, unless the event or 
transaction would otherwise be reportable in another item of Schedule 
RI.
    Consistent with the elimination of the concept of extraordinary 
items in ASU 2015-01, the agencies stated in the September 2015 
proposal that they planned to revise the instructions for Schedule RI, 
item 11,\24\ and remove the term ``extraordinary items'' from and 
revise the captions for Schedule RI, item 8, ``Income (loss) before 
income taxes and extraordinary items and other adjustments,'' item 10, 
``Income (loss) before extraordinary items and other

[[Page 45367]]

adjustments,'' and item 11, as well as Schedule RI-E, item 3, 
``Extraordinary items and other adjustments and applicable income tax 
effect.'' \25\
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    \24\ The outdated reference to the reporting of the cumulative 
effect of certain changes in accounting principles in the 
instructions for item 11, which is inconsistent with the guidance in 
the Call Report Glossary entry for ``Accounting Changes,'' would be 
deleted from the instructions.
    \25\ Items 3.c.(1) and (2) also would be removed from Schedule 
RI-E.
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    As an interim measure because ASU 2015-01 is already in effect for 
most institutions, a footnote was added to item 11 on Schedule RI and 
item 3 on Schedule RI-E on the Call Report forms for March 31, 2016, 
addressing the elimination of the concept of extraordinary items. The 
footnote explains that the captions will be revised at a later date and 
only the results of discontinued operations should be reported in these 
two items.
    The agencies received no comments on the planned changes related to 
extraordinary items. Accordingly, effective September 30, 2016, the 
captions for Schedule RI, items 8, 10, and 11, would be revised to say 
``Income (loss) before income taxes and discontinued operations,'' 
``Income (loss) before discontinued operations,'' and ``Discontinued 
operations, net of applicable income taxes,'' respectively. Similarly, 
the caption for Schedule RI-E, item 3, would be revised to say, 
``Discontinued operations and applicable income tax effect.''

E. New and Revised Data Items of Limited Applicability

1. Changes to Schedule RC-Q, Assets and Liabilities Measured at Fair 
Value on a Recurring Basis
    Schedule RC-Q is completed by institutions that had total assets of 
$500 million or more as of the beginning of their fiscal year and by 
smaller institutions that either are required to complete Schedule RC-
D, Trading Assets and Liabilities, or have elected to report financial 
instruments or servicing assets and liabilities at fair value under a 
fair value option.
    Institutions that complete Schedule RC-Q are currently required to 
treat securities they have elected to report at fair value under a fair 
value option as part of their trading securities. As a consequence, 
institutions include fair value information for their fair value option 
securities, if any, in Schedule RC-Q two times: First, as part of the 
fair value information they report for their ``Other trading assets'' 
in item 5.b of the schedule, and then on a standalone basis in item 
5.b.(1), ``Nontrading securities at fair value with changes in fair 
value reported in current earnings.'' This reporting treatment flows 
from the existing provision of the Glossary entry for ``Trading 
Account'' that, as discussed in Section III.C.2, requires an 
institution that has elected to report securities at fair value under a 
fair value option to classify the securities as trading securities. 
However, as discussed above, the agencies proposed in their September 
2015 proposal to remove this requirement, which would have permitted an 
institution to classify fair value option securities as held-to-
maturity, available-for-sale, or trading securities.
    In its current form, Schedule RC-Q contains an item for available-
for-sale securities along with the items identified above for ``Other 
trading assets,'' which includes securities designated as trading 
securities, and ``Nontrading securities at fair value with changes in 
fair value reported in current earnings.'' However, given the existing 
instructional requirements for fair value option securities, Schedule 
RC-Q does not include an item for reporting held-to-maturity securities 
because only securities reported at amortized cost are included in this 
category of securities. By proposing to remove the requirement to 
report fair value option securities as trading securities, as discussed 
in Section III.C.2, the agencies also proposed in their September 2015 
proposal to eliminate item 5.b.(1) of Schedule RC-Q for nontrading 
securities accounted for under a fair value option and add a new item 
to Schedule RC-Q to capture data on ``Held-to-maturity securities'' to 
which a fair value option is applied.
    In addition, at present, institutions that have elected to measure 
loans (not held for trading) at fair value under a fair value option 
are required to report the fair value and unpaid principal balance of 
such loans in Memorandum items 10 and 11 of Schedule RC-C, Part I, 
Loans and Leases. Because Schedule RC-C, Part I, must be completed by 
all institutions, Memorandum items 10 and 11 also must be completed by 
all institutions although only a nominal number of institutions with 
less than $500 million in assets have disclosed reportable amounts for 
any of the categories of fair value option loans reported in the 
subitems of these two Memorandum items. Accordingly, to mitigate some 
of the reporting burden associated with Schedule RC-C, Part I, the 
agencies proposed to move Memorandum items 10 and 11 on the fair value 
and unpaid principal balance of fair value option loans from Schedule 
RC-C, Part I, to Schedule RC-Q and to designate them as Memorandum 
items 3 and 4.
    The agencies received comments from two bankers' associations 
seeking further clarification of the proposed reporting of held-to-
maturity securities, available-for-sale securities, and securities for 
which a trading measurement classification has been elected in Schedule 
RC-Q. As stated above in Section III.C.2, the agencies reconsidered, 
and decided not to implement, the proposed instructional revision that 
would no longer have required an institution to classify fair value 
option securities as trading securities. Based on this decision, the 
agencies also will not implement the proposed elimination of the 
existing Schedule RC-Q item for nontrading securities accounted for 
under a fair value option and their proposed addition to the schedule 
of a new item for held-to-maturity securities.
    The agencies received no comments on the proposal to move the 
Memorandum items in Schedule RC-C, Part I, on the fair value and unpaid 
principal balance of fair value option loans to Schedule RC-Q, where 
they would be designated as Memorandum items 3 and 4. Therefore, the 
agencies propose to proceed with this change effective March 31, 2017.
2. Revisions to the Reporting of the Impact on Trading Revenues of 
Changes in Credit and Debit Valuation Adjustments by Institutions With 
Total Assets of $100 Billion or More
    Institutions that reported average trading assets of $2 million or 
more for any quarter of the preceding calendar year must report a 
breakdown of their trading revenue (as reported in Schedule RI, item 
5.c) by underlying risk exposure in Schedule RI, Memorandum items 8.a 
though 8.e. The five types of risk exposure are interest rate, foreign 
exchange, equity security and index, credit, and commodity and other. 
Institutions required to provide this five-way breakdown of their 
trading revenue that have $100 billion or more in total assets must 
also report the ``Impact on trading revenue of changes in the 
creditworthiness of the bank's derivative counterparties on the bank's 
derivative assets'' and the ``Impact on trading revenue of changes in 
the creditworthiness of the bank on the bank's derivative liabilities'' 
in Schedule RI, Memorandum items 8.f and 8.g, respectively. Memorandum 
items 8.f and 8.g were intended to capture the amounts included in 
trading revenue that resulted from calendar year-to-date changes in the 
reporting institution's credit valuation adjustments (CVA) and debit 
valuation adjustments (DVA).
    The agencies have found inconsistent reporting of CVAs and DVAs by 
the institutions completing Memorandum items 8.f and 8.g of Schedule 
RI, which

[[Page 45368]]

affects the analysis of reported trading revenues. For example, some 
institutions report CVAs and DVAs in these two items on a gross basis 
while other institutions report these adjustments on a net (of hedging) 
basis.
    Consistent reporting of the impact on trading revenue from year-to-
date changes in CVAs and DVAs is necessary to ensure the accuracy of 
the data available to examiners for planning and conducting safety and 
soundness examinations of institutions' trading activities and to the 
agencies for their analyses of derivatives and trading activities, and 
changes therein, at the industry and institution level.
    To enhance the quality of the trading revenue information reported 
by the largest institutions in the United States, promote consistency 
across institutions in the reporting of CVAs and DVAs, enable examiners 
to make more informed judgments about institutions' effectiveness in 
managing CVA and DVA risks, and provide a more complete picture of 
reported trading revenue, the agencies proposed in their September 2015 
proposal to replace existing Memorandum items 8.f and 8.g of Schedule 
RI with a tabular set of data items. As proposed by the agencies, 
institutions meeting the criteria for completing Memorandum items 8.f 
and 8.g would begin to separately present their gross CVAs and DVAs 
(Memorandum items 8.f.(1) and 8.g.(1)) and any related CVA and DVA 
hedging results (Memorandum items 8.f.(2) and 8.g.(2)) in the table by 
type of underlying risk exposure (columns A through E). These 
institutions also would report their gross trading revenue by type of 
underlying risk exposure before including positive or negative net CVAs 
and net DVAs in columns A through E of a proposed new Memorandum item 
8.h, ``Gross trading revenue.'' For purposes of this proposed tabular 
set of data items, the September 2015 proposal would have required CVA 
and DVA amounts, as well as their hedges, to be allocated to the type 
of underlying risk exposure (e.g., interest rates, foreign exchange, 
and equity) that gives rise to the CVA and the DVA.
    In proposing that certain institutions with assets of $100 billion 
or more report expanded information on the impact on trading revenues 
of changes in CVAs and DVAs, related hedging results, and gross trading 
revenues, the agencies requested comment on the availability of these 
data by type of underlying risk exposure.
    The agencies received comments on this trading revenue proposal 
from one consulting firm and two bankers' associations. The consulting 
firm welcomed the proposal. The bankers' associations commented that 
the agencies' proposed approach for reporting the impact on trading 
revenues of changes in CVAs and DVAs differs from how many banks 
currently report their CVAs and DVAs. As a result, these banks ``do not 
currently have the capability to calculate this information by type of 
underlying risk exposures.'' The associations stated that building and 
testing the systems and processes necessary to enable banks to report 
the trading revenue information in the manner proposed by the agencies 
would require a delay in the implementation date of not less than one 
year beyond the effective date proposed by the agencies for the initial 
reporting of this information. The associations also requested that the 
agencies provide greater clarity and specificity in the instructions 
for the proposed expansion of trading revenue information by type of 
underlying risk exposure.
    To address the bankers' associations' comments, the agencies have 
revised their proposal to eliminate the reporting by type of underlying 
risk exposure. As revised, institutions required to complete Schedule 
RI, Memorandum items 8.f and 8.g (i.e., institutions that reported 
average trading assets of $2 million or more for any quarter of the 
preceding calendar year and have $100 billion or more in total assets), 
would separately present the year-to-date changes in gross CVAs and 
DVAs in new Memorandum items 8.f.(1) and 8.g.(1), respectively, and any 
related year-to-date CVA and DVA hedging results in Memorandum items 
8.f.(2) and 8.g.(2), respectively. The instructions for these items 
would explain that when CVA and DVA are components in a bilateral 
valuation adjustment calculation for a derivatives counterparty, the 
year-to-date change in the gross CVA component and the gross DVA 
component for that counterparty should be reported in items 8.f.(1) and 
8.g.(1), respectively.
    Institutions required to complete Memorandum items 8.f and 8.g also 
would report as ``Gross trading revenue'' in new Memorandum item 8.h 
the year-to-date results of their trading activities before the impact 
of any year-to-date changes in valuation adjustments, including, but 
not limited to, CVA and DVA. The amount reported as gross trading 
revenue in Memorandum item 8.h plus or minus all year-to-date changes 
in valuation adjustments should equal Schedule RI, item 5.c, ``Trading 
revenue.''
    The agencies propose to implement Memorandum items 8.f and 8.g and 
new Memorandum item 8.h of Schedule RI, as revised in response to 
comments received, in the Call Report for March 31, 2017.
3. Dually Payable Deposits in Foreign Branches of U.S. Banks
    Under the Federal Deposit Insurance Act (FDI Act), deposit 
obligations carried on the books and records of foreign branches of 
U.S. banks are not considered deposits, unless the funds are payable 
both in the foreign branch and at an office of the bank in the United 
States (that is, they are dually payable). In September 2013, the FDIC 
issued a final rule amending its deposit insurance regulations to 
clarify that deposits carried on the books and records of a foreign 
branch of a U.S. bank are not insured deposits even if they are made 
payable both at that branch and at an office of the bank in any state 
of the United States.\26\ In addition, the final rule provides an 
exception for Overseas Military Banking Facilities operated under 
Department of Defense regulations.
---------------------------------------------------------------------------

    \26\ See 78 FR 56583 (September 13, 2013).
---------------------------------------------------------------------------

    The final rule does not affect the ability of a U.S. bank to make a 
foreign deposit dually payable. Should a bank do so, its foreign branch 
deposits would be treated as deposit liabilities under the FDI Act's 
depositor preference regime in the same way as, and on an equal footing 
with, domestic uninsured deposits. In general, ``depositor preference'' 
refers to a resolution distribution regime in which the claims of 
depositors have priority over (that is, are satisfied before) the 
claims of general unsecured creditors. Thus, if deposits held in 
foreign branches of U.S. banks located outside the United States are 
made dually payable, that is, made payable at both the foreign office 
and a branch of the bank located in the United States, the holders of 
such deposits would receive depositor preference in the event of the 
U.S. bank's failure.
    To enable the FDIC to monitor the volume and trend of dually 
payable deposits in the foreign branches of U.S. banks, the agencies 
proposed to add a new Memorandum item 2 to Schedule RC-E, Part II, 
Deposits in Foreign Offices, on the FFIEC 031 Call Report. The FFIEC 
031 is applicable only to banks with foreign offices. The proposed new 
information on the amount of dually payable deposits at foreign 
branches of U.S. banks would enable the FDIC to determine, as required 
by statute, the least costly method of resolving a particular bank if 
it fails and the potential loss to the Deposit Insurance Fund. This 
requires

[[Page 45369]]

the FDIC to plan for the distribution of the proceeds from the 
liquidation of the failed bank's assets, including consideration not 
only of insured deposits, but also other deposit liabilities for 
purposes of depositor preference, such as domestic uninsured deposits 
and dually payable deposits in foreign branches of the particular U.S. 
bank, which take priority over general unsecured liabilities.
    The agencies received no comments on the proposed reporting of 
dually payable deposits at foreign branches of U.S. banks. The 
collection of this data item would be implemented as of September 30, 
2016, but it would be added to the FFIEC 031 Call Report as Memorandum 
item 4 of Schedule RC-O, Other Data for Deposit Insurance and FICO 
Assessments, rather than as Memorandum item 2 of Schedule RC-E, Part 
II.
4. Revisions To Implement the Supplementary Leverage Ratio for Advanced 
Approaches Institutions
    Schedule RC-R, Part I, Regulatory Capital Components and Ratios, 
item 45, applies to the reporting of the supplementary leverage ratio 
(SLR) by advanced approaches institutions.\27\ In the sample Call 
Report forms and the Call Report instruction book for report dates 
before March 31, 2015, the caption for item 45 and the instructions for 
this item both indicated that, effective for report dates on or after 
January 1, 2015, advanced approaches institutions should begin to 
report their SLR in the Call Report as calculated for purposes of 
Schedule A, item 98, of the FFIEC 101, Regulatory Capital Reporting for 
Institutions Subject to the Advanced Capital Adequacy Framework.\28\ 
However, the agencies suspended the collection of Schedule RC-R, Part 
I, item 45, before it took effect March 31, 2015, due to amendments to 
the SLR rule \29\ and the need for updates to the associated SLR data 
collection in the FFIEC 101.
---------------------------------------------------------------------------

    \27\ In general, an advanced approaches institution (i) has 
consolidated total assets (excluding assets held by an insurance 
underwriting subsidiary) on its most recent year-end regulatory 
report equal to $250 billion or more; (ii) has consolidated total 
on-balance sheet foreign exposure on its most recent year-end 
regulatory report equal to $10 billion or more (excluding exposures 
held by an insurance underwriting subsidiary); (iii) is a subsidiary 
of a depository institution that uses the advanced approaches to 
calculate its total risk-weighted assets; (iv) is a subsidiary of a 
bank holding company or savings and loan holding company that uses 
the advanced approaches to calculate its total risk-weighted assets; 
or (v) elects to use the advanced approaches to calculate its total 
risk-weighted assets.
    \28\ OMB control numbers for the FFIEC 101: For the OCC, 1557-
0239; for the Board, 7100-0319; and for the FDIC, 3064-0159.
    \29\ See 79 FR 57725 (September 26, 2014). The amendments to the 
SLR rule took effect January 1, 2015.
---------------------------------------------------------------------------

    In July 2015, the agencies finalized the most recent revisions to 
the SLR rule, which requires all advanced approaches institutions to 
disclose three items: The numerator of the SLR (Tier 1 capital, which 
is already reported in Call Report Schedule RC-R), the denominator of 
the SLR (total leverage exposure), and the ratio itself.\30\ As part of 
the proposed revisions to the FFIEC 101, the SLR section of the FFIEC 
101 will apply only to top-tier advanced approaches institutions 
(generally, bank and savings and loan holding companies), and not to 
their subsidiary depository institutions.\31\ Therefore, lower tier 
advanced approaches depository institutions generally will not report 
SLR data in the FFIEC 101, but will need to do so in the Call Report, 
which would satisfy the SLR disclosure requirement in the revised SLR 
rule.\32\
---------------------------------------------------------------------------

    \30\ See 80 FR 41409 (July 15, 2015). The disclosure requirement 
is set forth in the agencies' regulatory capital rules (12 CFR 3.172 
(OCC); 12 CFR 217.172 (Board), and 12 CFR 324.172 (FDIC)).
    \31\ See 81 FR 22702 (April 18, 2016) as corrected in 81 FR 
24940 (April 27, 2016).
    \32\ Because certain depository institutions are exempt from 
filing the FFIEC 101, but must still report their SLR numerator, 
denominator, and ratio, the agencies proposed the depository 
institution-level collection of SLR data in the Call Report rather 
than in the FFIEC 101.
---------------------------------------------------------------------------

    Thus, the agencies proposed to add a new item 45.a to Schedule RC-
R, Part I, in which an advanced approaches depository institution 
(regardless of parallel run status) would report total leverage 
exposure as calculated under the agencies' SLR rule.
    The agencies also proposed to renumber current item 45 of Schedule 
RC-R, Part I, as item 45.b, to collect an institution's SLR. The ratio 
to be reported in item 45.b would equal Tier 1 capital reported on 
Schedule RC-R, Part I, item 26, divided by total leverage exposure 
reported in proposed item 45.a. Renumbered item 45.b would no longer 
reference the FFIEC 101 because lower tier depository institutions 
would no longer be calculating or reporting their SLRs in the FFIEC 
101.
    The agencies received one comment from a consulting firm that 
welcomed the reinstatement of SLR information in the Call Report. The 
reporting of SLR information in items 45.a and 45.b of Call Report 
Schedule RC-R would take effect September 30, 2016.

