81_FR_55420 81 FR 55260 - Agency Information Collection Activities: Submission for OMB Review; Joint Comment Request

81 FR 55260 - 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 160 (August 18, 2016)

Page Range55260-55263
FR Document2016-19721

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 April 18, 2016, the agencies, under the auspices of the Federal Financial Institutions Examination Council (FFIEC), published a notice in the Federal Register (81 FR 22702) to request public comment on a proposal to extend, with revision, the Regulatory Capital Reporting for Institutions Subject to the Advanced Capital Adequacy Framework (FFIEC 101), which is a currently approved information collection. On April 27, 2016, the agencies published a correction of the April 18 notice in the Federal Register (81 FR 24940). The agencies proposed to collect supplementary leverage ratio (SLR) data in new SLR Tables 1 and 2 of FFIEC 101 Schedule A from all banking organizations subject to the advanced approaches risk-based capital rule (generally, banking organizations with $250 billion or more in total consolidated assets or $10 billion or more in on-balance sheet foreign exposures) (advanced approaches banking organizations), unless the advanced approaches banking organization is (i) a consolidated subsidiary of a bank holding company (BHC), savings and loan holding company (SLHC), or depository institution that is subject to the disclosure requirements in Table 13 of section 173 of the advanced approaches risk-based capital rule (advanced approaches rule), or (ii) a subsidiary of a non-U.S. banking organization that is subject to comparable public disclosure requirements in its home jurisdiction. Advanced approaches banking organizations would begin reporting the proposed SLR data items in FFIEC 101 Schedule A, SLR Tables 1 and 2, effective with the September 30, 2016, reporting date. Separately, the proposed collection of SLR data in SLR Tables 1 and 2 of FFIEC 101 Schedule A would apply to any U.S. intermediate holding companies (IHCs) formed or designated for purposes of compliance with the Board's Regulation YY (12 CFR 252.153) that are advanced approaches banking organizations, effective with the March 31, 2018, reporting date (advanced approaches IHC). Any subsidiary BHC controlled by a foreign banking organization (FBO) that was subject to the SLR requirements prior to the formation of an IHC would complete FFIEC 101 Schedule A, SLR Tables 1 and 2, through the December 31, 2017, reporting date. In addition, the agencies proposed that an advanced approaches banking organization should provide its Legal Entity Identifier (LEI) on the cover page of the report beginning September 30, 2016, only if the organization already has an LEI. The comment period for this proposal expired on June 27, 2016. The agencies did not receive any comments addressing the proposed changes and are now submitting requests to OMB for review and approval of the extension, with revision, of the FFIEC 101. As had been proposed, these reporting changes would take effect as of the September 30, 2016, or the March 31, 2018, report date, as applicable.

Federal Register, Volume 81 Issue 160 (Thursday, August 18, 2016)
[Federal Register Volume 81, Number 160 (Thursday, August 18, 2016)]
[Notices]
[Pages 55260-55263]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19721]



[[Page 55260]]

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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 April 18, 2016, the agencies, under the auspices of the Federal 
Financial Institutions Examination Council (FFIEC), published a notice 
in the Federal Register (81 FR 22702) to request public comment on a 
proposal to extend, with revision, the Regulatory Capital Reporting for 
Institutions Subject to the Advanced Capital Adequacy Framework (FFIEC 
101), which is a currently approved information collection. On April 
27, 2016, the agencies published a correction of the April 18 notice in 
the Federal Register (81 FR 24940). The agencies proposed to collect 
supplementary leverage ratio (SLR) data in new SLR Tables 1 and 2 of 
FFIEC 101 Schedule A from all banking organizations subject to the 
advanced approaches risk-based capital rule (generally, banking 
organizations with $250 billion or more in total consolidated assets or 
$10 billion or more in on-balance sheet foreign exposures) (advanced 
approaches banking organizations), unless the advanced approaches 
banking organization is (i) a consolidated subsidiary of a bank holding 
company (BHC), savings and loan holding company (SLHC), or depository 
institution that is subject to the disclosure requirements in Table 13 
of section 173 of the advanced approaches risk-based capital rule 
(advanced approaches rule), or (ii) a subsidiary of a non-U.S. banking 
organization that is subject to comparable public disclosure 
requirements in its home jurisdiction. Advanced approaches banking 
organizations would begin reporting the proposed SLR data items in 
FFIEC 101 Schedule A, SLR Tables 1 and 2, effective with the September 
30, 2016, reporting date.
    Separately, the proposed collection of SLR data in SLR Tables 1 and 
2 of FFIEC 101 Schedule A would apply to any U.S. intermediate holding 
companies (IHCs) formed or designated for purposes of compliance with 
the Board's Regulation YY (12 CFR 252.153) that are advanced approaches 
banking organizations, effective with the March 31, 2018, reporting 
date (advanced approaches IHC). Any subsidiary BHC controlled by a 
foreign banking organization (FBO) that was subject to the SLR 
requirements prior to the formation of an IHC would complete FFIEC 101 
Schedule A, SLR Tables 1 and 2, through the December 31, 2017, 
reporting date.
    In addition, the agencies proposed that an advanced approaches 
banking organization should provide its Legal Entity Identifier (LEI) 
on the cover page of the report beginning September 30, 2016, only if 
the organization already has an LEI.
    The comment period for this proposal expired on June 27, 2016. The 
agencies did not receive any comments addressing the proposed changes 
and are now submitting requests to OMB for review and approval of the 
extension, with revision, of the FFIEC 101. As had been proposed, these 
reporting changes would take effect as of the September 30, 2016, or 
the March 31, 2018, report date, as applicable.

DATES: Comments must be submitted on or before September 19, 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 numbers, 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 ``1557-0239, FFIEC 101,'' 
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 
101,'' 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 reporting 
form number 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 101,'' 
by any of the following methods:
     Agency Web site: https://www.fdic.gov/regulations/laws/federal/. Follow the instructions for submitting comments on the FDIC 
Web site.
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.

[[Page 55261]]

     Email: [email protected]. Include ``FFIEC 101'' 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 https://www.fdic.gov/regulations/laws/federal/ including any 
personal information provided. Paper copies of public comments may be 
requested from the FDIC Public Information Center by telephone at (877) 
275-3342 or (703) 562-2200.
    Additionally, commenters may send a copy of their comments to the 
OMB desk 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 FFIEC 101 discussed in this notice, please 
contact any of the agency staff whose names appear below. In addition, 
copies of the FFIEC 101 form and instructions can be obtained at the 
FFIEC's Web site (http://www.ffiec.gov/ffiec_report_forms.htm).
    OCC: Shaquita Merritt, OCC Clearance Officer, (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, Washington, DC 20551. Telecommunications 
Device for the Deaf (TDD) users may contact (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 extend for 
three years, with revision, the FFIEC 101, which is currently an 
approved collection of information for each agency.