IV. Summary of the Effective Dates for the Proposed Revisions

    The list below summarizes the effective dates for each of the Call 
Report changes included in the agencies' September 2015 proposal (and 
an additional instructional revision proposed by a banking 
organization) as discussed above in the preceding section of this 
notice.
    The following proposed Call Report revisions would take effect 
September 30, 2016:
     Deletions of certain existing data items pertaining to 
troubled debt restructurings from Schedules RC-C, Part I, and RC-N; 
loans covered by FDIC loss-sharing agreements from Schedules RC-M and 
RC-N; and unused commitments to asset-backed commercial paper conduits 
with an original maturity of one year or less in Schedule RC-R, Part 
II;
     Increases in existing reporting thresholds for certain 
data items in Schedules RI-E, RC-D, RC-F, RC-G, and RC-Q and the 
establishment of a reporting threshold for certain data items in 
Schedule RC-S;
     An instructional revision addressing the reporting of the 
custodial bank deduction in Schedule RC-O;
     New and revised data items and information of general 
applicability, including:
    [cir] Adding contact information for the reporting institution's 
Chief Executive Officer;
    [cir] Reporting the Legal Entity Identifier for the reporting 
institution (on the Call Report cover page) if the institution already 
has one;
    [cir] Creating additional preprinted captions for itemizing and 
describing components of certain items that exceed reporting thresholds 
in Schedules RC-F and RI-E; and
    [cir] Eliminating the concept of extraordinary items and revising 
affected data items in Schedules RI and RI-E; and
     New and revised data items of limited applicability, 
including:
    [cir] Adding a new item on ``dually payable'' deposits in foreign 
branches of U.S. banks to Schedule RC-O on the FFIEC 031 report; and
    [cir] Revising the information reported about the supplementary 
leverage ratio by advanced approaches institutions in Schedule RC-R, 
Part I.
    The following proposed Call Report revisions would take effect 
March 31, 2017:
     Deletions of certain existing data items pertaining to 
other-than-temporary impairments from Schedule RI;

[[Page 45370]]

     An instructional revision addressing the reporting of net 
gains (losses) and other-than-temporary impairments on equity 
securities that do not have readily determinable fair values on the 
Call Report income statement;
     New and revised data items of general applicability, 
including:
    [cir] Increasing the time deposit size threshold used to report 
certain deposit information from $100,000 to $250,000 in Schedules RC-
E, RI, and RC-K;
    [cir] Revising the statements used to describe the level of 
external auditing work performed for the reporting institution during 
the preceding year in Schedule RC; and
     New and revised data items of limited applicability, 
including:
    [cir] Moving the existing Memorandum items for the fair value and 
unpaid principal balance of loans (not held for trading) measured under 
a fair value option from Schedule RC-C, Part I, to Schedule RC-Q; and
    [cir] Revising the information reported in Schedule RI by certain 
institutions with total assets of $100 billion or more on the impact on 
trading revenues of changes in credit and debit valuation adjustments 
and adding a new item for gross trading revenue.
    The agencies are not proceeding with the following elements of the 
September 2015 proposal:
     Proposed instructional clarifications addressing the 
reporting of securities for which a fair value option is elected for 
measurement purposes on the Call Report balance sheet and the reporting 
of home equity lines of credit that convert from revolving to non-
revolving status in Schedule RC-C, Part I, and certain other schedules; 
and
     Revisions to the reporting of certain securities measured 
under a fair value option in Schedule RC-Q.
    For the September 30, 2016, and March 31, 2017, report dates, as 
applicable, institutions may provide reasonable estimates for any new 
or revised Call Report data item initially required to be reported as 
of that date for which the requested information is not readily 
available. The specific wording of the captions for the new or revised 
Call Report data items discussed in this notice and the numbering of 
these data items should be regarded as preliminary.

V. Request for Comment

    Public comment is requested on all aspects of this joint notice. 
Comments are invited on:
    (a) Whether the proposed revisions to the collections of 
information that are the subject of this notice are necessary for the 
proper performance of the agencies' functions, including whether the 
information has practical utility;
    (b) The accuracy of the agencies' estimates of the burden of the 
information collections as they are proposed to be revised, including 
the validity of the methodology and assumptions used;
    (c) Ways to enhance the quality, utility, and clarity of the 
information to be collected;
    (d) Ways to minimize the burden of information collections on 
respondents, including through the use of automated collection 
techniques or other forms of information technology; and
    (e) Estimates of capital or start up costs and costs of operation, 
maintenance, and purchase of services to provide information.
    Comments submitted in response to this joint notice will be shared 
among the agencies. All comments will become a matter of public record.

    Dated: July 7, 2016.
Karen Solomon,
Deputy Chief Counsel, Office of the Comptroller of the Currency.

    Dated: July 1, 2016.
Robert deV. Frierson,
Secretary of the Board, Board of Governors of the Federal Reserve 
System.

    Dated at Washington, DC, this 5th day of July 2016.
Robert E. Feldman,
Executive Secretary, Federal Deposit Insurance Corporation.
[FR Doc. 2016-16533 Filed 7-12-16; 8:45 am]
 BILLING CODE 4810-33-P; 6210-01-P; 6714-01-P



                                                                               Federal Register / Vol. 81, No. 134 / Wednesday, July 13, 2016 / Notices                                           45357

                                                  OMB approved it. Accordingly, the                        System (Board); and Federal Deposit                   20219. In addition, comments may be
                                                  Agencies stated in the Policy Statement                  Insurance Corporation (FDIC).                         sent by fax to (571) 465–4326.
                                                  that they would announce the effective                   ACTION: Notice of information                            You may personally inspect and
                                                  date of the information collection                       collections to be submitted to Office of              photocopy comments at the OCC, 400
                                                  following OMB’s approval. The                            Management and Budget (OMB) for                       7th Street SW., Washington, DC 20219.
                                                  Agencies are pleased to announce that                    review and approval under the                         For security reasons, the OCC requires
                                                  on February 18, 2016, OMB approved                       Paperwork Reduction Act of 1995                       that visitors make an appointment to
                                                  the collection of information for OCC,                   (PRA).                                                inspect comments. You may do so by
                                                  the Board, FDIC, CFPB, and SEC and                                                                             calling (202) 649–6700 or, for persons
                                                  approved NCUA’s on March 11, 2016;                       SUMMARY:   In accordance with the                     who are deaf or hard of hearing, TTY,
                                                  thereby making these collections                         requirements of the PRA (44 U.S.C.                    (202) 649–5597. Upon arrival, visitors
                                                  effective the date of OMB approval. The                  chapter 35), the OCC, the Board, and the              will be required to present valid
                                                  OMB-assigned control numbers for the                     FDIC (the ‘‘agencies’’) may not conduct               government-issued photo identification
                                                  collection of information are as follows:                or sponsor, and the respondent is not                 and submit to security screening in
                                                  OCC—1557–0334; Board—7100–0368;                          required to respond to, an information                order to inspect and photocopy
                                                  FDIC—3064–0200; CFPB—3170–0060;                          collection unless it displays a currently             comments.
                                                  SEC—3235–0740; and NCUA—3133–                            valid OMB control number. On                             All comments received, including
                                                  0193.                                                    September 18, 2015, the agencies, under               attachments and other supporting
                                                                                                           the auspices of the Federal Financial                 materials, are part of the public record
                                                    Dated: June 28, 2016.
                                                                                                           Institutions Examination Council                      and subject to public disclosure. Do not
                                                  Karen Solomon,
                                                                                                           (FFIEC), requested public comment for                 include any information in your
                                                  Deputy Chief Counsel, Office of the                      60 days on a proposal for the revision                comment or supporting materials that
                                                  Comptroller of the Currency.                             and extension of the Consolidated                     you consider confidential or
                                                    By order of the Board of Governors of the              Reports of Condition and Income (Call                 inappropriate for public disclosure.
                                                  Federal Reserve System, June 28, 2016.                   Report), which are currently approved                    Board: You may submit comments,
                                                  Robert deV. Frierson,                                    collections of information. The proposal              which should refer to ‘‘FFIEC 031 and
                                                  Secretary of the Board.                                  included deletions of certain existing                FFIEC 041,’’ by any of the following
                                                                                                           data items, revisions of certain reporting            methods:
                                                  Federal Deposit Insurance Corporation.                   thresholds and certain existing data                     • Agency Web site: http://
                                                    Dated at Washington, DC, this 17th day of              items, the addition of certain new data               www.federalreserve.gov. Follow the
                                                  June, 2016.                                              items, and certain instructional                      instructions for submitting comments at:
                                                  Valerie J. Best,                                         revisions. As described in the                        http://www.federalreserve.gov/
                                                  Assistant Executive Secretary.                           SUPPLEMENTARY INFORMATION section                     generalinfo/foia/ProposedRegs.cfm.
                                                    Dated: July 6, 2016.
                                                                                                           below, after considering the comments                    • Federal eRulemaking Portal: http://
                                                                                                           received on the proposal, the FFIEC and               www.regulations.gov. Follow the
                                                  Richard Cordray,                                         the agencies will proceed with most of                instructions for submitting comments.
                                                  Director, Bureau of Consumer Financial                   the reporting revisions proposed in
                                                  Protection.                                                                                                       • Email: regs.comments@
                                                                                                           September 2015, with some                             federalreserve.gov. Include the reporting
                                                    Dated: June 21, 2016.                                  modifications, and the FFIEC and the                  form numbers in the subject line of the
                                                  Brent J. Fields,                                         agencies are not proceeding with certain              message.
                                                  Secretary, Securities and Exchange                       elements of the proposal. An additional                  • Fax: (202) 452–3819 or (202) 452–
                                                  Commission.                                              revision to the instructions proposed by              3102.
                                                                                                           a commenter also would be                                • Mail: Robert DeV. Frierson,
                                                    By the National Credit Union                           implemented. These proposed reporting
                                                  Administration Board on June 22, 2016.
                                                                                                                                                                 Secretary, Board of Governors of the
                                                                                                           changes would take effect as of the                   Federal Reserve System, 20th Street and
                                                  Gerard Poliquin,                                         September 30, 2016, or the March 31,                  Constitution Avenue NW., Washington,
                                                  Secretary of the Board.                                  2017, report date, depending on the                   DC 20551.
                                                  [FR Doc. 2016–16459 Filed 7–12–16; 8:45 am]              nature of the proposed reporting change.                 All public comments are available
                                                  BILLING CODE 4810–33–6210–01–6741–01–4810–AM–            DATES: Comments must be submitted on                  from the Board’s Web site at
                                                  8010–01–7535–01–P                                        or before August 12, 2016.                            www.federalreserve.gov/generalinfo/
                                                                                                           ADDRESSES: Interested parties are                     foia/ProposedRegs.cfm as submitted,
                                                  DEPARTMENT OF THE TREASURY                               invited to submit written comments to                 unless modified for technical reasons.
                                                                                                           any or all of the agencies. All comments,             Accordingly, your comments will not be
                                                  Office of the Comptroller of the                         which should refer to the OMB control                 edited to remove any identifying or
                                                  Currency                                                 number(s), will be shared among the                   contact information. Public comments
                                                                                                           agencies.                                             may also be viewed electronically or in
                                                  FEDERAL RESERVE SYSTEM                                      OCC: Because paper mail in the                     paper in Room MP–500 of the Board’s
                                                                                                           Washington, DC area and at the OCC is                 Martin Building (20th and C Streets
                                                  FEDERAL DEPOSIT INSURANCE                                subject to delay, commenters are                      NW.) between 9:00 a.m. and 5:00 p.m.
                                                  CORPORATION                                              encouraged to submit comments by                      on weekdays.
                                                                                                           email, if possible, to prainfo@                          FDIC: You may submit comments,
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  Agency Information Collection                            occ.treas.gov. Alternatively, comments                which should refer to ‘‘FFIEC 031 and
                                                  Activities: Submission for OMB                           may be sent to: Legislative and                       FFIEC 041,’’ by any of the following
                                                  Review; Joint Comment Request                            Regulatory Activities Division, Office of             methods:
                                                                                                           the Comptroller of the Currency,                         • Agency Web site: http://
                                                  AGENCY: Office of the Comptroller of the                 Attention ‘‘1557–0081, FFIEC 031 and                  www.fdic.gov/regulations/laws/federal/.
                                                  Currency (OCC), Treasury; Board of                       041,’’ 400 7th Street SW., Suite 3E–218,              Follow the instructions for submitting
                                                  Governors of the Federal Reserve                         Mail Stop 9W–11, Washington, DC                       comments on the FDIC’s Web site.