    Report Title: Regulatory Capital Reporting for Institutions Subject 
to the Advanced Capital Adequacy Framework.
    Form Number: FFIEC 101.
    Frequency of Response: Quarterly.
    Affected Public: Business or other for-profit.

OCC

    OMB Control No.: 1557-0239.
    Estimated Number of Respondents: 20 national banks and federal 
savings associations.
    Estimated Burden per Response: 674 burden hours per quarter to 
file.
    Estimated Total Annual Burden: 53,920 burden hours to file.

Board

    OMB Control No.: 7100-0319.
    Estimated Number of Respondents: 6 state member banks; 16 bank 
holding companies and savings and loan holding companies; and 6 
intermediate holding companies.
    Estimated Burden per Response: 674 burden hours per quarter for 
state member banks to file, 677 burden hours per quarter for bank 
holding companies and savings and loan holding companies to file; 3 
burden hours per quarter for intermediate holding companies to file; 
and 300 burden hours for intermediate holding companies' one-time 
implementation.
    Estimated Total Annual Burden: 16,176 burden hours for state member 
banks to file; 43,328 burden hours for bank holding companies and 
savings and loan holding companies to file; 72 burden hours for 
intermediate holding companies to file; 1,800 burden hours for 
intermediate holding companies' one-time implementation.

FDIC

    OMB Control No.: 3064-0159.
    Estimated Number of Respondents: 2 insured state nonmember banks 
and state savings associations.
    Estimated Burden per Response: 674 burden hours per quarter to 
file.
    Estimated Total Annual Burden: 5,392 burden hours to file.
    Type of Review: Revision and extension of currently approved 
collections.

General Description of Reports

    Each advanced approaches banking organization is required to file 
quarterly regulatory capital data on the FFIEC's Regulatory Capital 
Reporting for Institutions Subject to the Advanced Capital Adequacy 
Framework (FFIEC 101). The FFIEC 101 information collection is 
mandatory for institutions subject to the advanced approaches risk-
based capital rule: 12 U.S.C. 161 (national banks), 12 U.S.C. 324 
(state member banks), 12 U.S.C. 1844(c) (bank holding companies), 12 
U.S.C. 1467a(b) (savings and loan holding companies), 12 U.S.C. 1817 
(insured state nonmember commercial and savings banks), 12 U.S.C. 1464 
(savings associations), and 12 U.S.C. 1844(c), 3106, and 3108 
(intermediate holding companies).

Abstract

    The agencies use the FFIEC 101 data submitted by advanced 
approaches banking organizations to assess and monitor the levels and 
components of each reporting entity's capital requirements and the 
adequacy of the entity's capital under the Advanced Capital Adequacy 
Framework; to evaluate the impact and competitive implications of the 
Advanced Capital Adequacy Framework on individual reporting entities 
and on an industry-wide basis; and to supplement on-site examination 
processes. The reporting schedules also assist advanced approaches 
banking organizations in understanding expectations around the system 
development necessary for implementation and validation of the Advanced 
Capital Adequacy Framework. Submitted data that are released publicly 
will also provide other interested parties with information about 
advanced approaches banking organizations' regulatory capital.

Current Actions

    On April 18, 2016, the agencies requested comment on proposed 
revisions to the FFIEC 101 reporting requirements (April 2016 
proposal).\1\ On April 27, 2016, the agencies published a correction of 
the April 18 notice.\2\ These proposed revisions included two new 
tables that would be added to FFIEC 101 Schedule A to collect 
information related to the agencies' SLR disclosures required in Table 
13 of section 173 of the advanced approaches rule. SLR Tables 1 and 2 
would replace existing items 91 through 98 of FFIEC 101 Schedule A, and 
generally would be aligned with the international leverage ratio common 
disclosure template that was adopted by the Basel Committee on Banking 
Supervision in January 2014 (international leverage ratio common 
disclosure template).\3\ In addition, the agencies proposed that an 
advanced approaches banking organization should provide its LEI on the 
cover page of the

[[Page 55262]]

report only if the organization already has an LEI.
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    \1\ 81 FR 22702 (April 18, 2016).
    \2\ 81 FR 24940 (April 27, 2016).
    \3\ See Basel Committee on Banking Supervision, Basel III 
leverage ratio framework and disclosure requirements; pages 11-12; 
available at http://www.bis.org/publ/bcbs270.pdf.
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    The comment period for the proposal ended on June 27, 2016. The 
agencies did not receive any comments addressing the proposed changes 
and are now submitting requests to OMB for review and approval of the 
extension, with revision, of the FFIEC 101. The proposed reporting of 
SLR Tables 1 and 2 of Schedule A would take effect as of the September 
30, 2016, report date for top-tier advanced approaches BHCs, SLHCs, and 
insured depository institutions, or the March 31, 2018, report date for 
advanced approaches IHCs. Any subsidiary BHC controlled by an FBO that 
was subject to the SLR requirements prior to the formation of an IHC 
would complete report SLR Tables 1 and 2 of Schedule A, through the 
December 31, 2017, report date. Additionally, the proposed reporting of 
the LEI would take effect as of the September 30, 2016, report date.

I. Proposed SLR Changes

A. Introduction

    In the April 2016 proposal, the agencies proposed to add two new 
tables to FFIEC 101 Schedule A to collect information related to the 
SLR disclosures required in Table 13 of section 173 of the advanced 
approaches rule.\4\ Proposed SLR Tables 1 and 2, which would replace 
existing items 91 through 98 of FFIEC 101 Schedule A,\5\ would be 
aligned with the international leverage ratio common disclosure 
template, with some minor changes to the titles of the line items and 
clarifications in the instructions, consistent with the revisions to 
the SLR in the regulatory capital rule (SLR rule) \6\ and the 
accounting terminology of U.S. generally accepted accounting 
principles. The proposal generally would incorporate the complete 
international leverage ratio common disclosure template into Schedule A 
to ensure transparency and comparability of reporting of regulatory 
capital elements across internationally active banking organizations. 
The proposed revised Schedule A also would include an additional item 
applicable to certain advanced approaches BHCs only, which would 
collect data on an advanced approaches BHC's enhanced SLR buffer, if 
applicable.
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    \4\ See 12 CFR 3.173 (OCC); 12 CFR 217.173 (Board); and 12 CFR 
324.173 (FDIC).
    \5\ Although items 91 through 98 are included on the FFIEC 101 
report form, these items are currently shaded out and not collected.
    \6\ See 12 CFR 3.10(c)(4) (OCC) for national banks and Federal 
savings associations; 12 CFR 217.10(c)(4) (Board) for BHCs, SLHCs, 
and state member banks; 12 CFR 324.10(c)(4) (FDIC, for state 
nonmember banks and state savings associations), all as amended by 
79 FR 57725 (Sept. 26, 2014).
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B. Scope, Timing, and Frequency of Proposed Reporting Changes

    The proposed revisions to the FFIEC 101 would apply only to an 
advanced approaches banking organization as described in section 
173(a)(2) of the advanced approaches rule effective with the September 
30, 2016, report date.\7\ Generally, the SLR disclosures apply to an 
advanced approaches institution, unless it is (1) a consolidated 
subsidiary of a BHC, SLHC, or depository institution that is subject to 
these disclosure requirements; or (2) a subsidiary of a non-U.S. 
banking organization that is subject to comparable public disclosure 
requirements in its home jurisdiction. Completing the proposed FFIEC 
101 items for the SLR for a given period would satisfy an advanced 
approaches banking organization's requirement to disclose Table 13 for 
that period.
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    \7\ A top-tier advanced approaches banking organization would be 
required to complete SLR Tables 1 and 2 of FFIEC 101 Schedule A, 
regardless of parallel run status. Any advanced approaches banking 
organization that is a consolidated subsidiary of a top-tier 
advanced approaches BHC, SLHC, or insured depository institution 
would not complete SLR Tables 1 and 2.
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    Separately, each advanced approaches banking organization, 
regardless of its parallel run status, is required to disclose its SLR, 
and the numerator and denominator of its SLR, under section 172(d) of 
the advanced approaches rule.\8\ This is a separate disclosure 
requirement, which the agencies have proposed to implement for banks 
and savings associations that are advanced approaches banking 
organizations through a revision to Schedule RC-R, Part I, Regulatory 
Capital Components and Ratios, of the Consolidated Reports of Condition 
and Income (Call Report) (FFIEC 031 and 041) \9\ reporting forms using 
the standard PRA notice and comment process.\10\
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    \8\ See 12 CFR 3.172(d) (OCC); 12 CFR 217.172(d) (Board); and 12 
CFR 324.172(d) (FDIC).
    \9\ OMB Numbers: OCC, 1557-0081; Board, 7100-0036; and FDIC, 
3064-0052.
    \10\ See 80 FR 56539 (September 18, 2015) and 81 FR 45357 (July 
13, 2016).
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    An IHC formed or designated for purposes of compliance with the 
Board's Regulation YY (12 CFR 252.153) is required to meet all 
applicable capital adequacy standards set forth in the Board's 
Regulation Q, except for subpart E.\11\ An IHC that meets the 
definition of an advanced approaches banking organization under the 
Board's Regulation Q (12 CFR 217.100) would begin reporting the 
proposed SLR data items in the FFIEC 101 effective with the March 31, 
2018, report date, and would begin calculating these proposed items 
starting January 1, 2018. This reporting requirement is consistent with 
Regulation YY, which subjects advanced approaches IHCs to the SLR 
beginning on January 1, 2018.\12\ Such an IHC would not be required to 
complete the rest of the FFIEC 101 because Regulation YY requires an 
IHC to calculate its risk-based capital requirements using only the 
standardized approach, and not the advanced approaches rule, even if it 
meets the advanced approaches applicability threshold.\13\ Further, any 
subsidiary BHC that is controlled by an FBO that was subject to the SLR 
disclosures prior to the formation of an IHC would complete FFIEC 101 
Schedule A, SLR Tables 1 and 2, through the December 31, 2017, report 
date.
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    \11\ See 12 CFR 252.153(e)(2)(i)(A).
    \12\ See Id.
    \13\ An IHC that chooses to comply with subpart E of 12 CFR part 
217 would be required to report the entirety of the FFIEC 101. See 
12 CFR 252.153(e)(2)(i)(B). In contrast, a BHC that is a subsidiary 
of a FBO that is subject to subpart E of 12 CFR part 217, but that 
has received prior written approval from the Board to not comply 
with subpart E of 12 CFR part 217, would not be required to report 
the entire FFIEC 101, but generally would be expected to complete 
Schedule A. See 12 CFR 252.153(e)(2)(i)(C).
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    Depository institutions that are exempt from filing the FFIEC 101, 
but remain subject to the SLR, would not need to begin filing the FFIEC 
101. Instead, these institutions would report their SLR, and the 
numerator and denominator of their SLR, under the proposed Call Report 
revisions discussed above.
    The agencies proposed to collect the SLR information in SLR Tables 
1 and 2 of FFIEC 101 Schedule A quarterly. Each reporting entity would 
continue to submit the applicable quarterly reports on the same due 
dates as are currently in effect for the reporting entity for as long 
as it remains subject to the requirements of section 173(a)(2) of the 
advanced approaches rule.

C. Confidentiality

    To ensure transparency of regulatory capital data reported by 
internationally active banking organizations, the agencies proposed to 
make public the SLR information collected in proposed SLR Tables 1 and 
2 of FFIEC 101 Schedule A, regardless of an advanced approaches banking 
organization's parallel run status.

D. Initial Reporting

    For the September 30, 2016, and March 31, 2018, initial report 
dates, as

[[Page 55263]]

applicable, banking organizations may provide reasonable estimates for 
any new or revised items in SLR Tables 1 and 2 of FFIEC 101 Schedule A 
initially required to be reported as of that date for which the 
requested information is not readily available.