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                                                  45358                        Federal Register / Vol. 81, No. 134 / Wednesday, July 13, 2016 / Notices

                                                     • Federal eRulemaking Portal: http://                   Report Title: Consolidated Reports of               these information collections are not
                                                  www.regulations.gov. Follow the                          Condition and Income (Call Report).                   given confidential treatment.
                                                  instructions for submitting comments.                      Form Number: FFIEC 031 (for banks
                                                     • Email: comments@FDIC.gov.                                                                                 Abstract
                                                                                                           and savings associations with domestic
                                                  Include ‘‘FFIEC 031 and FFIEC 041’’ in                   and foreign offices) and FFIEC 041 (for                  Institutions submit Call Report data to
                                                  the subject line of the message.                         banks and savings associations with                   the agencies each quarter for the
                                                     • Mail: Manuel E. Cabeza, Counsel,                    domestic offices only).                               agencies’ use in monitoring the
                                                  Attn: Comments, Room MB–3105,                              Frequency of Response: Quarterly.                   condition, performance, and risk profile
                                                  Federal Deposit Insurance Corporation,                     Affected Public: Business or other for-             of individual institutions and the
                                                  550 17th Street NW., Washington, DC                      profit.                                               industry as a whole. Call Report data
                                                  20429.                                                                                                         serve a regulatory or public policy
                                                     • Hand Delivery: Comments may be                      OCC                                                   purpose by assisting the agencies in
                                                  hand delivered to the guard station at                     OMB Control No.: 1557–0081.                         fulfilling their missions of ensuring the
                                                  the rear of the 550 17th Street Building                   Estimated Number of Respondents:                    safety and soundness of financial
                                                  (located on F Street) on business days                   1,412 national banks and federal savings              institutions and the financial system
                                                  between 7:00 a.m. and 5:00 p.m.                          associations.                                         and the protection of consumer
                                                     Public Inspection: All comments                         Estimated Average Burden per                        financial rights, as well as agency-
                                                  received will be posted without change                   Response: 59.36 burden hours per                      specific missions affecting national and
                                                  to http://www.fdic.gov/regulations/laws/                 quarter to file.                                      state-chartered institutions, e.g.,
                                                  federal/ including any personal                            Estimated Total Annual Burden:                      monetary policy, financial stability, and
                                                  information provided. Paper copies of                    335,265 burden hours to file.                         deposit insurance. Call Reports are the
                                                  public comments may be requested from                                                                          source of the most current statistical
                                                  the FDIC Public Information Center by                    Board                                                 data available for identifying areas of
                                                  telephone at (877) 275–3342 or (703)                       OMB Control No.: 7100–0036.                         focus for on-site and off-site
                                                  562–2200.                                                  Estimated Number of Respondents:                    examinations. The agencies use Call
                                                     Additionally, commenters may send a                   839 state member banks.                               Report data in evaluating institutions’
                                                  copy of their comments to the OMB                          Estimated Average Burden per                        corporate applications, including, in
                                                  desk officer for the agencies by mail to                 Response: 59.89 burden hours per                      particular, interstate merger and
                                                  the Office of Information and Regulatory                 quarter to file.                                      acquisition applications for which, as
                                                  Affairs, U.S. Office of Management and                     Estimated Total Annual Burden:                      required by law, the agencies must
                                                  Budget, New Executive Office Building,                   200,991 burden hours to file.                         determine whether the resulting
                                                  Room 10235, 725 17th Street NW.,                                                                               institution would control more than ten
                                                  Washington, DC 20503; by fax to (202)                    FDIC
                                                                                                                                                                 percent of the total amount of deposits
                                                  395–6974; or by email to oira_                             OMB Control No.: 3064–0052.                         of insured depository institutions in the
                                                  submission@omb.eop.gov.                                    Estimated Number of Respondents:                    United States. Call Report data also are
                                                  FOR FURTHER INFORMATION CONTACT: For                     3,891 insured state nonmember banks                   used to calculate institutions’ deposit
                                                  further information about the proposed                   and state savings associations.                       insurance and Financing Corporation
                                                  revisions to the Call Report discussed in                  Estimated Average Burden per                        assessments and national banks’ and
                                                  this notice, please contact any of the                   Response: 44.55 burden hours per                      federal savings associations’ semiannual
                                                  agency staff whose names appear below.                   quarter to file.                                      assessment fees.
                                                  In addition, copies of the Call Report                     Estimated Total Annual Burden:
                                                  forms can be obtained at the FFIEC’s                     693,376 burden hours to file.                         Current Actions
                                                  Web site (http://www.ffiec.gov/ffiec_                      The estimated burden per response                   I. Introduction
                                                  report_forms.htm).                                       for the quarterly filings of the Call                    On September 18, 2015, the agencies
                                                     OCC: Kevin Korzeniewski, Senior                       Report is an average that varies by                   requested comment on various proposed
                                                  Attorney, (202) 649–5490, or for persons                 agency because of differences in the                  revisions to the Call Report
                                                  who are deaf or hard of hearing, TTY,                    composition of the institutions under                 requirements (September 2015
                                                  (202) 649–5597, Legislative and                          each agency’s supervision (e.g., size                 proposal).1 These proposed revisions
                                                  Regulatory Activities Division, Office of                distribution of institutions, types of                included a number of burden-reducing
                                                  the Comptroller of the Currency, 400 7th                 activities in which they are engaged,                 changes and certain other Call Report
                                                  Street SW., Washington, DC 20219.                        and existence of foreign offices). The
                                                     Board: Nuha Elmaghrabi, Federal                                                                             revisions identified during the agencies’
                                                                                                           average reporting burden for the filing of            most recently completed statutorily
                                                  Reserve Board Clearance Officer, (202)                   the Call Report as it is proposed to be
                                                  452–3829, Office of the Chief Data                                                                             mandated review of the information
                                                                                                           revised is estimated to range from 20 to              collected in the Call Report.2 The
                                                  Officer, Board of Governors of the                       775 hours per quarter, depending on an
                                                  Federal Reserve System, 20th and C                                                                             agencies’ proposal also incorporated
                                                                                                           individual institution’s circumstances.               certain additional burden-reducing Call
                                                  Streets NW., Washington, DC 20551.                         Type of Review: Revision and
                                                  Telecommunications Device for the Deaf                                                                         Report changes identified after the
                                                                                                           extension of currently approved                       completion of the statutory review.
                                                  (TDD) users may call (202) 263–4869.                     collections.
                                                     FDIC: Manuel E. Cabeza, Counsel,                                                                            Furthermore, the proposal included
                                                  (202) 898–3767, Legal Division, Federal                  General Description of Reports                        several new and revised Call Report
                                                  Deposit Insurance Corporation, 550 17th                    These information collections are                   data items, some of which would have
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  Street NW., Washington, DC 20429.                        mandatory: 12 U.S.C. 161 (for national                a limited impact on community
                                                                                                           banks), 12 U.S.C. 324 (for state member               institutions. Certain instructional
                                                  SUPPLEMENTARY INFORMATION: The
                                                                                                           banks), 12 U.S.C. 1817 (for insured state             clarifications also were contained in the
                                                  agencies are proposing to revise and
                                                  extend for three years the Call Report,                  nonmember commercial and savings                        1 See80 FR 56539 (September 18, 2015).
                                                  which is currently an approved                           banks), and 12 U.S.C. 1464 (for federal                 2 Thisreview is mandated by section 604 of the
                                                  collection of information for each                       and state savings associations). At                   Financial Services Regulatory Relief Act of 2006
                                                  agency.                                                  present, except for selected data items,              (12 U.S.C. 1817(a)(11)).



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                                                                                Federal Register / Vol. 81, No. 134 / Wednesday, July 13, 2016 / Notices                                                   45359

                                                  proposal. The comment period for the                     aspects of institutions’ Call Report                  2015.6 In this regard, the annual report
                                                  proposal ended on November 17, 2015.                     preparation process that are significant              notes that the FFIEC’s Task Force on
                                                     As originally proposed in September                   sources of reporting burden, including                Reports (TFOR) ‘‘reported to the Council
                                                  2015, the Call Report revisions were                     where manual intervention by an                       in December 2015 on options for
                                                  targeted for implementation in                           institution’s staff is necessary to report            proceeding with a less burdensome Call
                                                  December 2015 or March 2016,                             particular information.                               Report for eligible institutions and other
                                                  depending on the nature of the                             • Offering periodic training to                     Call Report streamlining methods. The
                                                  proposed revision. Based on comments                     bankers via teleconferences and                       additional feedback about sources of
                                                  received on the proposal and other                       webinars that would explain upcoming                  Call Report burden and these options
                                                  factors, the FFIEC announced on                          reporting changes and could also                      from the TFOR’s community banker
                                                  December 3, 2015, that the effective date                provide guidance on areas of the Call                 outreach activities in February 2016 will
                                                  of those Call Report revisions with a                    Report bankers find challenging to                    help inform a subsequent TFOR
                                                  proposed effective date of December 31,                  complete.                                             recommendation to the Council
                                                  2015, had been deferred until no earlier                                                                       regarding a streamlining proposal for
                                                  than March 31, 2016.3 On January 8,                      II. Comments Received on the                          eligible small institutions that can be
                                                  2016, the agencies notified reporting                    September 2015 Proposal                               issued for industry comment in 2016.’’
                                                  institutions that the effective date for all                The agencies collectively received                 Thus, the agencies anticipate that they
                                                  of the proposed Call Report changes had                  comments on the September 2015                        will publish a proposal later this year
                                                  been deferred until no earlier than                      proposal from 13 entities: Seven                      that will extend the burden-reducing
                                                  September 30, 2016.4                                     banking organizations, four bankers’                  changes to the Call Report beyond those
                                                     General comments on the September                     associations, and two consulting firms.               included in the September 2015
                                                  2015 notice are summarized in Section                    Comments on the specific Call Report                  proposal and discussed in this notice.
                                                  II below. Section III of this notice                     revisions in that proposal are discussed                 Two bankers’ associations presented
                                                  discusses each proposed revision, the                    in Section III below. In addition, two                some additional recommendations to
                                                  related comments received (if any), the                  banking organizations commented about                 the FFIEC and the agencies in their
                                                  disposition of these comments, and the                   the burden imposed on them by the Call                comments on the September 2015
                                                  agencies’ decision on each proposed                      Report. Furthermore, all four bankers’                proposal. These recommendations
                                                  revision.5 The effective dates for the                   associations and one consulting firm                  included establishing ‘‘an industry
                                                  Call Report revisions the agencies are                   specifically addressed the community                  advisory committee to provide the
                                                  proposing to implement are summarized                    bank Call Report burden-reduction                     FFIEC with advice and guidance on
                                                  in Section IV.                                           initiative described in the September                 issues related to FFIEC reports.’’ As one
                                                     The agencies’ September 2015                          2015 proposal, expressing support for                 of the actions under the burden-
                                                  proposal also described the formal                       this initiative and encouraging the                   reduction initiative, the FFIEC and the
                                                  initiative the FFIEC launched in                         FFIEC and the agencies to pursue the                  agencies have committed to pursue
                                                  December 2014 to identify potential                      development of a small bank Call                      industry dialogue regarding Call Report
                                                  opportunities to reduce burden                           Report. One other banking organization                matters such as activities enabling the
                                                  associated with Call Report                              provided its recommendation for                       agencies to better understand the
                                                  requirements for community banks. The                    reducing the information collected in                 burdensome aspects of the Call Report.
                                                  FFIEC’s initiative, which responds to                    the Call Report, but did not refer to the             This is evidenced by community banker
                                                  industry concerns about the cost and                     burden-reduction initiative.                          outreach activities with small groups of
                                                  burden arising from the Call Report,                        For example, one bankers’ association              community bankers that were organized
                                                  comprises actions by the FFIEC and the                                                                         by two bankers’ associations and
                                                                                                           described the FFIEC’s formal initiative
                                                  agencies in the following five areas:                                                                          conducted via conference call meetings
                                                                                                           as ‘‘the right answer’’ for addressing the
                                                     • The publication of the September                                                                          in February 2016. The FFIEC and the
                                                                                                           increased regulatory burden of the Call
                                                  2015 Call Report proposal, which                                                                               agencies believe their existing dialogue
                                                                                                           Report and commended the FFIEC for
                                                  requested comment on a number of                                                                               with the industry, in addition to the
                                                                                                           its consideration of a less burdensome
                                                  proposed burden-reducing changes and                                                                           opportunity for public participation in
                                                                                                           Call Report for community banks.
                                                  certain other proposed Call Report                                                                             the Call Report revision process, allows
                                                                                                           Another bankers’ association welcomed
                                                  revisions.                                                                                                     ample avenues to provide input
                                                                                                           the agencies’ Call Report streamlining
                                                     • The acceleration of the start of the                                                                      concerning revisions to FFIEC reports.
                                                                                                           efforts and sought prompt                                The two associations also
                                                  agencies’ next statutorily mandated                      implementation of measures to reduce
                                                  review of the existing Call Report data                                                                        recommended that the FFIEC ‘‘work to
                                                                                                           regulatory burden. The two other                      ensure other required regulatory
                                                  items, which otherwise would have                        bankers’ associations commented
                                                  commenced in 2017.                                                                                             reporting forms are updated
                                                                                                           favorably on the FFIEC’s recognition of               simultaneously,’’ which they further
                                                     • Consideration of the feasibility and                the reporting burden imposed by the
                                                  merits of creating a less burdensome                                                                           described as ensuring consistency
                                                                                                           Call Report and encouraged the FFIEC                  between definitions and reporting
                                                  version of the quarterly Call Report for                 to create a less burdensome Call Report
                                                  institutions that meet certain criteria.                                                                       treatments used in the Call Report and
                                                                                                           for smaller institutions. They also                   in other regulatory reports that
                                                     • Obtaining, through industry                         recommended that the Call Report could
                                                  dialogue, a better understanding of the                                                                        institutions file.7 The agencies will seek
                                                                                                           be streamlined for smaller institutions               to be more conscious of relationships
                                                                                                           because they typically do not engage in               between the Call Report requirements
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                     3 See Financial Institution Letter (FIL) 57–2015,

                                                  December 3, 2015, at https://www.fdic.gov/news/
                                                                                                           many of the activities about which data               and other FFIEC regulatory reports,
                                                  news/financial/2015/fil15057.html.                       must be reported in the Call Report.
                                                     4 See FIL–2–2016, January 8, 2016, at https://           The FFIEC’s 2015 Annual Report                        6 FFIEC 2015 Annual Report, pages 16–18 (http://
                                                  www.fdic.gov/news/news/financial/2016/                   describes the status of the actions being             www.ffiec.gov/PDF/annrpt15.pdf).
                                                  fil16002.html.                                           undertaken in the five areas within the                  7 As an example, the associations cited an
                                                     5 Section III.C.4 addresses an instructional                                                                apparent inconsistency between the definition of
                                                  revision proposed by a banking organization that
                                                                                                           community bank Call Report burden-                    ‘‘domicile’’ in the Call Report and certain other
                                                  was not included in the September 2015 proposal.         reduction initiative as of year-end                   regulatory reports.



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                                                  45360                        Federal Register / Vol. 81, No. 134 / Wednesday, July 13, 2016 / Notices