E. Summary of the Proposed FFIEC 101 SLR Data Changes

    The proposed SLR items in FFIEC 101 Schedule A are divided into two 
tables: (1) Summary comparison of accounting assets and total leverage 
exposure (SLR Table 1) and (2) Supplementary leverage ratio (SLR Table 
2). Proposed SLR Table 1, items 1.1 through 1.8, would collect summary 
information on an institution's accounting assets for purposes of 
reconciling balance sheet assets reported in published financial 
statements and total leverage exposure.
    Proposed SLR Table 2, items 2.1 through 2.23, would collect 
detailed information for the calculation of an institution's total 
leverage exposure and the SLR, consistent with the international 
leverage ratio common disclosure template. Items 2.1 through 2.3 would 
collect information about an institution's on-balance sheet exposures. 
Items 2.4 through 2.11 would collect information about an institution's 
derivative exposures. Items 2.12 through 2.16 would collect information 
about an institution's repo-style transactions. Items 2.17 through 2.19 
would collect information about an institution's off-balance sheet 
exposures. Items 2.20 through 2.22 would collect information about an 
institution's capital, total leverage exposure, and the SLR. Item 2.23, 
the enhanced SLR buffer, is an additional line item that is not 
included on the international leverage ratio common disclosure 
template. This item would apply only to an advanced approaches BHC that 
is subject to the enhanced SLR standard and would help determine 
whether the BHC is subject to limitations on capital distributions and 
discretionary bonus payments.\14\
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    \14\ 79 FR 24528 (May 1, 2014); 80 FR 49082 (August 14, 2015).
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    In the revised draft instructions for proposed SLR Tables 1 and 2 
of FFIEC 101 Schedule A, the agencies are clarifying the reporting 
treatment of variation margin disputes in relation to derivative 
transactions. In particular, if a dispute over the correct amount of 
variation margin arises between a banking organization and a 
counterparty, the banking organization may recognize the amount of 
variation margin that has been transferred as long as the parties are 
acting in accordance with agreed-upon practices to settle a disputed 
trade and all other conditions for qualifying cash variation margin are 
met.

II. Reporting the Legal Entity Identifier

    The LEI is a 20-digit alphanumeric code that uniquely identifies 
entities that engage in financial transactions. The LEI system is 
designed to facilitate several financial stability objectives, 
including the provision of higher quality and more accurate financial 
data.
    The agencies proposed to have an advanced approaches banking 
organization provide its LEI on the cover page of the FFIEC 101 
beginning September 30, 2016, only if the organization already has an 
LEI. The LEI must be a currently issued, maintained, and valid LEI, not 
an LEI that has lapsed. An advanced approaches banking organization 
that does not have an LEI would not be required to obtain one for 
purposes of reporting it on the FFIEC 101.

III. Request for Comment

    Public comment is requested on all aspects of this joint notice. 
Comments are invited on:

    (a) Whether the collections of information that are the subject of 
this notice are necessary for the proper performance of the agencies' 
functions, including whether the information has practical utility;
    (b) The accuracy of the agencies' estimates of the burden of the 
information collections as they are proposed to be revised, including 
the validity of the methodology and assumptions used;
    (c) Ways to enhance the quality, utility, and clarity of the 
information to be collected;
    (d) Ways to minimize the burden of information collections on 
respondents, including through the use of automated collection 
techniques or other forms of information technology; and
    (e) Estimates of capital or start-up costs and costs of operation, 
maintenance, and purchase of services to provide 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: August 11, 2016.
Stuart Feldstein,
Director, Legislative and Regulatory Activities, Office of the 
Comptroller of the Currency.
    Board of Governors of the Federal Reserve System, August 12, 
2016.
Robert deV. Frierson,
Secretary of the Board.
    Dated at Washington, DC, this 12th day of August, 2016.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2016-19721 Filed 8-17-16; 8:45 am]
BILLING CODE 4810-33-6210-01-6714-01-P



                                               55260                       Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Notices