                                                  particularly when considering revisions                  restructurings in certain loan categories             up by an institution’s primary federal
                                                  to the data collected in the Call Report.                that are in compliance with their                     regulator (or, if applicable, its state
                                                     Another recommendation from the                       modified terms;                                       supervisor). Additionally, the portion of
                                                  two bankers’ associations was for the                       (3) Schedule RC–N, Past Due and                    OTTI losses that passes through other
                                                  FFIEC and the agencies to allow                          Nonaccrual Loans, Leases, and Other                   comprehensive income and accumulates
                                                  sufficient time for institutions to                      Assets: Memorandum items 1.f.(2),                     in other comprehensive income is
                                                  implement any reporting changes. They                    1.f.(5), and 1.f.(6) (and 1.f.(7) on the              excluded from regulatory capital for the
                                                  stated that the proposed effective dates                 FFIEC 031), on troubled debt                          vast majority of institutions.
                                                  in the September 2015 proposal would                     restructurings in certain loan categories                One consulting firm expressed
                                                  not provide sufficient time for                          that are 30 days or more past due or on               concern about the proposed deletion of
                                                  implementing the reporting changes.                      nonaccrual;                                           Memorandum items on troubled debt
                                                  One of the banking organizations                            (4) Schedule RC–M, Memoranda:                      restructurings in certain loan categories
                                                  expressed a similar concern. The two                     Items 13.a.(5)(a) through (d) (and (e) on             in Schedules RC–C, Part I, and RC–N.
                                                  associations urged the FFIEC and the                     the FFIEC 031), on loans in certain loan              This firm stated that this information is
                                                  agencies to implement changes to non-                    categories that are covered by FDIC loss-             important for understanding the specific
                                                  income line items no earlier than a full                 sharing agreements; and                               nature of troubled loans relative to
                                                  quarter after the quarter in which the                      (5) Schedule RC–N: Items 11.e.(1)                  restructured loans and suggested that
                                                  notice requesting OMB approval is                        through (4) (and (5) on the FFIEC 031),               the loan categories being deleted may
                                                  published in the Federal Register. For                   on loans in certain loan categories that              need to be added back to the Call Report
                                                  data on income and quarterly averages,                   are covered by FDIC loss-sharing                      if there is a significant economic
                                                  they suggested that such changes take                    agreements and are 30 days or more past               downturn. The agencies note that each
                                                  effect at the beginning of a reporting                   due or on nonaccrual.                                 of the loan categories proposed for
                                                  year.                                                       In addition, the agencies proposed to              deletion is a subset of the larger loan
                                                     In recognition of the impact of the                   eliminate Schedule RC–R, Part II, Risk-               category ‘‘All other loans,’’ which
                                                  September 2015 proposal on institutions                  Weighted Assets, item 18.b, on unused                 institutions would continue to report.
                                                  from a systems standpoint, the agencies                  commitments to asset-backed                           Furthermore, the amount of troubled
                                                  deferred the effective dates for the                     commercial paper conduits with an
                                                                                                                                                                 debt restructurings in each of these
                                                  reporting changes in that proposal to no                 original maturity of one year or less.
                                                                                                                                                                 subset categories is reported only when
                                                  earlier than September 30, 2016, as                      Because the Schedule RC–R instructions
                                                                                                                                                                 it exceeds 10 percent of the total amount
                                                  mentioned above in Section I. As will be                 state that such commitments should be
                                                                                                                                                                 of troubled debt restructurings in
                                                  discussed below with respect to the                      reported in item 10 as off-balance sheet
                                                                                                                                                                 compliance with their modified terms
                                                  implementation of the specific proposed                  securitization exposures, item 18.b is
                                                                                                                                                                 (Schedule RC–C, Part I) or not in
                                                                                                           not needed. Upon the elimination of
                                                  Call Report changes that are the subject                                                                       compliance with their modified terms
                                                                                                           item 18.b, existing item 18.c of Schedule
                                                  of this notice, the agencies have sought                                                                       (Schedule RC–N), as appropriate. Thus,
                                                                                                           RC–R, Part II, for unused commitments
                                                  to set the effective dates for these                                                                           the total amount of an institution’s
                                                                                                           with an original maturity exceeding one
                                                  changes in a manner consistent with the                                                                        troubled debt restructurings, both those
                                                                                                           year would be renumbered as item 18.b.
                                                  timing suggested by the two bankers’                        The agencies received comments from                in compliance with their modified terms
                                                  associations. To assist institutions in                  two consulting firms and one banking                  and those that are not, would continue
                                                  preparing for the reporting changes in                   organization regarding these proposed                 to be reported.
                                                  this proposal, drafts of the reporting                   deletions. The banking organization                      After considering these comments, all
                                                  instructions for the new and revised                     stated that these revisions would have                of the items proposed for deletion
                                                  Call Report items will be made available                 no impact on its reporting. One                       would be removed from the Call Report
                                                  to institutions on the FFIEC’s Web site                  consulting firm agreed with all of the                effective September 30, 2016, except for
                                                  when this Federal Register notice                        proposed deletions except the one                     the deletion relating to other-than-
                                                  requesting OMB approval is published.                    involving information on other-than-                  temporary impairments, which would
                                                                                                           temporary impairment (OTTI) losses in                 take effect March 31, 2017.
                                                  III. Discussion of Proposed Call Report
                                                  Revisions                                                Schedule RI, Memorandum items 14.a                    B. New Reporting Threshold and
                                                                                                           and 14.b. The firm believes the deletion              Increases in Existing Reporting
                                                  A. Deletions of Existing Data Items                      of the two OTTI items will eliminate                  Thresholds
                                                     Based on the agencies’ review of the                  important information about the                          In five Call Report schedules,
                                                  information that institutions are                        performance of institutions’ securities               institutions are currently required to
                                                  required to report in the Call Report, the               portfolios and how they recognize OTTI.               itemize and describe each component of
                                                  agencies determined that the continued                   While the agencies acknowledge that                   an existing item when the component
                                                  collection of the following items is no                  this proposal would result in the loss of             exceeds both a specified percentage of
                                                  longer necessary and proposed to                         information on the total year-to-date                 the item and a specified dollar amount.9
                                                  eliminate them:                                          amount of OTTI losses and the portion
                                                                                                                                                                 Based on a preliminary evaluation of the
                                                     (1) Schedule RI, Income Statement:                    of these losses recognized in other
                                                                                                                                                                 existing reporting thresholds, the
                                                  Memorandum items 14.a and 14.b, on                       comprehensive income, institutions
                                                                                                                                                                 agencies concluded that the dollar
                                                  other-than-temporary impairments; 8                      would continue to report the portion of
                                                     (2) Schedule RC–C, Part I, Loans and                                                                        portion of the thresholds that currently
                                                                                                           OTTI losses recognized in earnings. It is
                                                  Leases: Memorandum items 1.f.(2),                                                                              apply to these items can be increased to
                                                                                                           this portion of OTTI losses that is of
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                                                  1.f.(5), and 1.f.(6) (and 1.f.(7) on the                 greatest interest and concern to the                     9 The data items for which components in excess
                                                  FFIEC 031), on troubled debt                             agencies. Because some or all of each                 of specified reporting thresholds are required to be
                                                                                                           OTTI loss must be recognized in                       itemized and described are included in Schedule
                                                    8 Institutions would continue to complete                                                                    RI–E, Explanations; Schedule RC–D, Trading Assets
                                                                                                           earnings, when an institution reports a
                                                  Schedule RI, Memorandum item 14.c, on net                                                                      and Liabilities; Schedule RC–F, Other Assets;
                                                  impairment losses recognized in earnings.
                                                                                                           substantial amount of OTTI losses in                  Schedule RC–G, Other Liabilities; and Schedule
                                                  Memorandum item 14.c would be renumbered                 earnings, it is this item that serves as a            RC–Q, Assets and Liabilities Measured at Fair Value
                                                  Memorandum item 14.                                      red flag for further supervisory follow-              on a Recurring Basis.



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                                                                               Federal Register / Vol. 81, No. 134 / Wednesday, July 13, 2016 / Notices                                                     45361

                                                  provide a reduction in reporting burden                  components of ‘‘Other noninterest                      thresholds in Schedule RI–E will
                                                  without a loss of data that would be                     income’’ and ‘‘Other noninterest                       impede their ability to evaluate
                                                  necessary for supervisory or other                       expense’’ in Schedule RI–E is three                    institutions’ earnings.
                                                  public policy purposes. The percentage                   percent.10                                                Another consulting firm questioned
                                                  portion of the existing thresholds would                    Because of the interaction between                  the proposed increase from $25,000 to
                                                  not be changed. Accordingly, the                         the dollar and percentage portions of the              $1,000,000 in the dollar portion of the
                                                  agencies proposed to raise from $25,000                  reporting thresholds on the total amount               threshold for itemizing and describing
                                                  to $100,000 the dollar portion of the                    of an item that is subject to component                components of ‘‘Other trading assets’’
                                                  threshold for itemizing and describing                   itemization and description, the                       and ‘‘Other trading liabilities’’ in
                                                  components of:                                           agencies acknowledge that the proposed                 Schedule RC–D, Memorandum items 9
                                                     (1) Schedule RI–E, item 1, ‘‘Other                    increase in the dollar portion of the                  and 10. In addition to meeting the dollar
                                                  noninterest income;’’                                    reporting threshold from $25,000 to                    portion of the threshold, a component
                                                     (2) Schedule RI–E, item 2, ‘‘Other                    $100,000 may not benefit all                           must exceed 25 percent of the total
                                                  noninterest expense;’’                                   institutions, particularly larger                      amount of ‘‘Other trading assets’’ or
                                                     (3) Schedule RC–F, item 6, ‘‘All other                institutions. While these threshold                    ‘‘Other trading liabilities’’ in order to be
                                                  assets;’’                                                changes may not reduce reporting                       itemized and described in
                                                     (4) Schedule RC–G, item 4, ‘‘All other                burden for all institutions, they will not             Memorandum item 9 or 10, respectively.
                                                  liabilities;’’                                           increase the amount of information to be               The agencies further note that these two
                                                     (5) Schedule RC–Q, Memorandum                         reported by any institution. In addition,              memorandum items are to be completed
                                                  item 1, ‘‘All other assets;’’ and                        as stated in the September 2015
                                                     (6) Schedule RC–Q, Memorandum                                                                                only by institutions that reported
                                                                                                           proposal, the agencies are conducting                  average trading assets of $1 billion or
                                                  item 2, ‘‘All other liabilities.’’                       the statutorily mandated review of the
                                                     The agencies also proposed to raise                                                                          more in any of the four preceding
                                                                                                           existing Call Report data items, which                 calendar quarters. Thus, at $1,000,000,
                                                  from $25,000 to $1,000,000 the dollar                    may result in additional new or
                                                  portion of the threshold for itemizing                                                                          the proposed higher dollar threshold for
                                                                                                           upwardly revised reporting thresholds.                 component itemization and description
                                                  and describing components of ‘‘Other                        One consulting firm supported the
                                                  trading assets’’ and ‘‘Other trading                                                                            in Memorandum items 9 and 10 of
                                                                                                           increase in the dollar portion of the                  Schedule RC–D would represent one
                                                  liabilities’’ in Schedule RC–D,                          reporting threshold for Schedules RC–F,
                                                  Memorandum items 9 and 10.                                                                                      tenth of one percent of the amount of
                                                                                                           RC–G, and RC–Q, but recommended                        average trading assets that an institution
                                                     In addition, because institutions with                retaining the $25,000 threshold for the
                                                  less than $1 billion in total assets                                                                            must have in order to be subject to the
                                                                                                           ‘‘Other noninterest income’’ and ‘‘Other               requirement to report components of its
                                                  typically do not provide support for                     noninterest expense’’ in Schedule RI–E.
                                                  asset-backed commercial paper                                                                                   other trading assets and liabilities that
                                                                                                           The consulting firm commented that, for
                                                  conduits, the agencies proposed to                                                                              exceed the reporting threshold. As a
                                                                                                           smaller banks, information on the
                                                  exempt such institutions from                                                                                   result, the agencies believe that raising
                                                                                                           components of these noninterest items
                                                  completing Schedule RC–S, Servicing,                                                                            the dollar portion of the threshold for
                                                                                                           ‘‘is an important indicator of the activity
                                                  Securitization, and Asset Sale                                                                                  reporting components of Memorandum
                                                                                                           of the bank, its style and management
                                                  Activities, Memorandum items 3.a.(1),                                                                           items 9 and 10 of Schedule RC–D to
                                                                                                           ability’’ and ‘‘provide[s] regulators with
                                                  3.a.(2), 3.b.(1), and 3.b.(2), on credit                                                                        $1,000,000 will continue to provide
                                                                                                           a clearer insight into the activities of a
                                                  enhancements and unused liquidity                                                                               meaningful data while reducing burden
                                                                                                           bank.’’ This firm also observed that the
                                                  commitments provided to asset-backed                                                                            for institutions that must complete these
                                                                                                           component information is or should be
                                                  commercial paper conduits.                                                                                      items.
                                                                                                           captured in institutions’ internal
                                                     The agencies received comments from                   accounting systems. The agencies                          After considering the comments about
                                                  two bankers’ associations, two                           recognize that the proposed increase in                the proposed new and increased
                                                  consulting firms, and two banking                        the dollar portion of the threshold for                reporting thresholds, the agencies
                                                  organizations regarding the proposed                     reporting components of other                          propose to implement these changes
                                                  changes involving reporting thresholds.                  noninterest income and expense will                    effective September 30, 2016.11
                                                  One banking organization supported the                   result in a reduced number of their                    C. Instructional Revisions
                                                  higher thresholds, stating that raising                  components being itemized and
                                                  the thresholds would reduce reporting                    described in Call Report Schedule RI–E,                1. Reporting Home Equity Lines of
                                                  burden, but the other said that this                     particularly by smaller institutions.                  Credit That Convert From Revolving to
                                                  change would not have an impact on its                   However, in carrying out their on- and                 Non-Revolving Status
                                                  reporting. The two bankers’ associations                 off-site supervision of individual                        Institutions report the amount
                                                  expressed support for the targeted                       institutions, the agencies are able to                 outstanding under revolving, open-end
                                                  approach to increasing the reporting                     follow up directly with an individual                  lines of credit secured by 1–4 family
                                                  thresholds, but observed that an                         institution when the level and trend of                residential properties (commonly
                                                  increase from $25,000 to $100,000 for                    noninterest income and expense, and                    known as home equity lines of credit or
                                                  six items would do little to reduce                      other elements of net income (or loss),                HELOCs) in item 1.c.(1) of Schedule
                                                  reporting burden for most institutions.                  that are reflected in its Call Reports raise           RC–C, Part I, Loans and Leases. Closed-
                                                  The associations recommended that the                    questions about the quality of, and the                end loans secured by 1–4 family
                                                  FFIEC consider increasing the                            factors affecting, the institution’s                   residential properties are reported in
                                                  percentage portion of the reporting                      reported earnings. The agencies do not
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                                                                                                                                                                  Schedule RC–C, Part I, item 1.c.(2)(a) or
                                                  threshold from the present three percent                 believe the proposed increase in the
                                                  to five to seven percent of the total                    dollar portion of the reporting                           11 Although the proposed reporting threshold

                                                  amount of an income statement item for                                                                          changes would take effect as of September 30, 2016,
                                                  which components must be itemized                          10 For the other items for which the agencies        institutions may choose, but are not required, to
                                                                                                           proposed an increase in the dollar portion of the      continue using $25,000 as the dollar portion of the
                                                  and described. At present, the                           existing reporting threshold, the percentage portion   threshold for reporting components of the specified
                                                  percentage portion of the reporting                      of the threshold is 25 percent of the total amount     items in the five previously identified schedules
                                                  threshold applicable to reporting                        of the item.                                           rather than the higher dollar thresholds.



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                                                  45362                        Federal Register / Vol. 81, No. 134 / Wednesday, July 13, 2016 / Notices

                                                  (b), depending on whether the loan is a                  adequacy of the largest U.S.-based bank               and Financial Liabilities,’’ but that
                                                  first or a junior lien.12                                holding companies. They also described                language was not codified when
                                                     A HELOC is a line of credit secured                   two situations involving HELOCs for                   Statement No. 159 was superseded by
                                                  by a lien on a 1–4 family residential                    which further guidance would be                       current ASC Topic 825, Financial
                                                  property that generally provides a draw                  needed if the proposed instructional                  Instruments. Accordingly, the agencies
                                                  period followed by a repayment period.                   change were to be implemented and                     proposed to revise the Glossary entry
                                                  During the draw period, a borrower has                   encouraged the agencies to provide                    language quoted above by replacing
                                                  revolving access to unused amounts                       examples with the instructions for                    ‘‘should be classified’’ with ‘‘may be
                                                  under a specified line of credit. During                 reporting HELOCs.                                     classified.’’ The agencies also proposed
                                                  the repayment period, the borrower can                      The banking organization opposed the               to include comparable language in the
                                                  no longer draw on the line of credit, and                proposed instructional clarification for              Glossary entry for ‘‘Securities
                                                  the outstanding principal is either due                  HELOCs and requested that it be                       Activities.’’
                                                  immediately in a balloon payment or is                   withdrawn, citing several difficulties it                The agencies received comments from
                                                  repaid over the remaining loan term                      would encounter in preparing its Call                 two bankers’ associations and one
                                                  through monthly payments. Because the                    Report if the clarification were made.                consulting firm regarding the proposed
                                                  Call Report instructions do not address                  These difficulties include identifying                instructional revision for the
                                                  the reporting treatment for a home                       when a HELOC has begun the                            classification of securities for which the
                                                  equity line of credit when it reaches its                repayment period and the lien position                fair value option is elected. The
                                                  end-of-draw period and converts from                     of a HELOC at that time because the                   consulting firm welcomed the proposal.
                                                  revolving to nonrevolving status, the                    bank’s loan system for HELOCs has not                 The two bankers’ associations stated
                                                  agencies noted in their September 2015                   been set up to generate this information.             that they understood the purpose of the
                                                  proposal that they have found diversity                  The banking organization requested that               proposed instructional revision, but
                                                  in how these credits are reported in                     the agencies provide time for systems                 they requested further clarification of
                                                  Schedule RC–C, Part I.                                   reprogramming if the proposed                         the reporting treatment for ‘‘securities
                                                     To address this absence of                            instructional clarification were to be                for which an institution has elected to
                                                  instructional guidance and promote                       adopted.                                              use the trading measurement
                                                  consistency in reporting, the agencies                      Based on the issues raised in the                  classification,’’ i.e., fair value through
                                                  proposed to clarify the instructions for                 comments received on the proposed                     earnings.
                                                  reporting loans secured by 1–4 family                    HELOC instructional clarification, the                   The agencies have reconsidered this
                                                  residential properties by specifying that                agencies are giving further consideration             proposed instructional revision in light
                                                  after a revolving open-end line of credit                to this proposal, including its effect on             of the comments received, including the
                                                  has converted to non-revolving closed-                   and relationship to other regulatory                  requested further clarification. Based on
                                                  end status, the loan should be reported                  reporting requirements. Accordingly,                  this reconsideration, the agencies have
                                                  as closed-end in Schedule RC–C, Part I,                  the agencies are not proceeding with                  decided not to implement the proposed
                                                  item 1.c.(2)(a) or (b), as appropriate. In               this proposed instructional clarification             instructional revision and to retain the
                                                  their September 2015 proposal, the                       at this time and the existing instructions            existing Call Report instructions
                                                  agencies also requested comment on                       for reporting HELOCs in item 1.c.(1) of               directing institutions to classify
                                                  whether an instructional requirement to                  Schedule RC–C, Part I, will remain in                 securities reported at fair value under a
                                                  recategorize HELOCs as closed-end                        effect. Once the agencies complete their              fair value option as trading securities.
                                                  loans for Call Report purposes would                     consideration of this instructional
                                                                                                                                                                 3. Net Gains (Losses) on Sales of, and
                                                  create difficulties for institutions’ loan               matter and determine whether and how
                                                                                                           the Call Report instructions should be                Other-Than-Temporary Impairments on,
                                                  recordkeeping systems.
                                                     The agencies received comments from                   clarified with respect to the reporting of            Equity Securities That Do Not Have
                                                  two bankers’ associations, one                           revolving open-end lines of credit that               Readily Determinable Fair Values
                                                  consulting firm, and one banking                         have converted to non-revolving closed-                  As noted in the September 2015
                                                  organization regarding the proposed                      end status, any proposed instructional                proposal,13 the Call Report instructions
                                                  instructional clarification for HELOCs.                  clarification will be published in the                for Schedule RI, Income Statement,
                                                  The consulting firm agreed with this                     Federal Register for comment.                         address the reporting of realized gains
                                                  clarification because of the consistency                                                                       (losses), including other-than-temporary
                                                                                                           2. Reporting Treatment for Securities for
                                                  in reporting that it would provide. The                                                                        impairments, on held-to-maturity and
                                                                                                           Which a Fair Value Option Is Elected
                                                  two bankers’ associations stated that                                                                          available-for-sale securities as well as
                                                  they appreciated the proposed                               The Call Report Glossary entry for                 the reporting of realized and unrealized
                                                  clarification, but noted that ‘‘material                 ‘‘Trading Account’’ currently states that             gains (losses) on trading securities and
                                                  definitional changes would require a                     ‘‘all securities within the scope of the              other assets held for trading. However,
                                                  whole recoding of these credits.’’ The                   Financial Accounting Standards Board’s                the Schedule RI instructions do not
                                                  associations observed that the proposed                  (FASB) Accounting Standards                           specifically explain where to report
                                                  clarification would likely have                          Codification (ASC) Topic 320,                         realized gains (losses) on sales or other
                                                  implications for other regulatory                        Investments-Debt and Equity Securities                disposals of, and other-than-temporary
                                                  requirements such as the                                 (formerly FASB Statement No. 115,                     impairments on, equity securities that
                                                  Comprehensive Capital Analysis and                       ‘‘Accounting for Certain Investments in               do not have readily determinable fair
                                                  Review, which evaluates the capital                      Debt and Equity Securities’’), that a                 values and are not held for trading (and
                                                                                                           bank has elected to report at fair value
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  planning processes and capital                                                                                 to which the equity method of
                                                                                                           under a fair value option with changes                accounting does not apply).
                                                     12 Information also is separately reported for        in fair value reported in current                        The instructions for Schedule RI, item
                                                  open-end and closed-end loans secured by 1–4             earnings should be classified as trading              5.k, ‘‘Net gains (losses) on sales of other
                                                  family residential properties in Schedule RI–B, Part     securities.’’ This reporting treatment                assets (excluding securities),’’ direct
                                                  I, Charge-offs and Recoveries on Loans and Leases;
                                                  Memorandum items in Schedule RC–C, Part I;
                                                                                                           was based on language contained in                    institutions to ‘‘[r]eport the amount of
                                                  Schedule RC–D; Schedule RC–M; and Schedule               former FASB Statement No. 159, ‘‘The
                                                  RC–N.                                                    Fair Value Option for Financial Assets                  13 See   80 FR 56543–56544 (September 18, 2015).