                                               DEPARTMENT OF THE TREASURY                              risk-based capital rule (advanced                     addition, comments may be sent by fax
                                                                                                       approaches rule), or (ii) a subsidiary of             to (571) 465–4326.
                                               Office of the Comptroller of the                        a non-U.S. banking organization that is                  You may personally inspect and
                                               Currency                                                subject to comparable public disclosure               photocopy comments at the OCC, 400
                                                                                                       requirements in its home jurisdiction.                7th Street SW., Washington, DC 20219.
                                               FEDERAL RESERVE SYSTEM                                  Advanced approaches banking                           For security reasons, the OCC requires
                                                                                                       organizations would begin reporting the               that visitors make an appointment to
                                               FEDERAL DEPOSIT INSURANCE                               proposed SLR data items in FFIEC 101                  inspect comments. You may do so by
                                               CORPORATION                                             Schedule A, SLR Tables 1 and 2,                       calling (202) 649–6700 or, for persons
                                                                                                       effective with the September 30, 2016,                who are deaf or hard of hearing, TTY,
                                               Agency Information Collection                           reporting date.                                       (202) 649–5597. Upon arrival, visitors
                                               Activities: Submission for OMB                             Separately, the proposed collection of             will be required to present valid
                                               Review; Joint Comment Request                           SLR data in SLR Tables 1 and 2 of                     government-issued photo identification
                                               AGENCY:  Office of the Comptroller of the               FFIEC 101 Schedule A would apply to                   and submit to security screening in
                                               Currency (OCC), Treasury; Board of                      any U.S. intermediate holding                         order to inspect and photocopy
                                               Governors of the Federal Reserve                        companies (IHCs) formed or designated                 comments.
                                               System (Board); and Federal Deposit                     for purposes of compliance with the                      All comments received, including
                                               Insurance Corporation (FDIC).                           Board’s Regulation YY (12 CFR 252.153)                attachments and other supporting
                                                                                                       that are advanced approaches banking                  materials, are part of the public record
                                               ACTION: Notice of information
                                                                                                       organizations, effective with the March               and subject to public disclosure. Do not
                                               collections to be submitted to Office of                                                                      include any information in your
                                               Management and Budget (OMB) for                         31, 2018, reporting date (advanced
                                                                                                       approaches IHC). Any subsidiary BHC                   comment or supporting materials that
                                               review and approval under the                                                                                 you consider confidential or
                                               Paperwork Reduction Act of 1995                         controlled by a foreign banking
                                                                                                       organization (FBO) that was subject to                inappropriate for public disclosure.
                                               (PRA).                                                                                                           Board: You may submit comments,
                                                                                                       the SLR requirements prior to the
                                               SUMMARY:   In accordance with the                       formation of an IHC would complete                    which should refer to ‘‘FFIEC 101,’’ by
                                               requirements of the PRA (44 U.S.C.                      FFIEC 101 Schedule A, SLR Tables 1                    any of the following methods:
                                                                                                       and 2, through the December 31, 2017,                    • Agency Web site: http://
                                               chapter 35), the OCC, the Board, and the
                                                                                                       reporting date.                                       www.federalreserve.gov. Follow the
                                               FDIC (the agencies) may not conduct or
                                                                                                                                                             instructions for submitting comments at:
                                               sponsor, and the respondent is not                         In addition, the agencies proposed                 http://www.federalreserve.gov/
                                               required to respond to, an information                  that an advanced approaches banking                   generalinfo/foia/ProposedRegs.cfm.
                                               collection unless it displays a currently               organization should provide its Legal                    • Federal eRulemaking Portal: http://
                                               valid OMB control number.                               Entity Identifier (LEI) on the cover page             www.regulations.gov. Follow the
                                                 On April 18, 2016, the agencies,                      of the report beginning September 30,                 instructions for submitting comments.
                                               under the auspices of the Federal                       2016, only if the organization already                   • Email: regs.comments@
                                               Financial Institutions Examination                      has an LEI.                                           federalreserve.gov. Include reporting
                                               Council (FFIEC), published a notice in                     The comment period for this proposal               form number in the subject line of the
                                               the Federal Register (81 FR 22702) to                   expired on June 27, 2016. The agencies                message.
                                               request public comment on a proposal                    did not receive any comments                             • FAX: (202) 452–3819 or (202) 452–
                                               to extend, with revision, the Regulatory                addressing the proposed changes and                   3102.
                                               Capital Reporting for Institutions                      are now submitting requests to OMB for                   • Mail: Robert DeV. Frierson,
                                               Subject to the Advanced Capital                         review and approval of the extension,                 Secretary, Board of Governors of the
                                               Adequacy Framework (FFIEC 101),                         with revision, of the FFIEC 101. As had               Federal Reserve System, 20th Street and
                                               which is a currently approved                           been proposed, these reporting changes                Constitution Avenue NW., Washington,
                                               information collection. On April 27,                    would take effect as of the September                 DC 20551.
                                               2016, the agencies published a                          30, 2016, or the March 31, 2018, report                  All public comments are available
                                               correction of the April 18 notice in the                date, as applicable.                                  from the Board’s Web site at
                                               Federal Register (81 FR 24940). The                                                                           www.federalreserve.gov/generalinfo/
                                                                                                       DATES: Comments must be submitted on
                                               agencies proposed to collect                                                                                  foia/ProposedRegs.cfm as submitted,
                                                                                                       or before September 19, 2016.
                                               supplementary leverage ratio (SLR) data                                                                       unless modified for technical reasons.
                                               in new SLR Tables 1 and 2 of FFIEC 101                  ADDRESSES: Interested parties are                     Accordingly, your comments will not be
                                               Schedule A from all banking                             invited to submit written comments to                 edited to remove any identifying or
                                               organizations subject to the advanced                   any or all of the agencies. All comments,             contact information. Public comments
                                               approaches risk-based capital rule                      which should refer to the OMB control                 may also be viewed electronically or in
                                               (generally, banking organizations with                  numbers, will be shared among the                     paper in Room MP–500 of the Board’s
                                               $250 billion or more in total                           agencies.                                             Martin Building (20th and C Streets
                                               consolidated assets or $10 billion or                      OCC: Because paper mail in the                     NW.) between 9:00 a.m. and 5:00 p.m.
                                               more in on-balance sheet foreign                        Washington, DC area and at the OCC is                 on weekdays.
                                               exposures) (advanced approaches                         subject to delay, commenters are                         FDIC: You may submit comments,
                                               banking organizations), unless the                      encouraged to submit comments by                      which should refer to ‘‘FFIEC 101,’’ by
                                               advanced approaches banking                             email, if possible, to prainfo@                       any of the following methods:
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                                               organization is (i) a consolidated                      occ.treas.gov. Alternatively, comments                   • Agency Web site: https://
                                               subsidiary of a bank holding company                    may be sent to: Legislative and                       www.fdic.gov/regulations/laws/federal/.
                                               (BHC), savings and loan holding                         Regulatory Activities Division, Office of             Follow the instructions for submitting
                                               company (SLHC), or depository                           the Comptroller of the Currency,                      comments on the FDIC Web site.
                                               institution that is subject to the                      Attention ‘‘1557–0239, FFIEC 101,’’ 400                  • Federal eRulemaking Portal: http://
                                               disclosure requirements in Table 13 of                  7th Street SW., Suite 3E–218, Mail Stop               www.regulations.gov. Follow the
                                               section 173 of the advanced approaches                  9W–11, Washington, DC 20219. In                       instructions for submitting comments.


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                                                                           Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Notices                                                   55261