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                                                                                 Federal Register / Vol. 81, No. 134 / Wednesday, July 13, 2016 / Notices                                                        45363

                                                  net gains (losses) on sales and other                       Schedule RI, item 5.k. Accordingly, the                Act (Pub. L. 111–203) permanently
                                                  disposals of assets not required to be                      agencies propose to implement these                    increased the standard maximum
                                                  reported elsewhere in the income                            changes effective for reporting purposes               deposit insurance amount (SMDIA)
                                                  statement (Schedule RI).’’ The                              in the first quarter of 2017.                          from $100,000 to $250,000 effective July
                                                  instructions for item 5.k further advise                                                                           21, 2010. The SMDIA had been
                                                                                                              4. Custodial Bank Deduction
                                                  institutions to exclude net gains (losses)                                                                         increased temporarily from $100,000 to
                                                  on sales and other disposals of                                One banking organization that meets                 $250,000 by Section 136 of the
                                                  securities and trading assets. The intent                   the definition of a custodial bank for                 Emergency Economic Stabilization Act
                                                  of this wording was to cover securities                     deposit insurance assessment                           of 2008 (Pub. L. 110–343). In response
                                                  designated as held-to-maturity,                             purposes 14 submitted a comment on the                 to the increase in the limit of deposit
                                                  available-for-sale, and trading securities                  September 2015 proposal in which it                    insurance coverage, the reporting of the
                                                  because there are separate specific items                   proposed a revision to the reporting of                amount of ‘‘Total time deposits of
                                                  elsewhere in Schedule RI for the                            custodial bank data in Schedule RC–O                   $100,000 or more’’ in Memorandum
                                                  reporting of realized gains (losses) on                     that had not been included in that                     item 2.c of Schedule RC–E, Deposit
                                                  such securities (items 6.a, 6.b, and 5.c,                   proposal. The banking organization                     Liabilities, was revised as of the March
                                                  respectively). Thus, the agencies                           recommended that a custodial bank that                 31, 2010, report date. As of that date,
                                                  proposed to revise the instructions for                     reports that its custodial bank deduction              institutions began to separately report
                                                  Schedule RI, item 5.k, by clarifying that                   limit is zero in Schedule RC–O, item                   their ‘‘Total time deposits of $100,000
                                                  the exclusions from this item of net                        11.b, should not need to calculate and                 through $250,000’’ (Memorandum item
                                                  gains (losses) on securities and trading                    report its custodial bank deduction in                 2.c) and their ‘‘Total time deposits of
                                                  assets apply to held-to-maturity,                           Schedule RC–O, item 11.a, because no                   more than $250,000’’ (Memorandum
                                                  available-for-sale, and trading securities                  amount can be deducted. The banking                    item 2.d).
                                                  and other assets held for trading. The                      organization stated that this proposed
                                                  agencies also proposed to add language                                                                                However, the reporting of the
                                                                                                              revision ‘‘would eliminate unnecessary
                                                  to the instructions for Schedule RI, item                                                                          quarterly averages, interest expense, and
                                                                                                              time and effort.’’
                                                  5.k, that explains that net gains (losses)                                                                         maturity and repricing data for time
                                                                                                                 The agencies agree with the banking
                                                  on sales and other disposals of equity                                                                             deposits of $100,000 or more in
                                                                                                              organization’s proposal. Accordingly,
                                                  securities that do not have readily                                                                                Schedules RC–K, RI, and RC–E,
                                                                                                              the agencies will revise the instructions
                                                  determinable fair values and are not                                                                               respectively, have not been updated to
                                                                                                              for Schedule RC–O, item 11.a,
                                                  held for trading (and to which the                                                                                 reflect the permanent $250,000 deposit
                                                                                                              ‘‘Custodial bank deduction,’’ to state
                                                  equity method of accounting does not                                                                               insurance limit. In this regard, in its
                                                                                                              that if a custodial bank’s deduction limit
                                                  apply), as well as other-than-temporary                                                                            comment letter to the agencies in
                                                                                                              as reported in Schedule RC–O, item
                                                  impairments on such securities, should                                                                             response to their first request for
                                                                                                              11.b, is zero, the custodial bank may
                                                  be reported in item 5.k. In addition, the                                                                          comments under the Economic Growth
                                                                                                              leave item 11.a blank rather than
                                                  agencies proposed to remove the                                                                                    and Regulatory Paperwork Reduction
                                                                                                              calculating and reporting the amount of
                                                  parenthetic ‘‘(excluding securities)’’                                                                             Act of 1996,15 the American Bankers
                                                                                                              its deduction. This instructional
                                                  from the caption for item 5.k on the Call                                                                          Association recommended revising the
                                                                                                              revision would take effect September
                                                  Report forms and to add in its place a                                                                             Schedule RC–E deposit reporting items
                                                                                                              30, 2016.
                                                  footnote to this item advising                                                                                     to reflect the new FDIC insurance limit
                                                  institutions to exclude net gains (losses)                  D. New and Revised Data Items and                      of $250,000. Accordingly, the agencies
                                                  on sales of trading assets and held-to-                     Information of General Applicability                   proposed to revise the time deposit size
                                                  maturity and available-for-sale                                                                                    threshold that applies to the reporting of
                                                                                                              1. Increase in the Time Deposit Size
                                                  securities.                                                                                                        this information to bring it into
                                                                                                              Threshold
                                                     The agencies received no comments                                                                               alignment with the SMDIA. These
                                                  on these proposed changes to the                              Section 335 of the Dodd-Frank Wall                   proposed changes are illustrated in the
                                                  instructions and report form caption for                    Street Reform and Consumer Protection                  following table:

                                                                Call report schedule                                           Current item                                      Proposed revised item

                                                  Schedule RC–K, Quarterly Averages .....               Item 11.b, ‘‘Time deposits of $100,000 or more’’          Item 11.b, ‘‘Time deposits of $250,000 or less’’.
                                                                                                        Item 11.c, ‘‘Time deposits of less than $100,000’’        Item 11.c, ‘‘Time deposits of more than
                                                                                                                                                                     $250,000’’.
                                                  Schedule RI, Income Statement 16 .........            Item 2.a.(2)(b), Interest expense on ‘‘Time depos-        Item 2.a.(2)(b), Interest expense on ‘‘Time depos-
                                                                                                           its of $100,000 or more’’.                                its of $250,000 or less’’.
                                                                                                        Item 2.a.(2)(c), Interest expense on ‘‘Time depos-        Item 2.a.(2)(c), Interest expense on ‘‘Time depos-
                                                                                                           its of less than $100,000’’.                              its of more than $250,000’’.
                                                  Schedule RC–E, Deposit Liabilities ........           Memorandum item 3.a, ‘‘Time deposits of less              Memorandum item 3.a, ‘‘Time deposits of
                                                                                                           than $100,000 with a remaining maturity or                $250,000 or less with a remaining maturity or
                                                                                                           next repricing date of’’.                                 next repricing date of’’.
                                                                                                        Memorandum item 3.b, ‘‘Time deposits of less              Memorandum item 3.b, ‘‘Time deposits of
                                                                                                           than $100,000 with a remaining maturity of one            $250,000 or less with a remaining maturity of
                                                                                                           year or less’’.                                           one year or less’’.
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                                                                                                        Memorandum item 4.a, ‘‘Time deposits of                   Memorandum item 4.a, ‘‘Time deposits of more
                                                                                                           $100,000 or more with a remaining maturity or             than $250,000 with a remaining maturity or
                                                                                                           next repricing date of’’.                                 next repricing date of’’.



                                                    14 See   12 CFR 327.5(c)(1).                                 16 The item numbers shown for Schedule RI are       for institutions with domestic and foreign offices,
                                                    15 See   79 FR 32172 (June 4, 2014).                      from the FFIEC 041 report form for institutions with   the item numbers are items 2.a.(1)(b)(2) and
                                                                                                              domestic offices only. On the FFIEC 031 report form    2.a.(1)(b)(3).



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                                                  45364                        Federal Register / Vol. 81, No. 134 / Wednesday, July 13, 2016 / Notices

                                                             Call report schedule                                           Current item                                      Proposed revised item

                                                                                                     Memorandum item 4.b, ‘‘Time deposits of                    Memorandum item 4.b, ‘‘Time deposits of more
                                                                                                      $100,000 through $250,000 with a remaining                 than $250,000 with a remaining maturity of one
                                                                                                      maturity of one year or less’’.                            year or less’’.
                                                                                                     Memorandum item 4.c, ‘‘Time deposits of more
                                                                                                      than $250,000 with a remaining maturity of one
                                                                                                      year or less’’.



                                                     The agencies received comments on                     maturity of one year or less.’’ 18 Current             measure total time deposits within the
                                                  the proposed increase in the time                        Memorandum item 1.d.(3), ‘‘Brokered                    FDIC deposit insurance limit of
                                                  deposit size threshold for the identified                deposits of more than $250,000 with a                  $250,000.
                                                  items in Schedules RI, RC–K, and RC–                     remaining maturity of one year or less,’’                 The proposed changes to Schedules
                                                  E from four banking organizations, one                   would be retained without change.                      RC–K, RI, and RC–E shown in the table
                                                  consulting firm, and two bankers’                           The agencies have also reviewed their               above as well as the proposed
                                                  associations. Three banking                              collection and use of the deposit                      combining of Memorandum items
                                                  organizations and the two bankers’                       information reported in Memorandum                     1.c.(1) and 1.c.(2) and Memorandum
                                                  associations supported the proposed                      item 2.b, ‘‘Total time deposits of less                items 1.d.(1) and 1.d.(2) in Schedule
                                                  increase and further recommended                         than $100,000’’; Memorandum item 2.c,                  RC–E would take effect March 31, 2017.
                                                  adjusting the deposit size threshold                     ‘‘Total time deposits of $100,000
                                                  used for certain other data items in                     through $250,000’’; and Memorandum                     2. Level of External Auditing Work
                                                  Schedule RC–E or combining certain                       item 2.e, ‘‘Individual Retirements                     Performed for the Reporting Institution
                                                  Schedule RC–E deposit items.                             Accounts (IRAs) and Keogh Plan                         During the Preceding Year
                                                  Specifically, the commenters suggested                   accounts of $100,000 or more included                     Each year in the March Call Report,
                                                  addressing the reporting of brokered                     in Memorandum items 2.c and 2.d                        each institution indicates in Schedule
                                                  deposit information in Memorandum                        above.’’ 19 The agencies have                          RC, Balance Sheet, Memorandum item
                                                  items 1.c.(1), 1.c.(2), 1.d.(1), 1.d.(2), and            determined that the information                        1, the most comprehensive level of
                                                  1.d.(3); the reporting of total time                     reported in Memorandum items 2.b and                   auditing work performed by
                                                  deposits in Memorandum items 2.b and                     2.e is necessary for the calculation of the            independent external auditors during
                                                  2.c; and the reporting of Individual                     small-denomination time deposits                       the preceding calendar year for the
                                                  Retirement Accounts (IRAs) and Keogh                     component of the monetary aggregate                    institution or its parent holding
                                                  Plan accounts in Memorandum item 2.e.                    M2. The small-denomination time                        company. In completing Memorandum
                                                  In its comments on the time deposit                      deposits component of M2 consists of                   item 1, each institution selects from
                                                  proposal, the fourth banking                             certain time deposits at banks and                     nine statements describing a range of
                                                  organization described the systems                       thrifts with balances less than $100,000.              levels of auditing work the one
                                                  changes it would need to make to                         In this regard, the small-denomination                 statement that best describes the level of
                                                  accommodate the proposed change in                       time deposits component of M2                          auditing work performed for it. Certain
                                                  the reporting of interest expense on and                 excludes IRA and Keogh Plan account                    statements from which an institution
                                                  the quarterly averages for time deposits.                balances at depository institutions
                                                     In response to these comments, the                                                                           must choose do not reflect current
                                                                                                           because heavy penalties for pre-                       auditing practices performed in
                                                  agencies have reviewed their collection                  retirement withdrawals make these
                                                  and use of brokered deposit information                                                                         accordance with applicable standards
                                                                                                           balances too illiquid to be included in                and procedures promulgated by the U.S.
                                                  reported in Memorandum items 1.c.(1),                    the monetary aggregates. Because
                                                  1.c.(2), 1.d.(1), 1.d.(2), and 1.d.(3), and                                                                     auditing standard setters, namely the
                                                                                                           Memorandum item 2.b includes IRA                       Public Company Accounting Oversight
                                                  have determined that these items can be                  and Keogh Plan account balances held
                                                  revised to reflect only the $250,000                                                                            Board (PCAOB) and the Auditing
                                                                                                           in time deposits of less than $100,000,                Standards Board (ASB) of the American
                                                  deposit size threshold. Accordingly, the                 the data reported in Memorandum item
                                                  agencies propose to combine                                                                                     Institute of Certified Public
                                                                                                           2.e is used in conjunction with the data               Accountants.
                                                  Memorandum items 1.c.(1), ‘‘Brokered                     reported in Memorandum item 1.a,
                                                  deposits of less than $100,000,’’ and                                                                              The PCAOB’s Auditing Standard No.
                                                                                                           ‘‘Total Individual Retirement Accounts
                                                  1.c.(2), ‘‘Brokered deposits of $100,000                                                                        5 (AS 5), An Audit of Internal Control
                                                                                                           (IRAs) and Keogh Plan accounts,’’ to
                                                  through $250,000 and certain brokered                                                                           Over Financial Reporting That Is
                                                                                                           determine IRA and Keogh Plan account
                                                  retirement deposit accounts,’’ and to                                                                           Integrated with An Audit of Financial
                                                                                                           balances of less than $100,000, which
                                                  collect only ‘‘Brokered deposits of                                                                             Statements, became effective for fiscal
                                                                                                           are netted from Memorandum item 2.b
                                                  $250,000 or less (fully insured brokered                                                                        years ending on or after November 15,
                                                                                                           for M2 calculation purposes. Given the
                                                  deposits).’’ 17 Further, the agencies                                                                           2007, and provides guidance regarding
                                                                                                           aforementioned need for the continued
                                                  propose to combine Memorandum item                                                                              the integration of audits of internal
                                                                                                           collection of total time deposits of less
                                                  1.d.(1), ‘‘Brokered deposits of less than                                                                       control over financial reporting with
                                                                                                           than $100,000 in Memorandum item
                                                  $100,000 with a remaining maturity of                                                                           audits of financial statements for public
                                                                                                           2.b, the agencies have determined that
                                                  one year or less,’’ and Memorandum                                                                              companies. To further emphasize the
                                                                                                           the information reported in Memoranda
                                                                                                                                                                  integration of these two audits, the
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                                                  item 1.d.(2), ‘‘Brokered deposits of                     item 2.c on total time deposits of
                                                  $100,000 through $250,000 with a                                                                                PCAOB revised AS 5 in December 2010
                                                                                                           $100,000 through $250,000 remains
                                                  remaining maturity of one year or less,’’                                                                       by adding a statement that ‘‘the auditor
                                                                                                           necessary in order for the agencies to
                                                  and to collect only ‘‘Brokered deposits                                                                         cannot audit internal control over
                                                  of $250,000 or less with a remaining                        18 This item would be designated Memorandum
                                                                                                                                                                  financial reporting without also auditing
                                                                                                           item 1.d.(1).                                          the financial statements.’’ Those public
                                                     17 This item would be designated Memorandum              19 Memorandum item 2.d collects data on ‘‘Total     companies not required to undergo an
                                                  item 1.c.                                                time deposits of more than $250,000.’’                 audit of internal control over financial


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                                                                               Federal Register / Vol. 81, No. 134 / Wednesday, July 13, 2016 / Notices                                              45365

                                                  reporting must have an audit of their                       Because these three statements no longer             Memorandum item 1. This proposed
                                                  financial statements.                                    fully and properly describe the types of                reporting change would take effect
                                                                                                           external auditing services performed for                March 31, 2017.
                                                     The ASB provided similar guidance                     institutions or their parent holding
                                                  in Attestation Section 501 (AT 501), An                  companies under current professional                    3. Chief Executive Officer Contact
                                                  Examination of an Entity’s Internal                      standards and to enhance the information                Information
                                                  Control over Financial Reporting That Is                 institutions provide the agencies annually
                                                  Integrated with an Audit of Its Financial                about the level of external auditing work                  All reporting institutions have been
                                                  Statements, which became effective for                   performed for them, the agencies proposed in            requested to provide ‘‘Emergency
                                                  integrated audits of private companies                   their September 2015 proposal to replace                Contact Information’’ as part of their
                                                  for periods ending on or after December                  existing statements 1 and 2 with new                    Call Report submissions since
                                                  15, 2008. Consistent with the PCAOB,                     statements 1a, 1b, 2a, and 2b and to eliminate          September 2002. This information
                                                                                                           existing statement 3. The revised statements            request was added to the Call Report so
                                                  the ASB stated in AT 501 that ‘‘[t]he
                                                                                                           would read as follows:                                  that the agencies could distribute
                                                  examination of internal control should                      1a = An integrated audit of the reporting
                                                  be integrated with an audit of financial                 institution’s financial statements and its
                                                                                                                                                                   critical, time-sensitive information to
                                                  statements’’ and ‘‘[a]n auditor should                   internal control over financial reporting               emergency contacts at institutions
                                                  not accept an engagement to review an                    conducted in accordance with the standards              should such a need arise. The primary
                                                  entity’s internal control or a written                   of the American Institute of Certified Public           contact should be a senior official of the
                                                  assertion thereon.’’ Under the ASB’s                     Accountants (AICPA) or the Public Company               institution who has decision-making
                                                  previous attestation standards, an entity                Accounting Oversight Board (PCAOB) by an                authority. The primary contact may or
                                                  could engage an external auditor to                      independent public accountant that submits              may not be the institution’s Chief
                                                                                                           a report on the institution.                            Executive Officer (CEO). Information for
                                                  examine and attest to the effectiveness
                                                                                                              1b = An audit of the reporting institution’s         a secondary contact also should be
                                                  of its internal control over financial                   financial statements only conducted in
                                                  reporting without auditing the entity’s                  accordance with the auditing standards of the
                                                                                                                                                                   provided if such a person is available at
                                                  financial statements. Thus, at present,                  AICPA or the PCAOB by an independent                    an institution. The emergency contact
                                                  unless a private company is required to                  public accountant that submits a report on              information is for the confidential use of
                                                  or elects to have an integrated internal                 the institution.                                        the agencies and is not released to the
                                                  control examination and financial                           2a = An integrated audit of the reporting            public.
                                                  statement audit, the private company                     institution’s parent holding company’s                     The agencies periodically need to
                                                  may be required to or can choose to                      consolidated financial statements and its               communicate with the CEOs of
                                                                                                           internal control over financial reporting               reporting institutions via email, but they
                                                  have an external auditor perform an
                                                                                                           conducted in accordance with the standards
                                                  audit of its financial statements, but it                of the AICPA or the PCAOB by an
                                                                                                                                                                   currently do not have a complete list of
                                                  may not engage an external auditor to                    independent public accountant that submits              CEO email addresses that would enable
                                                  perform a standalone internal control                    a report on the consolidated holding                    an agency to communicate directly to
                                                  examination. More recently, the ASB                      company (but not on the institution                     institutions’ CEOs. The CEO
                                                  concluded that, because engagements                      separately).20                                          communications are initiated or
                                                  performed under AT 501 are required to                      2b = An audit of the reporting institution’s         approved by persons at the agencies’
                                                  be integrated with an audit of financial                 parent holding company’s consolidated                   senior management levels and would
                                                  statements, it would be appropriate to                   financial statements only conducted in                  involve topics including new initiatives,
                                                                                                           accordance with the auditing standards of the           policy notifications, and assessment
                                                  move the content of AT 501 from the
                                                                                                           AICPA or the PCAOB by an independent
                                                  attestation standards into U.S. generally                public accountant that submits a report on
                                                                                                                                                                   information.
                                                  accepted auditing standards. As a                        the consolidated holding company (but not                  To streamline the agencies’ CEO
                                                  consequence, the ASB issued Statement                    on the institution separately).                         communication process, the agencies
                                                  on Auditing Standards No. 130, An                           The agencies received comments on                    proposed to request CEO contact
                                                  Audit of Internal Control Over Financial                 the proposed revisions to the statements                information, including email addresses,
                                                  Reporting That Is Integrated With an                     about level of auditing external worked                 in the Call Report separately from, but
                                                  Audit of Financial Statements (SAS                       performed for an institution from one                   in a manner similar to, the currently
                                                  130), in October 2015. SAS 130 is                        banking organization and two bankers’                   requested ‘‘Emergency Contact
                                                  effective for integrated audits of private               associations. One banking organization                  Information.’’ As with the ‘‘Emergency
                                                  companies for periods ending on or after                 stated that it did not oppose the                       Contact Information,’’ the proposed CEO
                                                  December 15, 2016, at which time AT                      proposed revision. The two bankers’                     contact information would be for the
                                                  501 will be withdrawn.                                   associations stated that they did not                   confidential use of the agencies and
                                                     The existing wording of statements 1,                 object to this change, but requested that               would not be released to the public. The
                                                  2, and 3 of Schedule RC, Memorandum                      the definition of ‘‘integrated’’ be                     agencies intend for CEO email addresses
                                                  item 1, reads as follows:                                clarified and expanded. The agencies                    to be used judiciously and only for
                                                                                                           will provide additional explanatory                     significant matters requiring CEO-level
                                                    1 = Independent audit of the bank
                                                  conducted in accordance with generally                   information about the meaning of an                     attention. Having a comprehensive
                                                  accepted auditing standards by a certified               ‘‘integrated audit’’ in the revised                     database of CEO contact information,
                                                  public accounting firm which submits a                   instructions for Schedule RC,                           including email addresses, would allow
                                                  report on the bank.                                                                                              the agencies to communicate important
                                                    2 = Independent audit of the bank’s parent               20 The instructions for statement 2a would            and time-sensitive information directly
                                                  holding company conducted in accordance                  indicate this statement also applies to a reporting     to CEOs.
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                                                  with generally accepted auditing standards               institution with $5 billion or more in total assets
                                                                                                           and a rating lower than 2 under the Uniform
                                                                                                                                                                      One banking organization commented
                                                  by a certified public accounting firm which                                                                      on the proposed reporting of CEO
                                                  submits a report on the consolidated holding             Financial Institutions Rating System that is required
                                                  company (but not on the bank separately).
                                                                                                           by Section 36(i)(1) of the Federal Deposit Insurance    contact information, stating that it was
                                                                                                           Act (12 U.S.C. 1831m(i)(1)) to have its internal        not opposed to this proposal. The
                                                    3 = Attestation on bank management’s                   control over financial reporting audited at the
                                                  assertion on the effectiveness of the bank’s             institution level, but undergoes a financial
                                                                                                                                                                   agencies propose to implement the
                                                  internal control over financial reporting by a           statement audit at the consolidated holding             collection of this information as of the
                                                  certified public accounting firm.                        company level.                                          September 30, 2016, report date.


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                                                  45366                        Federal Register / Vol. 81, No. 134 / Wednesday, July 13, 2016 / Notices

                                                  4. Reporting the Legal Entity Identifier                 when the component exceeds both a                          6. Extraordinary Items
                                                     The Legal Entity Identifier (LEI) is a                specified percentage of the item and a                        In January 2015, the FASB issued
                                                  20-digit alpha-numeric code that                         specified dollar amount. To simplify                       ASU No. 2015–01, ‘‘Simplifying Income
                                                  uniquely identifies entities that engage                 and streamline the reporting of these                      Statement Presentation by Eliminating
                                                  in financial transactions. The recent                    components and thereby reduce                              the Concept of Extraordinary Items.’’
                                                  financial crisis spurred the development                 reporting burden, preprinted captions                      This ASU eliminates the concept of
                                                  of a global LEI system. The LEI system                   have been provided for those                               extraordinary items from U.S. generally
                                                  is designed to facilitate several financial              components of each of these items that,                    accepted accounting principles. Until
                                                  stability objectives, including the                      based on the agencies’ review of the                       the effective date of this ASU, an entity
                                                  provision of higher quality and more                     components previously reported for                         was required under ASC Subtopic 225–
                                                  accurate financial data. In the United                   these items, institutions most frequently                  20, Income Statement—Extraordinary
                                                  States, the Financial Stability Oversight                itemize and describe. When a
                                                                                                                                                                      and Unusual Items (formerly
                                                  Council (FSOC) has recommended that                      preprinted caption is provided for a
                                                                                                                                                                      Accounting Principles Board Opinion
                                                  regulators and market participants                       particular component of an item, an
                                                                                                                                                                      No. 30, ‘‘Reporting the Results of
                                                  continue to work together to improve                     institution is not required to report the
                                                                                                                                                                      Operations’’), to separately classify,
                                                  the quality and comprehensiveness of                     amount of that component when the
                                                                                                                                                                      present, and disclose extraordinary
                                                  financial data both nationally and                       amount falls below the applicable
                                                                                                                                                                      events and transactions. An event or
                                                  globally. In this regard, the FSOC also                  reporting thresholds.
                                                                                                              Based on the most recent review of                      transaction was presumed to be an
                                                  has recommended that its member                                                                                     ordinary and usual activity of the
                                                  agencies promote the use of the LEI in                   the component descriptions manually
                                                                                                           entered by reporting institutions                          reporting entity unless evidence clearly
                                                  reporting requirements and                                                                                          supports its classification as an
                                                  rulemakings, where appropriate.21                        because preprinted captions were not
                                                                                                           available, the agencies stated in their                    extraordinary item. For Call Report
                                                     Effective in 2014 and 2015, the Board                                                                            purposes, if an event or transaction met
                                                  began collecting LEIs from holding                       September 2015 proposal that they were
                                                                                                           planning to add one new preprinted                         the criteria for extraordinary
                                                  companies and certain holding                                                                                       classification, an institution had to
                                                  company subsidiary banking and                           caption to Schedule RI–E, item 1,
                                                                                                           ‘‘Other noninterest income,’’ two new                      segregate the extraordinary item from
                                                  nonbanking legal entities in the FR Y–                                                                              the results of its ordinary operations and
                                                  6, FR Y–7, and FR Y–10 reports 22 only                   preprinted captions to Schedule RI–E,
                                                                                                           item 2, ‘‘Other noninterest expense,’’                     report the extraordinary item in its
                                                  if a holding company or subsidiary                                                                                  income statement in Schedule RI, item
                                                  entity already has an LEI. With respect                  and three new preprinted captions to
                                                                                                           Schedule RC–F, item 6, ‘‘All other                         11, ‘‘Extraordinary items and other
                                                  to the Call Report, the agencies                                                                                    adjustments, net of income taxes.’’
                                                  proposed to have institutions provide                    assets.’’ 23 The introduction of these new
                                                                                                           preprinted captions is intended to                            ASU 2015–01 is effective for fiscal
                                                  their LEI on the cover page of the report                                                                           years, and interim periods within those
                                                  only if an institution already has an LEI.               simplify institutions’ compliance with
                                                                                                           the requirement to itemize and describe                    fiscal years, beginning after December
                                                  As with the Board reports, an institution                                                                           15, 2015. Thus, for example, an
                                                  that does not have an LEI would not be                   those components of these items that
                                                                                                           exceed the applicable reporting                            institution with a calendar year fiscal
                                                  required to obtain one for purposes of                                                                              year had to begin applying the ASU in
                                                  reporting it on the Call Report.                         thresholds (which are being revised
                                                                                                           effective September 30, 2016, as                           its Call Report for March 31, 2016,
                                                     One banking organization commented                                                                               unless it chose to early adopt the ASU.
                                                  on the proposed LEI reporting, stating                   described above in Section IV.B). The
                                                                                                           new preprinted caption for ‘‘Other                         After an institution adopts ASU 2015–
                                                  that it was not opposed to this proposal                                                                            01, any event or transaction that would
                                                  as long as an institution without an LEI                 noninterest income’’ is ‘‘Income and
                                                                                                           fees from wire transfers.’’ The two new                    have met the criteria for extraordinary
                                                  would not be required to obtain one for                                                                             classification before the adoption of the
                                                  Call Report purposes. The agencies                       preprinted captions for ‘‘Other
                                                                                                           noninterest expense’’ are ‘‘Other real                     ASU should be reported in Schedule RI,
                                                  propose to implement the collection of                                                                              item 5.l, ‘‘Other noninterest income,’’ or
                                                  LEIs on the Call Report cover page only                  estate owned expenses’’ and ‘‘Insurance
                                                                                                           expenses (not included in employee                         item 7.d, ‘‘Other noninterest expense,’’
                                                  from institutions that already have LEIs                                                                            as appropriate, unless the event or
                                                  as of the September 30, 2016, report                     benefits, premises and fixed assets
                                                                                                           expenses, and other real estate owned                      transaction would otherwise be
                                                  date. The LEI must be a currently                                                                                   reportable in another item of Schedule
                                                  issued, maintained, and valid LEI, not                   expenses).’’ The three new preprinted
                                                                                                           captions for ‘‘All other assets’’ are                      RI.
                                                  an LEI that has lapsed.                                                                                                Consistent with the elimination of the
                                                                                                           ‘‘Computer software,’’ ‘‘Accounts
                                                  5. Additional Preprinted Captions for                                                                               concept of extraordinary items in ASU
                                                                                                           receivable,’’ and ‘‘Receivables from
                                                  Itemizing and Describing Components                                                                                 2015–01, the agencies stated in the
                                                                                                           foreclosed government-guaranteed
                                                  of Certain Items That Exceed Reporting                                                                              September 2015 proposal that they
                                                                                                           mortgage loans.’’
                                                  Thresholds                                                  Two banking organizations                               planned to revise the instructions for
                                                                                                           commented on the introduction of new                       Schedule RI, item 11,24 and remove the
                                                     As mentioned above in Section III.B,
                                                                                                           preprinted captions, but raised no                         term ‘‘extraordinary items’’ from and
                                                  institutions are required to itemize and
                                                                                                           objection. The agencies propose to add                     revise the captions for Schedule RI, item
                                                  describe each component of certain
                                                                                                           the preprinted captions to the Call                        8, ‘‘Income (loss) before income taxes
                                                  items in five Call Report schedules
                                                                                                           Report effective September 30, 2016.                       and extraordinary items and other
                                                                                                                                                                      adjustments,’’ item 10, ‘‘Income (loss)
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                                                    21 Financial Stability Oversight Council 2015

                                                  Annual Report, page 14 (http://www.treasury.gov/           23 The addition of one of the new preprinted             before extraordinary items and other
                                                  initiatives/fsoc/studies-reports/Documents/              captions to Schedule RC–F, item 6, is based on the
                                                  2015%20FSOC%20Annual%20Report.pdf).                      expected usage of a component resulting from the             24 The outdated reference to the reporting of the
                                                    22 FR Y–6, Annual Report of Holding Companies;         FASB’s issuance of Accounting Standards Update             cumulative effect of certain changes in accounting
                                                  FR Y–7, Annual Report of Foreign Banking                 (ASU) No. 2014–14, ‘‘Classification of Certain             principles in the instructions for item 11, which is
                                                  Organizations; and FR Y–10, Report of Changes in         Government-Guaranteed Mortgage Loans upon                  inconsistent with the guidance in the Call Report
                                                  Organizational Structure (OMB Control No. 7100–          Foreclosure,’’ that is or soon will be in effect for all   Glossary entry for ‘‘Accounting Changes,’’ would be
                                                  0297).                                                   institutions depending, in part, on their fiscal years.    deleted from the instructions.