                                                  • Email: comments@FDIC.gov.                          Advanced Capital Adequacy                             member banks), 12 U.S.C. 1844(c) (bank
                                               Include ‘‘FFIEC 101’’ in the subject line               Framework.                                            holding companies), 12 U.S.C. 1467a(b)
                                               of the message.                                           Form Number: FFIEC 101.                             (savings and loan holding companies),
                                                  • Mail: Manuel E. Cabeza, Counsel,                     Frequency of Response: Quarterly.                   12 U.S.C. 1817 (insured state
                                               Attn: Comments, Room MB–3105,                             Affected Public: Business or other for-             nonmember commercial and savings
                                               Federal Deposit Insurance Corporation,                  profit.                                               banks), 12 U.S.C. 1464 (savings
                                               550 17th Street NW., Washington, DC                                                                           associations), and 12 U.S.C. 1844(c),
                                                                                                       OCC
                                               20429.                                                                                                        3106, and 3108 (intermediate holding
                                                  • Hand Delivery: Comments may be                       OMB Control No.: 1557–0239.                         companies).
                                               hand delivered to the guard station at                    Estimated Number of Respondents: 20
                                               the rear of the 550 17th Street Building                national banks and federal savings                    Abstract
                                               (located on F Street) on business days                  associations.                                           The agencies use the FFIEC 101 data
                                               between 7:00 a.m. and 5:00 p.m.                           Estimated Burden per Response: 674                  submitted by advanced approaches
                                                  Public Inspection: All comments                      burden hours per quarter to file.                     banking organizations to assess and
                                               received will be posted without change                    Estimated Total Annual Burden:                      monitor the levels and components of
                                               to https://www.fdic.gov/regulations/                    53,920 burden hours to file.                          each reporting entity’s capital
                                               laws/federal/ including any personal                    Board                                                 requirements and the adequacy of the
                                               information provided. Paper copies of                                                                         entity’s capital under the Advanced
                                               public comments may be requested from                     OMB Control No.: 7100–0319.                         Capital Adequacy Framework; to
                                               the FDIC Public Information Center by                     Estimated Number of Respondents: 6                  evaluate the impact and competitive
                                               telephone at (877) 275–3342 or (703)                    state member banks; 16 bank holding                   implications of the Advanced Capital
                                               562–2200.                                               companies and savings and loan                        Adequacy Framework on individual
                                                  Additionally, commenters may send a                  holding companies; and 6 intermediate                 reporting entities and on an industry-
                                               copy of their comments to the OMB                       holding companies.                                    wide basis; and to supplement on-site
                                               desk officer for the agencies by mail to                  Estimated Burden per Response: 674                  examination processes. The reporting
                                               the Office of Information and Regulatory                burden hours per quarter for state                    schedules also assist advanced
                                               Affairs, U.S. Office of Management and                  member banks to file, 677 burden hours                approaches banking organizations in
                                               Budget, New Executive Office Building,                  per quarter for bank holding companies                understanding expectations around the
                                               Room 10235, 725 17th Street NW.,                        and savings and loan holding                          system development necessary for
                                               Washington, DC 20503; by fax to (202)                   companies to file; 3 burden hours per                 implementation and validation of the
                                               395–6974; or by email to oira_                          quarter for intermediate holding                      Advanced Capital Adequacy
                                               submission@omb.eop.gov.                                 companies to file; and 300 burden hours               Framework. Submitted data that are
                                               FOR FURTHER INFORMATION CONTACT: For                    for intermediate holding companies’                   released publicly will also provide other
                                               further information about the proposed                  one-time implementation.                              interested parties with information
                                               revisions to the FFIEC 101 discussed in                   Estimated Total Annual Burden:                      about advanced approaches banking
                                               this notice, please contact any of the                  16,176 burden hours for state member                  organizations’ regulatory capital.
                                               agency staff whose names appear below.                  banks to file; 43,328 burden hours for
                                                                                                       bank holding companies and savings                    Current Actions
                                               In addition, copies of the FFIEC 101
                                               form and instructions can be obtained at                and loan holding companies to file; 72                   On April 18, 2016, the agencies
                                               the FFIEC’s Web site (http://                           burden hours for intermediate holding                 requested comment on proposed
                                               www.ffiec.gov/ffiec_report_forms.htm).                  companies to file; 1,800 burden hours                 revisions to the FFIEC 101 reporting
                                                  OCC: Shaquita Merritt, OCC Clearance                 for intermediate holding companies’                   requirements (April 2016 proposal).1 On
                                               Officer, (202) 649–5490, or for persons                 one-time implementation.                              April 27, 2016, the agencies published
                                               who are deaf or hard of hearing, TTY,                   FDIC                                                  a correction of the April 18 notice.2
                                               (202) 649–5597, Legislative and                                                                               These proposed revisions included two
                                               Regulatory Activities Division, Office of                 OMB Control No.: 3064–0159.
                                                                                                                                                             new tables that would be added to
                                                                                                         Estimated Number of Respondents: 2
                                               the Comptroller of the Currency, 400 7th                                                                      FFIEC 101 Schedule A to collect
                                                                                                       insured state nonmember banks and
                                               Street SW., Washington, DC 20219.                                                                             information related to the agencies’ SLR
                                                  Board: Nuha Elmaghrabi, Federal                      state savings associations.
                                                                                                                                                             disclosures required in Table 13 of
                                               Reserve Board Clearance Officer, (202)                    Estimated Burden per Response: 674
                                                                                                                                                             section 173 of the advanced approaches
                                               452–3829, Office of the Chief Data                      burden hours per quarter to file.
                                                                                                         Estimated Total Annual Burden:                      rule. SLR Tables 1 and 2 would replace
                                               Officer, Board of Governors of the                                                                            existing items 91 through 98 of FFIEC
                                               Federal Reserve System, Washington,                     5,392 burden hours to file.
                                                                                                         Type of Review: Revision and                        101 Schedule A, and generally would be
                                               DC 20551. Telecommunications Device                                                                           aligned with the international leverage
                                                                                                       extension of currently approved
                                               for the Deaf (TDD) users may contact                                                                          ratio common disclosure template that
                                                                                                       collections.
                                               (202) 263–4869.                                                                                               was adopted by the Basel Committee on
                                                  FDIC: Manuel E. Cabeza, Counsel,                     General Description of Reports                        Banking Supervision in January 2014
                                               (202) 898–3767, Legal Division, Federal                                                                       (international leverage ratio common
                                                                                                         Each advanced approaches banking
                                               Deposit Insurance Corporation, 550 17th                                                                       disclosure template).3 In addition, the
                                                                                                       organization is required to file quarterly
                                               Street NW., Washington, DC 20429.                                                                             agencies proposed that an advanced
                                                                                                       regulatory capital data on the FFIEC’s
                                               SUPPLEMENTARY INFORMATION: The                          Regulatory Capital Reporting for                      approaches banking organization should
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                                               agencies are proposing to extend for                    Institutions Subject to the Advanced                  provide its LEI on the cover page of the
                                               three years, with revision, the FFIEC                   Capital Adequacy Framework (FFIEC
                                               101, which is currently an approved                     101). The FFIEC 101 information                         1 81 FR 22702 (April 18, 2016).
                                               collection of information for each                      collection is mandatory for institutions
                                                                                                                                                               2 81 FR 24940 (April 27, 2016).
                                               agency.                                                 subject to the advanced approaches risk-
                                                                                                                                                               3 See Basel Committee on Banking Supervision,

                                                                                                                                                             Basel III leverage ratio framework and disclosure
                                                  Report Title: Regulatory Capital                     based capital rule: 12 U.S.C. 161                     requirements; pages 11–12; available at http://
                                               Reporting for Institutions Subject to the               (national banks), 12 U.S.C. 324 (state                www.bis.org/publ/bcbs270.pdf.