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                                                                               Federal Register / Vol. 81, No. 134 / Wednesday, July 13, 2016 / Notices                                            45367

                                                  adjustments,’’ and item 11, as well as                    institution that has elected to report                available-for-sale securities, and
                                                  Schedule RI–E, item 3, ‘‘Extraordinary                    securities at fair value under a fair value           securities for which a trading
                                                  items and other adjustments and                           option to classify the securities as                  measurement classification has been
                                                  applicable income tax effect.’’ 25                        trading securities. However, as                       elected in Schedule RC–Q. As stated
                                                     As an interim measure because ASU                      discussed above, the agencies proposed                above in Section III.C.2, the agencies
                                                  2015–01 is already in effect for most                     in their September 2015 proposal to                   reconsidered, and decided not to
                                                  institutions, a footnote was added to                     remove this requirement, which would                  implement, the proposed instructional
                                                  item 11 on Schedule RI and item 3 on                      have permitted an institution to classify             revision that would no longer have
                                                  Schedule RI–E on the Call Report forms                    fair value option securities as held-to-              required an institution to classify fair
                                                  for March 31, 2016, addressing the                        maturity, available-for-sale, or trading              value option securities as trading
                                                  elimination of the concept of                             securities.                                           securities. Based on this decision, the
                                                  extraordinary items. The footnote                            In its current form, Schedule RC–Q                 agencies also will not implement the
                                                  explains that the captions will be                        contains an item for available-for-sale               proposed elimination of the existing
                                                  revised at a later date and only the                      securities along with the items                       Schedule RC–Q item for nontrading
                                                  results of discontinued operations                        identified above for ‘‘Other trading                  securities accounted for under a fair
                                                  should be reported in these two items.                    assets,’’ which includes securities                   value option and their proposed
                                                     The agencies received no comments                      designated as trading securities, and                 addition to the schedule of a new item
                                                  on the planned changes related to                         ‘‘Nontrading securities at fair value with            for held-to-maturity securities.
                                                  extraordinary items. Accordingly,                         changes in fair value reported in current                The agencies received no comments
                                                  effective September 30, 2016, the                         earnings.’’ However, given the existing               on the proposal to move the
                                                  captions for Schedule RI, items 8, 10,                    instructional requirements for fair value             Memorandum items in Schedule RC–C,
                                                  and 11, would be revised to say                           option securities, Schedule RC–Q does                 Part I, on the fair value and unpaid
                                                  ‘‘Income (loss) before income taxes and                   not include an item for reporting held-               principal balance of fair value option
                                                  discontinued operations,’’ ‘‘Income                       to-maturity securities because only                   loans to Schedule RC–Q, where they
                                                  (loss) before discontinued operations,’’                  securities reported at amortized cost are             would be designated as Memorandum
                                                  and ‘‘Discontinued operations, net of                     included in this category of securities.              items 3 and 4. Therefore, the agencies
                                                  applicable income taxes,’’ respectively.                  By proposing to remove the requirement                propose to proceed with this change
                                                  Similarly, the caption for Schedule RI–                   to report fair value option securities as             effective March 31, 2017.
                                                  E, item 3, would be revised to say,                       trading securities, as discussed in
                                                  ‘‘Discontinued operations and                                                                                   2. Revisions to the Reporting of the
                                                                                                            Section III.C.2, the agencies also
                                                  applicable income tax effect.’’                                                                                 Impact on Trading Revenues of Changes
                                                                                                            proposed in their September 2015
                                                                                                                                                                  in Credit and Debit Valuation
                                                  E. New and Revised Data Items of                          proposal to eliminate item 5.b.(1) of
                                                                                                                                                                  Adjustments by Institutions With Total
                                                  Limited Applicability                                     Schedule RC–Q for nontrading
                                                                                                                                                                  Assets of $100 Billion or More
                                                                                                            securities accounted for under a fair
                                                  1. Changes to Schedule RC–Q, Assets                       value option and add a new item to                       Institutions that reported average
                                                  and Liabilities Measured at Fair Value                    Schedule RC–Q to capture data on                      trading assets of $2 million or more for
                                                  on a Recurring Basis                                      ‘‘Held-to-maturity securities’’ to which a            any quarter of the preceding calendar
                                                     Schedule RC–Q is completed by                          fair value option is applied.                         year must report a breakdown of their
                                                  institutions that had total assets of $500                   In addition, at present, institutions              trading revenue (as reported in
                                                  million or more as of the beginning of                    that have elected to measure loans (not               Schedule RI, item 5.c) by underlying
                                                  their fiscal year and by smaller                          held for trading) at fair value under a               risk exposure in Schedule RI,
                                                  institutions that either are required to                  fair value option are required to report              Memorandum items 8.a though 8.e. The
                                                  complete Schedule RC–D, Trading                           the fair value and unpaid principal                   five types of risk exposure are interest
                                                  Assets and Liabilities, or have elected to                balance of such loans in Memorandum                   rate, foreign exchange, equity security
                                                  report financial instruments or servicing                 items 10 and 11 of Schedule RC–C, Part                and index, credit, and commodity and
                                                  assets and liabilities at fair value under                I, Loans and Leases. Because Schedule                 other. Institutions required to provide
                                                  a fair value option.                                      RC–C, Part I, must be completed by all                this five-way breakdown of their trading
                                                     Institutions that complete Schedule                    institutions, Memorandum items 10 and                 revenue that have $100 billion or more
                                                  RC–Q are currently required to treat                      11 also must be completed by all                      in total assets must also report the
                                                  securities they have elected to report at                 institutions although only a nominal                  ‘‘Impact on trading revenue of changes
                                                  fair value under a fair value option as                   number of institutions with less than                 in the creditworthiness of the bank’s
                                                  part of their trading securities. As a                    $500 million in assets have disclosed                 derivative counterparties on the bank’s
                                                  consequence, institutions include fair                    reportable amounts for any of the                     derivative assets’’ and the ‘‘Impact on
                                                  value information for their fair value                    categories of fair value option loans                 trading revenue of changes in the
                                                  option securities, if any, in Schedule                    reported in the subitems of these two                 creditworthiness of the bank on the
                                                  RC–Q two times: First, as part of the fair                Memorandum items. Accordingly, to                     bank’s derivative liabilities’’ in
                                                  value information they report for their                   mitigate some of the reporting burden                 Schedule RI, Memorandum items 8.f
                                                  ‘‘Other trading assets’’ in item 5.b of the               associated with Schedule RC–C, Part I,                and 8.g, respectively. Memorandum
                                                  schedule, and then on a standalone                        the agencies proposed to move                         items 8.f and 8.g were intended to
                                                  basis in item 5.b.(1), ‘‘Nontrading                       Memorandum items 10 and 11 on the                     capture the amounts included in trading
                                                  securities at fair value with changes in                  fair value and unpaid principal balance               revenue that resulted from calendar
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                                                  fair value reported in current earnings.’’                of fair value option loans from Schedule              year-to-date changes in the reporting
                                                  This reporting treatment flows from the                   RC–C, Part I, to Schedule RC–Q and to                 institution’s credit valuation
                                                  existing provision of the Glossary entry                  designate them as Memorandum items 3                  adjustments (CVA) and debit valuation
                                                  for ‘‘Trading Account’’ that, as                          and 4.                                                adjustments (DVA).
                                                  discussed in Section III.C.2, requires an                    The agencies received comments from                   The agencies have found inconsistent
                                                                                                            two bankers’ associations seeking                     reporting of CVAs and DVAs by the
                                                     25 Items 3.c.(1) and (2) also would be removed         further clarification of the proposed                 institutions completing Memorandum
                                                  from Schedule RI–E.                                       reporting of held-to-maturity securities,             items 8.f and 8.g of Schedule RI, which


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                                                  45368                        Federal Register / Vol. 81, No. 134 / Wednesday, July 13, 2016 / Notices

                                                  affects the analysis of reported trading                 welcomed the proposal. The bankers’                   Memorandum item 8.h of Schedule RI,
                                                  revenues. For example, some                              associations commented that the                       as revised in response to comments
                                                  institutions report CVAs and DVAs in                     agencies’ proposed approach for                       received, in the Call Report for March
                                                  these two items on a gross basis while                   reporting the impact on trading                       31, 2017.
                                                  other institutions report these                          revenues of changes in CVAs and DVAs
                                                                                                                                                                 3. Dually Payable Deposits in Foreign
                                                  adjustments on a net (of hedging) basis.                 differs from how many banks currently
                                                     Consistent reporting of the impact on                                                                       Branches of U.S. Banks
                                                                                                           report their CVAs and DVAs. As a
                                                  trading revenue from year-to-date                        result, these banks ‘‘do not currently                   Under the Federal Deposit Insurance
                                                  changes in CVAs and DVAs is necessary                    have the capability to calculate this                 Act (FDI Act), deposit obligations
                                                  to ensure the accuracy of the data                       information by type of underlying risk                carried on the books and records of
                                                  available to examiners for planning and                  exposures.’’ The associations stated that             foreign branches of U.S. banks are not
                                                  conducting safety and soundness                          building and testing the systems and                  considered deposits, unless the funds
                                                  examinations of institutions’ trading                    processes necessary to enable banks to                are payable both in the foreign branch
                                                  activities and to the agencies for their                 report the trading revenue information                and at an office of the bank in the
                                                  analyses of derivatives and trading                      in the manner proposed by the agencies                United States (that is, they are dually
                                                  activities, and changes therein, at the                  would require a delay in the                          payable). In September 2013, the FDIC
                                                  industry and institution level.                          implementation date of not less than                  issued a final rule amending its deposit
                                                     To enhance the quality of the trading                 one year beyond the effective date                    insurance regulations to clarify that
                                                  revenue information reported by the                      proposed by the agencies for the initial              deposits carried on the books and
                                                  largest institutions in the United States,               reporting of this information. The                    records of a foreign branch of a U.S.
                                                  promote consistency across institutions                  associations also requested that the                  bank are not insured deposits even if
                                                  in the reporting of CVAs and DVAs,                       agencies provide greater clarity and                  they are made payable both at that
                                                  enable examiners to make more                            specificity in the instructions for the               branch and at an office of the bank in
                                                  informed judgments about institutions’                   proposed expansion of trading revenue                 any state of the United States.26 In
                                                  effectiveness in managing CVA and                        information by type of underlying risk                addition, the final rule provides an
                                                  DVA risks, and provide a more complete                   exposure.                                             exception for Overseas Military Banking
                                                  picture of reported trading revenue, the                    To address the bankers’ associations’              Facilities operated under Department of
                                                  agencies proposed in their September                     comments, the agencies have revised                   Defense regulations.
                                                  2015 proposal to replace existing                        their proposal to eliminate the reporting                The final rule does not affect the
                                                  Memorandum items 8.f and 8.g of                          by type of underlying risk exposure. As               ability of a U.S. bank to make a foreign
                                                  Schedule RI with a tabular set of data                   revised, institutions required to                     deposit dually payable. Should a bank
                                                  items. As proposed by the agencies,                      complete Schedule RI, Memorandum                      do so, its foreign branch deposits would
                                                  institutions meeting the criteria for                    items 8.f and 8.g (i.e., institutions that            be treated as deposit liabilities under
                                                  completing Memorandum items 8.f and                      reported average trading assets of $2                 the FDI Act’s depositor preference
                                                  8.g would begin to separately present                    million or more for any quarter of the                regime in the same way as, and on an
                                                  their gross CVAs and DVAs                                preceding calendar year and have $100                 equal footing with, domestic uninsured
                                                  (Memorandum items 8.f.(1) and 8.g.(1))                   billion or more in total assets), would               deposits. In general, ‘‘depositor
                                                  and any related CVA and DVA hedging                      separately present the year-to-date                   preference’’ refers to a resolution
                                                  results (Memorandum items 8.f.(2) and                    changes in gross CVAs and DVAs in                     distribution regime in which the claims
                                                  8.g.(2)) in the table by type of                         new Memorandum items 8.f.(1) and                      of depositors have priority over (that is,
                                                  underlying risk exposure (columns A                      8.g.(1), respectively, and any related                are satisfied before) the claims of
                                                  through E). These institutions also                      year-to-date CVA and DVA hedging                      general unsecured creditors. Thus, if
                                                  would report their gross trading revenue                 results in Memorandum items 8.f.(2)                   deposits held in foreign branches of U.S.
                                                  by type of underlying risk exposure                      and 8.g.(2), respectively. The                        banks located outside the United States
                                                  before including positive or negative net                instructions for these items would                    are made dually payable, that is, made
                                                  CVAs and net DVAs in columns A                           explain that when CVA and DVA are                     payable at both the foreign office and a
                                                  through E of a proposed new                              components in a bilateral valuation                   branch of the bank located in the United
                                                  Memorandum item 8.h, ‘‘Gross trading                     adjustment calculation for a derivatives              States, the holders of such deposits
                                                  revenue.’’ For purposes of this proposed                 counterparty, the year-to-date change in              would receive depositor preference in
                                                  tabular set of data items, the September                 the gross CVA component and the gross                 the event of the U.S. bank’s failure.
                                                  2015 proposal would have required                        DVA component for that counterparty                      To enable the FDIC to monitor the
                                                  CVA and DVA amounts, as well as their                    should be reported in items 8.f.(1) and               volume and trend of dually payable
                                                  hedges, to be allocated to the type of                   8.g.(1), respectively.                                deposits in the foreign branches of U.S.
                                                  underlying risk exposure (e.g., interest                    Institutions required to complete                  banks, the agencies proposed to add a
                                                  rates, foreign exchange, and equity) that                Memorandum items 8.f and 8.g also                     new Memorandum item 2 to Schedule
                                                  gives rise to the CVA and the DVA.                       would report as ‘‘Gross trading revenue’’             RC–E, Part II, Deposits in Foreign
                                                     In proposing that certain institutions                in new Memorandum item 8.h the year-                  Offices, on the FFIEC 031 Call Report.
                                                  with assets of $100 billion or more                      to-date results of their trading activities           The FFIEC 031 is applicable only to
                                                  report expanded information on the                       before the impact of any year-to-date                 banks with foreign offices. The
                                                  impact on trading revenues of changes                    changes in valuation adjustments,                     proposed new information on the
                                                  in CVAs and DVAs, related hedging                        including, but not limited to, CVA and                amount of dually payable deposits at
                                                                                                                                                                 foreign branches of U.S. banks would
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                                                  results, and gross trading revenues, the                 DVA. The amount reported as gross
                                                  agencies requested comment on the                        trading revenue in Memorandum item                    enable the FDIC to determine, as
                                                  availability of these data by type of                    8.h plus or minus all year-to-date                    required by statute, the least costly
                                                  underlying risk exposure.                                changes in valuation adjustments                      method of resolving a particular bank if
                                                     The agencies received comments on                     should equal Schedule RI, item 5.c,                   it fails and the potential loss to the
                                                  this trading revenue proposal from one                   ‘‘Trading revenue.’’                                  Deposit Insurance Fund. This requires
                                                  consulting firm and two bankers’                            The agencies propose to implement
                                                  associations. The consulting firm                        Memorandum items 8.f and 8.g and new                    26 See   78 FR 56583 (September 13, 2013).