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                                               55262                       Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Notices

                                               report only if the organization already                 approaches BHC’s enhanced SLR buffer,                 items in the FFIEC 101 effective with
                                               has an LEI.                                             if applicable.                                        the March 31, 2018, report date, and
                                                 The comment period for the proposal                                                                         would begin calculating these proposed
                                               ended on June 27, 2016. The agencies                    B. Scope, Timing, and Frequency of
                                                                                                                                                             items starting January 1, 2018. This
                                               did not receive any comments                            Proposed Reporting Changes
                                                                                                                                                             reporting requirement is consistent with
                                               addressing the proposed changes and                        The proposed revisions to the FFIEC                Regulation YY, which subjects
                                               are now submitting requests to OMB for                  101 would apply only to an advanced                   advanced approaches IHCs to the SLR
                                               review and approval of the extension,                   approaches banking organization as                    beginning on January 1, 2018.12 Such an
                                               with revision, of the FFIEC 101. The                    described in section 173(a)(2) of the                 IHC would not be required to complete
                                               proposed reporting of SLR Tables 1 and                  advanced approaches rule effective with               the rest of the FFIEC 101 because
                                               2 of Schedule A would take effect as of                 the September 30, 2016, report date.7                 Regulation YY requires an IHC to
                                               the September 30, 2016, report date for                 Generally, the SLR disclosures apply to               calculate its risk-based capital
                                               top-tier advanced approaches BHCs,                      an advanced approaches institution,                   requirements using only the
                                               SLHCs, and insured depository                           unless it is (1) a consolidated subsidiary            standardized approach, and not the
                                               institutions, or the March 31, 2018,                    of a BHC, SLHC, or depository                         advanced approaches rule, even if it
                                               report date for advanced approaches                     institution that is subject to these                  meets the advanced approaches
                                               IHCs. Any subsidiary BHC controlled by                  disclosure requirements; or (2) a                     applicability threshold.13 Further, any
                                               an FBO that was subject to the SLR                      subsidiary of a non-U.S. banking                      subsidiary BHC that is controlled by an
                                               requirements prior to the formation of                  organization that is subject to                       FBO that was subject to the SLR
                                               an IHC would complete report SLR                        comparable public disclosure                          disclosures prior to the formation of an
                                               Tables 1 and 2 of Schedule A, through                   requirements in its home jurisdiction.                IHC would complete FFIEC 101
                                               the December 31, 2017, report date.                     Completing the proposed FFIEC 101                     Schedule A, SLR Tables 1 and 2,
                                               Additionally, the proposed reporting of                 items for the SLR for a given period                  through the December 31, 2017, report
                                               the LEI would take effect as of the                     would satisfy an advanced approaches                  date.
                                               September 30, 2016, report date.                        banking organization’s requirement to                    Depository institutions that are
                                               I. Proposed SLR Changes                                 disclose Table 13 for that period.                    exempt from filing the FFIEC 101, but
                                                                                                          Separately, each advanced approaches               remain subject to the SLR, would not
                                               A. Introduction                                         banking organization, regardless of its               need to begin filing the FFIEC 101.
                                                 In the April 2016 proposal, the                       parallel run status, is required to                   Instead, these institutions would report
                                               agencies proposed to add two new                        disclose its SLR, and the numerator and               their SLR, and the numerator and
                                               tables to FFIEC 101 Schedule A to                       denominator of its SLR, under section                 denominator of their SLR, under the
                                               collect information related to the SLR                  172(d) of the advanced approaches                     proposed Call Report revisions
                                               disclosures required in Table 13 of                     rule.8 This is a separate disclosure                  discussed above.
                                               section 173 of the advanced approaches                  requirement, which the agencies have                     The agencies proposed to collect the
                                               rule.4 Proposed SLR Tables 1 and 2,                     proposed to implement for banks and                   SLR information in SLR Tables 1 and 2
                                               which would replace existing items 91                   savings associations that are advanced                of FFIEC 101 Schedule A quarterly.
                                               through 98 of FFIEC 101 Schedule A,5                    approaches banking organizations                      Each reporting entity would continue to
                                               would be aligned with the international                 through a revision to Schedule RC–R,                  submit the applicable quarterly reports
                                               leverage ratio common disclosure                        Part I, Regulatory Capital Components                 on the same due dates as are currently
                                               template, with some minor changes to                    and Ratios, of the Consolidated Reports               in effect for the reporting entity for as
                                               the titles of the line items and                        of Condition and Income (Call Report)                 long as it remains subject to the
                                               clarifications in the instructions,                     (FFIEC 031 and 041) 9 reporting forms                 requirements of section 173(a)(2) of the
                                               consistent with the revisions to the SLR                using the standard PRA notice and                     advanced approaches rule.
                                               in the regulatory capital rule (SLR rule) 6             comment process.10
                                                                                                          An IHC formed or designated for                    C. Confidentiality
                                               and the accounting terminology of U.S.
                                                                                                       purposes of compliance with the                         To ensure transparency of regulatory
                                               generally accepted accounting
                                                                                                       Board’s Regulation YY (12 CFR 252.153)                capital data reported by internationally
                                               principles. The proposal generally
                                                                                                       is required to meet all applicable capital            active banking organizations, the
                                               would incorporate the complete
                                                                                                       adequacy standards set forth in the                   agencies proposed to make public the
                                               international leverage ratio common
                                                                                                       Board’s Regulation Q, except for subpart              SLR information collected in proposed
                                               disclosure template into Schedule A to
                                                                                                       E.11 An IHC that meets the definition of              SLR Tables 1 and 2 of FFIEC 101
                                               ensure transparency and comparability
                                                                                                       an advanced approaches banking                        Schedule A, regardless of an advanced
                                               of reporting of regulatory capital
                                                                                                       organization under the Board’s                        approaches banking organization’s
                                               elements across internationally active
                                                                                                       Regulation Q (12 CFR 217.100) would                   parallel run status.
                                               banking organizations. The proposed
                                               revised Schedule A also would include                   begin reporting the proposed SLR data                 D. Initial Reporting
                                               an additional item applicable to certain                  7 A top-tier advanced approaches banking              For the September 30, 2016, and
                                               advanced approaches BHCs only, which                    organization would be required to complete SLR        March 31, 2018, initial report dates, as
                                               would collect data on an advanced                       Tables 1 and 2 of FFIEC 101 Schedule A, regardless
                                                                                                       of parallel run status. Any advanced approaches         12 See  Id.
                                                 4 See  12 CFR 3.173 (OCC); 12 CFR 217.173             banking organization that is a consolidated             13 An  IHC that chooses to comply with subpart E
                                               (Board); and 12 CFR 324.173 (FDIC).                     subsidiary of a top-tier advanced approaches BHC,
                                                                                                                                                             of 12 CFR part 217 would be required to report the
                                                                                                       SLHC, or insured depository institution would not
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                                                  5 Although items 91 through 98 are included on
                                                                                                                                                             entirety of the FFIEC 101. See 12 CFR
                                               the FFIEC 101 report form, these items are currently    complete SLR Tables 1 and 2.
                                                                                                         8 See 12 CFR 3.172(d) (OCC); 12 CFR 217.172(d)
                                                                                                                                                             252.153(e)(2)(i)(B). In contrast, a BHC that is a
                                               shaded out and not collected.                                                                                 subsidiary of a FBO that is subject to subpart E of
                                                  6 See 12 CFR 3.10(c)(4) (OCC) for national banks     (Board); and 12 CFR 324.172(d) (FDIC).                12 CFR part 217, but that has received prior written
                                                                                                         9 OMB Numbers: OCC, 1557–0081; Board, 7100–
                                               and Federal savings associations; 12 CFR                                                                      approval from the Board to not comply with subpart
                                               217.10(c)(4) (Board) for BHCs, SLHCs, and state         0036; and FDIC, 3064–0052.                            E of 12 CFR part 217, would not be required to
                                                                                                         10 See 80 FR 56539 (September 18, 2015) and 81
                                               member banks; 12 CFR 324.10(c)(4) (FDIC, for state                                                            report the entire FFIEC 101, but generally would be
                                               nonmember banks and state savings associations),        FR 45357 (July 13, 2016).                             expected to complete Schedule A. See 12 CFR
                                               all as amended by 79 FR 57725 (Sept. 26, 2014).           11 See 12 CFR 252.153(e)(2)(i)(A).                  252.153(e)(2)(i)(C).



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                                                                           Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / Notices                                                  55263

                                               applicable, banking organizations may                   limitations on capital distributions and                (a) Whether the collections of
                                               provide reasonable estimates for any                    discretionary bonus payments.14                       information that are the subject of this
                                               new or revised items in SLR Tables 1                      In the revised draft instructions for               notice are necessary for the proper
                                               and 2 of FFIEC 101 Schedule A initially                 proposed SLR Tables 1 and 2 of FFIEC                  performance of the agencies’ functions,
                                               required to be reported as of that date                 101 Schedule A, the agencies are                      including whether the information has
                                               for which the requested information is                  clarifying the reporting treatment of                 practical utility;
                                               not readily available.                                  variation margin disputes in relation to
                                                                                                       derivative transactions. In particular, if              (b) The accuracy of the agencies’
                                               E. Summary of the Proposed FFIEC 101                                                                          estimates of the burden of the
                                                                                                       a dispute over the correct amount of
                                               SLR Data Changes                                                                                              information collections as they are
                                                                                                       variation margin arises between a
                                                  The proposed SLR items in FFIEC 101                  banking organization and a                            proposed to be revised, including the
                                               Schedule A are divided into two tables:                 counterparty, the banking organization                validity of the methodology and
                                               (1) Summary comparison of accounting                    may recognize the amount of variation                 assumptions used;
                                               assets and total leverage exposure (SLR                 margin that has been transferred as long                (c) Ways to enhance the quality,
                                               Table 1) and (2) Supplementary leverage                 as the parties are acting in accordance               utility, and clarity of the information to
                                               ratio (SLR Table 2). Proposed SLR Table                 with agreed-upon practices to settle a                be collected;
                                               1, items 1.1 through 1.8, would collect                 disputed trade and all other conditions
                                               summary information on an institution’s                                                                         (d) Ways to minimize the burden of
                                                                                                       for qualifying cash variation margin are
                                               accounting assets for purposes of                                                                             information collections on respondents,
                                                                                                       met.
                                               reconciling balance sheet assets                                                                              including through the use of automated
                                               reported in published financial                         II. Reporting the Legal Entity Identifier             collection techniques or other forms of
                                               statements and total leverage exposure.                    The LEI is a 20-digit alphanumeric                 information technology; and
                                                  Proposed SLR Table 2, items 2.1                      code that uniquely identifies entities                  (e) Estimates of capital or start-up
                                               through 2.23, would collect detailed                    that engage in financial transactions.                costs and costs of operation,
                                               information for the calculation of an                   The LEI system is designed to facilitate              maintenance, and purchase of services
                                               institution’s total leverage exposure and               several financial stability objectives,               to provide information.
                                               the SLR, consistent with the                            including the provision of higher
                                               international leverage ratio common                     quality and more accurate financial                     Comments submitted in response to
                                               disclosure template. Items 2.1 through                  data.                                                 this joint notice will be shared among
                                               2.3 would collect information about an                     The agencies proposed to have an                   the agencies. All comments will become
                                               institution’s on-balance sheet exposures.               advanced approaches banking                           a matter of public record.
                                               Items 2.4 through 2.11 would collect                    organization provide its LEI on the
                                               information about an institution’s                                                                              Dated: August 11, 2016.
                                                                                                       cover page of the FFIEC 101 beginning
                                               derivative exposures. Items 2.12 through                                                                      Stuart Feldstein,
                                                                                                       September 30, 2016, only if the
                                               2.16 would collect information about an                 organization already has an LEI. The LEI              Director, Legislative and Regulatory
                                               institution’s repo-style transactions.                  must be a currently issued, maintained,               Activities, Office of the Comptroller of the
                                               Items 2.17 through 2.19 would collect                   and valid LEI, not an LEI that has                    Currency.
                                               information about an institution’s off-                 lapsed. An advanced approaches                          Board of Governors of the Federal Reserve
                                               balance sheet exposures. Items 2.20                     banking organization that does not have               System, August 12, 2016.
                                               through 2.22 would collect information                  an LEI would not be required to obtain                Robert deV. Frierson,
                                               about an institution’s capital, total                   one for purposes of reporting it on the               Secretary of the Board.
                                               leverage exposure, and the SLR. Item                    FFIEC 101.
                                               2.23, the enhanced SLR buffer, is an                                                                            Dated at Washington, DC, this 12th day of
                                               additional line item that is not included               III. Request for Comment                              August, 2016.
                                               on the international leverage ratio                        Public comment is requested on all                 Federal Deposit Insurance Corporation.
                                               common disclosure template. This item                   aspects of this joint notice. Comments                Robert E. Feldman,
                                               would apply only to an advanced                         are invited on:                                       Executive Secretary.
                                               approaches BHC that is subject to the                                                                         [FR Doc. 2016–19721 Filed 8–17–16; 8:45 am]
                                               enhanced SLR standard and would help                      14 79
                                                                                                             FR 24528 (May 1, 2014); 80 FR 49082             BILLING CODE 4810–33–6210–01–6714–01–P
                                               determine whether the BHC is subject to                 (August 14, 2015).
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Document Created: 2016-08-17 23:46:21
Document Modified: 2016-08-17 23:46:21
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 September 19, 2016.
ContactFor further information about the proposed revisions to the FFIEC 101 discussed in this notice, please contact any of the agency staff whose names appear below. In addition, copies of the FFIEC 101 form and instructions can be obtained at the FFIEC's Web site (http://www.ffiec.gov/ffiec_report_forms.htm).
FR Citation81 FR 55260 

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