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                                                                               Federal Register / Vol. 81, No. 134 / Wednesday, July 13, 2016 / Notices                                               45369

                                                  the FDIC to plan for the distribution of                 rule 29 and the need for updates to the                  IV. Summary of the Effective Dates for
                                                  the proceeds from the liquidation of the                 associated SLR data collection in the                    the Proposed Revisions
                                                  failed bank’s assets, including                          FFIEC 101.                                                  The list below summarizes the
                                                  consideration not only of insured                           In July 2015, the agencies finalized                  effective dates for each of the Call
                                                  deposits, but also other deposit                         the most recent revisions to the SLR                     Report changes included in the
                                                  liabilities for purposes of depositor                    rule, which requires all advanced                        agencies’ September 2015 proposal (and
                                                  preference, such as domestic uninsured                   approaches institutions to disclose three                an additional instructional revision
                                                  deposits and dually payable deposits in                  items: The numerator of the SLR (Tier                    proposed by a banking organization) as
                                                  foreign branches of the particular U.S.                  1 capital, which is already reported in                  discussed above in the preceding
                                                  bank, which take priority over general                   Call Report Schedule RC–R), the                          section of this notice.
                                                  unsecured liabilities.                                   denominator of the SLR (total leverage                      The following proposed Call Report
                                                     The agencies received no comments                     exposure), and the ratio itself.30 As part               revisions would take effect September
                                                  on the proposed reporting of dually                      of the proposed revisions to the FFIEC                   30, 2016:
                                                  payable deposits at foreign branches of                  101, the SLR section of the FFIEC 101                       • Deletions of certain existing data
                                                  U.S. banks. The collection of this data                  will apply only to top-tier advanced                     items pertaining to troubled debt
                                                  item would be implemented as of                          approaches institutions (generally, bank                 restructurings from Schedules RC–C,
                                                  September 30, 2016, but it would be                      and savings and loan holding                             Part I, and RC–N; loans covered by FDIC
                                                                                                                                                                    loss-sharing agreements from Schedules
                                                  added to the FFIEC 031 Call Report as                    companies), and not to their subsidiary
                                                                                                                                                                    RC–M and RC–N; and unused
                                                  Memorandum item 4 of Schedule RC–O,                      depository institutions.31 Therefore,
                                                                                                                                                                    commitments to asset-backed
                                                  Other Data for Deposit Insurance and                     lower tier advanced approaches
                                                                                                                                                                    commercial paper conduits with an
                                                  FICO Assessments, rather than as                         depository institutions generally will                   original maturity of one year or less in
                                                  Memorandum item 2 of Schedule RC–E,                      not report SLR data in the FFIEC 101,                    Schedule RC–R, Part II;
                                                  Part II.                                                 but will need to do so in the Call Report,                  • Increases in existing reporting
                                                                                                           which would satisfy the SLR disclosure                   thresholds for certain data items in
                                                  4. Revisions To Implement the
                                                                                                           requirement in the revised SLR rule.32                   Schedules RI–E, RC–D, RC–F, RC–G,
                                                  Supplementary Leverage Ratio for
                                                  Advanced Approaches Institutions                            Thus, the agencies proposed to add a                  and RC–Q and the establishment of a
                                                                                                           new item 45.a to Schedule RC–R, Part                     reporting threshold for certain data
                                                     Schedule RC–R, Part I, Regulatory                     I, in which an advanced approaches                       items in Schedule RC–S;
                                                  Capital Components and Ratios, item                      depository institution (regardless of                       • An instructional revision
                                                  45, applies to the reporting of the                      parallel run status) would report total                  addressing the reporting of the custodial
                                                  supplementary leverage ratio (SLR) by                    leverage exposure as calculated under                    bank deduction in Schedule RC–O;
                                                  advanced approaches institutions.27 In                   the agencies’ SLR rule.                                     • New and revised data items and
                                                  the sample Call Report forms and the                                                                              information of general applicability,
                                                                                                              The agencies also proposed to
                                                  Call Report instruction book for report                                                                           including:
                                                                                                           renumber current item 45 of Schedule                        Æ Adding contact information for the
                                                  dates before March 31, 2015, the caption                 RC–R, Part I, as item 45.b, to collect an
                                                  for item 45 and the instructions for this                                                                         reporting institution’s Chief Executive
                                                                                                           institution’s SLR. The ratio to be                       Officer;
                                                  item both indicated that, effective for                  reported in item 45.b would equal Tier
                                                  report dates on or after January 1, 2015,                                                                            Æ Reporting the Legal Entity Identifier
                                                                                                           1 capital reported on Schedule RC–R,                     for the reporting institution (on the Call
                                                  advanced approaches institutions                         Part I, item 26, divided by total leverage
                                                  should begin to report their SLR in the                                                                           Report cover page) if the institution
                                                                                                           exposure reported in proposed item                       already has one;
                                                  Call Report as calculated for purposes of                45.a. Renumbered item 45.b would no
                                                  Schedule A, item 98, of the FFIEC 101,                                                                               Æ Creating additional preprinted
                                                                                                           longer reference the FFIEC 101 because                   captions for itemizing and describing
                                                  Regulatory Capital Reporting for                         lower tier depository institutions would
                                                  Institutions Subject to the Advanced                                                                              components of certain items that exceed
                                                                                                           no longer be calculating or reporting                    reporting thresholds in Schedules RC–F
                                                  Capital Adequacy Framework.28                            their SLRs in the FFIEC 101.                             and RI–E; and
                                                  However, the agencies suspended the
                                                                                                              The agencies received one comment                        Æ Eliminating the concept of
                                                  collection of Schedule RC–R, Part I,
                                                                                                           from a consulting firm that welcomed                     extraordinary items and revising
                                                  item 45, before it took effect March 31,
                                                                                                           the reinstatement of SLR information in                  affected data items in Schedules RI and
                                                  2015, due to amendments to the SLR                                                                                RI–E; and
                                                                                                           the Call Report. The reporting of SLR
                                                                                                           information in items 45.a and 45.b of                       • New and revised data items of
                                                     27 In general, an advanced approaches institution
                                                                                                           Call Report Schedule RC–R would take                     limited applicability, including:
                                                  (i) has consolidated total assets (excluding assets
                                                  held by an insurance underwriting subsidiary) on         effect September 30, 2016.                                  Æ Adding a new item on ‘‘dually
                                                  its most recent year-end regulatory report equal to                                                               payable’’ deposits in foreign branches of
                                                  $250 billion or more; (ii) has consolidated total on-
                                                                                                             29 See 79 FR 57725 (September 26, 2014). The
                                                                                                                                                                    U.S. banks to Schedule RC–O on the
                                                  balance sheet foreign exposure on its most recent                                                                 FFIEC 031 report; and
                                                  year-end regulatory report equal to $10 billion or       amendments to the SLR rule took effect January 1,
                                                  more (excluding exposures held by an insurance           2015.                                                       Æ Revising the information reported
                                                  underwriting subsidiary); (iii) is a subsidiary of a       30 See 80 FR 41409 (July 15, 2015). The disclosure     about the supplementary leverage ratio
                                                  depository institution that uses the advanced            requirement is set forth in the agencies’ regulatory     by advanced approaches institutions in
                                                  approaches to calculate its total risk-weighted          capital rules (12 CFR 3.172 (OCC); 12 CFR 217.172
                                                                                                                                                                    Schedule RC–R, Part I.
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                                                  assets; (iv) is a subsidiary of a bank holding           (Board), and 12 CFR 324.172 (FDIC)).
                                                  company or savings and loan holding company that           31 See 81 FR 22702 (April 18, 2016) as corrected          The following proposed Call Report
                                                  uses the advanced approaches to calculate its total      in 81 FR 24940 (April 27, 2016).                         revisions would take effect March 31,
                                                  risk-weighted assets; or (v) elects to use the             32 Because certain depository institutions are         2017:
                                                  advanced approaches to calculate its total risk-         exempt from filing the FFIEC 101, but must still            • Deletions of certain existing data
                                                  weighted assets.                                         report their SLR numerator, denominator, and ratio,
                                                     28 OMB control numbers for the FFIEC 101: For         the agencies proposed the depository institution-
                                                                                                                                                                    items pertaining to other-than-
                                                  the OCC, 1557–0239; for the Board, 7100–0319; and        level collection of SLR data in the Call Report rather   temporary impairments from Schedule
                                                  for the FDIC, 3064–0159.                                 than in the FFIEC 101.                                   RI;


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                                                  45370                        Federal Register / Vol. 81, No. 134 / Wednesday, July 13, 2016 / Notices

                                                     • An instructional revision                           for the proper performance of the                     DATES:  Written comments should be
                                                  addressing the reporting of net gains                    agencies’ functions, including whether                received on or before September 12,
                                                  (losses) and other-than-temporary                        the information has practical utility;                2016 to be assured of consideration.
                                                  impairments on equity securities that do                   (b) The accuracy of the agencies’                   ADDRESSES: Direct all written comments
                                                  not have readily determinable fair                       estimates of the burden of the                        to Tuawana Pinkston, Internal Revenue
                                                  values on the Call Report income                         information collections as they are                   Service, Room 6526, 1111 Constitution
                                                  statement;                                               proposed to be revised, including the                 Avenue NW., Washington, DC 20224.
                                                     • New and revised data items of                       validity of the methodology and                       FOR FURTHER INFORMATION CONTACT:
                                                  general applicability, including:                        assumptions used;                                     Requests for additional information or
                                                     Æ Increasing the time deposit size                      (c) Ways to enhance the quality,                    copies of the regulation should be
                                                  threshold used to report certain deposit                 utility, and clarity of the information to            directed to Allan Hopkins at Internal
                                                  information from $100,000 to $250,000                    be collected;                                         Revenue Service, Room 6129, 1111
                                                  in Schedules RC–E, RI, and RC–K;                           (d) Ways to minimize the burden of                  Constitution Avenue NW., Washington,
                                                     Æ Revising the statements used to                     information collections on respondents,               DC 20224, or through the internet at
                                                  describe the level of external auditing                  including through the use of automated                Allan.M.Hopkins@irs.gov.
                                                  work performed for the reporting                         collection techniques or other forms of
                                                  institution during the preceding year in                                                                       SUPPLEMENTARY INFORMATION:
                                                                                                           information technology; and
                                                  Schedule RC; and                                                                                                 Title: Regulations Governing Practice
                                                                                                             (e) Estimates of capital or start up
                                                     • New and revised data items of                                                                             Before the Internal Revenue Service.
                                                                                                           costs and costs of operation,
                                                  limited applicability, including:                                                                                OMB Number: 1545–1726.
                                                                                                           maintenance, and purchase of services
                                                     Æ Moving the existing Memorandum                                                                              Regulation Project Number: REG–
                                                                                                           to provide information.
                                                  items for the fair value and unpaid                                                                            111835–00.
                                                                                                             Comments submitted in response to
                                                  principal balance of loans (not held for                                                                         Abstract: These regulations affect
                                                                                                           this joint notice will be shared among
                                                  trading) measured under a fair value                                                                           individuals who are eligible to practice
                                                                                                           the agencies. All comments will become
                                                  option from Schedule RC–C, Part I, to                                                                          before the Internal Revenue Service.
                                                                                                           a matter of public record.
                                                  Schedule RC–Q; and                                                                                             These regulations also authorize the
                                                     Æ Revising the information reported                     Dated: July 7, 2016.                                Director of Practice to act upon
                                                  in Schedule RI by certain institutions                   Karen Solomon,                                        applications for enrollment to practice
                                                  with total assets of $100 billion or more                Deputy Chief Counsel, Office of the                   before the Internal Revenue Service. The
                                                  on the impact on trading revenues of                     Comptroller of the Currency.                          Director of Practice will use certain
                                                  changes in credit and debit valuation                       Dated: July 1, 2016.                               information to ensure that: (1) Enrolled
                                                  adjustments and adding a new item for                    Robert deV. Frierson,                                 agents properly complete continuing
                                                  gross trading revenue.                                                                                         education requirements to obtain
                                                                                                           Secretary of the Board, Board of Governors
                                                     The agencies are not proceeding with                  of the Federal Reserve System.                        renewal; (2) practitioners properly
                                                  the following elements of the September                                                                        obtain consent of taxpayers before
                                                                                                             Dated at Washington, DC, this 5th day of            representing conflicting interests; (3)
                                                  2015 proposal:                                           July 2016.
                                                     • Proposed instructional                                                                                    practitioners do not use e-commerce to
                                                                                                           Robert E. Feldman,                                    make misleading solicitations.
                                                  clarifications addressing the reporting of
                                                  securities for which a fair value option                 Executive Secretary, Federal Deposit                    Current Actions: There is no change to
                                                                                                           Insurance Corporation.                                this existing regulation.
                                                  is elected for measurement purposes on
                                                                                                           [FR Doc. 2016–16533 Filed 7–12–16; 8:45 am]             Type of Review: Reinstatement of a
                                                  the Call Report balance sheet and the
                                                  reporting of home equity lines of credit                 BILLING CODE 4810–33–P; 6210–01–P; 6714–01–P          previously approved collection.
                                                  that convert from revolving to non-                                                                              Affected Public: Business or other for-
                                                  revolving status in Schedule RC–C, Part                                                                        profit organizations.
                                                  I, and certain other schedules; and                      DEPARTMENT OF THE TREASURY                              Estimated Number of Respondents:
                                                     • Revisions to the reporting of certain               Internal Revenue Service
                                                                                                                                                                 718,400.
                                                  securities measured under a fair value                                                                           Estimated Time per Respondent: 2
                                                  option in Schedule RC–Q.                                 Proposed Collection; Comment                          hours, 28 minutes.
                                                     For the September 30, 2016, and                       Request for Regulation Project                          Estimated Total Annual Burden
                                                  March 31, 2017, report dates, as                                                                               Hours: 1,777,125.
                                                  applicable, institutions may provide                     AGENCY: Internal Revenue Service (IRS),                 The following paragraph applies to all
                                                  reasonable estimates for any new or                      Treasury.                                             of the collections of information covered
                                                  revised Call Report data item initially                  ACTION: Notice and request for                        by this notice:
                                                  required to be reported as of that date                  comments.                                               An agency may not conduct or
                                                  for which the requested information is                                                                         sponsor, and a person is not required to
                                                  not readily available. The specific                      SUMMARY:   The Department of the                      respond to, a collection of information
                                                  wording of the captions for the new or                   Treasury, as part of its continuing effort            unless the collection of information
                                                  revised Call Report data items discussed                 to reduce paperwork and respondent                    displays a valid OMB control number.
                                                  in this notice and the numbering of                      burden, invites the general public and                Books or records relating to a collection
                                                  these data items should be regarded as                   other Federal agencies to take this                   of information must be retained as long
                                                  preliminary.                                             opportunity to comment on proposed                    as their contents may become material
                                                                                                           and/or continuing information                         in the administration of any internal
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                                                  V. Request for Comment                                   collections, as required by the                       revenue law. Generally, tax returns and
                                                    Public comment is requested on all                     Paperwork Reduction Act of 1995,                      tax return information are confidential,
                                                  aspects of this joint notice. Comments                   Public Law 104–13 (44 U.S.C.                          as required by 26 U.S.C. 6103.
                                                  are invited on:                                          3506(c)(2)(A)). Currently, the IRS is                   Request for Comments: Comments
                                                    (a) Whether the proposed revisions to                  soliciting comments regulations                       submitted in response to this notice will
                                                  the collections of information that are                  governing practice before the Internal                be summarized and/or included in the
                                                  the subject of this notice are necessary                 Revenue.                                              request for OMB approval. All


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Document Created: 2016-07-13 01:43:42
Document Modified: 2016-07-13 01:43:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of information collections to be submitted to Office of Management and Budget (OMB) for review and approval under the Paperwork Reduction Act of 1995 (PRA).
DatesComments must be submitted on or before August 12, 2016.
ContactFor further information about the proposed revisions to the Call Report discussed in this notice, please contact any of the agency staff whose names appear below. In addition, copies of the Call Report forms can be obtained at the FFIEC's Web site (http://www.ffiec.gov/ffiec_report_forms.htm).
FR Citation81 FR 45357 

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